CERTAIN VARIABLE COSTS SUCH AS COMMISSIONS PAID TO SALES AGENTS WERE ONLY INCURRED ON THE DOMESTIC MARKET ;
WHEREAS THIS COMPARISON SHOWED THAT EXPORTS TO THE COMMUNITY MADE BY VAUXHALL DURING THE PERIOD OF INVESTIGATION WERE DUMPED AT VARYING RATES , IN SOME INSTANCES UP TO 20 % , THE WEIGHTED AVERAGE MARGIN BEING 6.9 % ;
WHEREAS , WITH REGARD TO INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY INDUSTRY , NO ADDITIONAL INFORMATION HAS BEEN RECEIVED BY THE COMMISSION ; WHEREAS , HOWEVER , VAUXHALL ALLEGED THAT OWING TO A SHORTAGE OF POTATOES IN CANADA IN THE CURRENT CROP YEAR THEY WERE UNABLE TO SUPPLY SUBSTANTIAL QUANTITIES OF GRANULES TO THEIR EEC CUSTOMERS AND COULD NOT , THEREFORE , CAUSE ANY INJURY TO COMMUNITY PRODUCERS ; WHEREAS THIS ALLEGATION IS NOT SUPPORTED BY THE FACTS ESTABLISHED BY THE COMMISSION AND VAUXHALL DID NOT SUPPLY ANY SUPPORTING EVIDENCE IN RESPECT THERETO ; WHEREAS THE COMMISSION HAS THEREFORE DEFINITIVELY CONCLUDED THAT THE DUMPED IMPORTS HAVE CAUSED MATERIAL INJURY TO THE COMMUNITY INDUSTRY CONCERNED ;
WHEREAS VAUXHALL FOODS LTD HAVE VOLUNTARILY UNDERTAKEN TO INCREASE THEIR PRICES TO A LEVEL WHICH ELIMINATES THE INJURIOUS EFFECTS OF THEIR EXPORTS TO THE COMMUNITY ; WHEREAS THE COMMISSION HAS ACCEPTED THIS UNDERTAKING ;
WHEREAS , ALTHOUGH THE ONLY TWO COMPANIES KNOWN TO BE EXPORTING POTATO GRANULES TO THE COMMUNITY HAVE VOLUNTARILY UNDERTAKEN TO INCREASE THEIR EXPORT PRICES , PROTECTION OF COMMUNITY INTERESTS NEVERTHELESS REQUIRES THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY , IN ORDER TO AVOID THE PRICE LEVELS ESTABLISHED BY THE UNDERTAKINGS BEING UNDER-CUT BY FUTURE EXPORTS MADE BY OTHER CANADIAN MANUFACTURERS ; WHEREAS THE LEVEL OF THIS DUTY SHOULD BE EQUAL TO THE RATE OF THE PROVISIONAL DUTY WHICH WAS APPLIED TO EXPORTERS OTHER THAN VAUXHALL , AND WHICH HAS NEVER BEEN CHALLENGED ; WHEREAS COMMUNITY INTERESTS ALSO CALL FOR THE DEFINITIVE COLLECTION IN THEIR ENTIRETY OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY ;
WHEREAS IT IS APPROPRIATE , HOWEVER , TO EXCLUDE THE EXPORTS MADE BY VAUXHALL AND CARNATION , WHOSE UNDERTAKINGS HAVE BEEN ACCEPTED BY THE COMMISSION , FROM THE APPLICATION OF THIS DEFINITIVE DUTY ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON POTATO GRANULES FALLING WITHIN COMMON CUSTOMS TARIFF HEADING NO EX 11.05 AND CORRESPONDING TO NIMEXE CODE EX 11.05-00 , ORIGINATING IN CANADA . THIS DUTY SHALL NOT APPLY TO POTATO GRANULES EXPORTED BY CARNATION INC ., CARNATION FOODS COMPANY LTD AND VAUXHALL FOODS LTD , CANADA .
2 . THE DUTY REFERRED TO IN PARAGRAPH 1 SHALL BE EQUIVALENT TO 4.481 EUROPEAN UNITS OF ACCOUNT PER 100 KG NET WEIGHT .
3 . THE PROVISIONS IN FORCE FOR THE APPLICATION OF CUSTOMS DUTIES SHALL APPLY TO THIS DUTY .
ARTICLE 2
THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY IN ACCORDANCE WITH COMMISSION REGULATION ( EEC ) NO 1101/81 SHALL BE DEFINITIVELY COLLECTED .
ARTICLE 3
THIS REGULATION SHALL ENTER INTO FORCE ON