FELL FROM 10 850 TONNES A MONTH IN 1978 TO 9 850 TONNES A MONTH IN THE FIRST HALF OF 1979 , WHICH LEVEL IS , HOWEVER , STILL WELL ABOVE THE LEVEL OF 1977 ( 8 850 TONNES A MONTH ) AND 1976 ( 8 650 TONNES A MONTH ); WHEREAS EXPORTS BY THE COMPLAINANTS TO NON-MEMBER COUNTRIES APPEAR TO BE HIGHER IN 1979 THAN IN 1978 ; WHEREAS THE COMMISSION HAS TAKEN DUE ACCOUNT OF ALL THESE OTHER FACTORS , AND HAS NOT ATTRIBUTED TO THE SPANISH EXPORTS UNDER INVESTIGATION ANY INJURY WHICH MAY HAVE BEEN CAUSED BY THESE OTHER FACTORS ;
WHEREAS A PRELIMINARY EXAMINATION OF THE FACTS CONSEQUENTLY SHOWS THE EXISTENCE OF A COUNTERVAILABLE EXPORT REBATE ON EXPORTS TO THE COMMUNITY OF THE PRODUCT IN QUESTION ORIGINATING IN SPAIN , AND THERE IS SUFFICIENT EVIDENCE OF INJURY RESULTING FROM THEIR ENTRY FOR CONSUMPTION IN THE COMMUNITY ;
WHEREAS , AS REGARDS THE QUESTION OF THE EXISTENCE OF DUMPING , THE COMMISSION IS CONTINUING ITS INVESTIGATION , AND WILL TAKE APPROPRIATE MEASURES IN DUE COURSE ;
WHEREAS , IN THESE CIRCUMSTANCES , THE INTERESTS OF THE COMMUNITY CALL FOR ACTION AGAINST THESE EXPORTS TO PREVENT INJURY BEING CAUSED DURING THE PROCEEDING ;
WHEREAS SUCH ACTION SHOULD TAKE THE FORM OF A PROVISIONAL COUNTERVAILING DUTY ON IMPORTS OF SEAMLESS STEEL TUBES , FALLING WITHIN NIMEXE CODES 73.18-13 , 23 , 27 , 28 , 72 AND 74 , ORIGINATING IN SPAIN ;
WHEREAS IN ORDER TO DETERMINE THE AMOUNT OF SUCH DUTY , THE COMMISSION CONSIDERED THE PROVISIONALLY DETERMINED AMOUNT OF THE SUBSIDY AND THE SCALE OF THE INJURY CAUSED ;
WHEREAS , AFTER COMPARING THE PRICES CHARGED BY COMMUNITY MILLS TO STOCKHOLDERS IN THE COMMUNITY WITH THE PRICES CHARGED TO SUCH STOCKHOLDERS BY THE SPANISH EXPORTERS , AND AFTER TAKING INTO ACCOUNT THE COSTS , PROFITS AND LOSSES OF COMMUNITY MANUFACTURERS , THE COMMISSION HAS CONCLUDED THAT TO ELIMINATE THE INJURY BEING CAUSED TO COMMUNITY MANUFACTURERS WOULD REQUIRE INCREASES IN IMPORT PRICES OF NOT LESS THAN THE AMOUNT OF THE COUNTERVAILABLE EXPORT REBATE ;
WHEREAS , ACCORIDING TO THE INFORMATION AVAILABLE , THE EXPORT TAX REBATE IS PAID BY REFERENCE TO THE FOB PRICE WHERE THE GOODS LEAVE SPAIN BY SHIP , BY REFERENCE TO THE PRICE FREE ON RAIL TRUCK SPANISH FRONTIER IN THE CASE OF GOODS LEAVING SPAIN BY RAIL , AND BY REFERENCE TO THE EX-WORKS PRICE IN THE CASE OF GOODS LEAVING SPAIN BY ROAD ; WHEREAS NO TAX REBATE IS GRANTED IN RESPECT OF COMMISSIONS PAID TO EXPORTERS ' AGENTS IN THE COMMUNITY ; WHEREAS THESE FACTORS MUST BE TAKEN INTO ACCOUNT IN THE DETERMINATION OF THE AMOUNT OF COUNTERVAILING DUTY TO BE LEVIED ;
WHEREAS THE SPANISH AUTHORITIES WERE INFORMED OF THE RESULTS OF THE COMMISSION ' S INVESTIGATIONS ; WHEREAS THE FORMER TOOK CERTAIN TEMPORARY MEASURES CONCERNING SPANISH EXPORTS TO THE COMMUNITY OF SEAMLESS TUBES AND SET UP AN INTER-DEPARTMENTAL WORKING GROUP TO STUDY POSSIBLE MODIFICATIONS TO THE SPANISH SYSTEM