, TEXAS , CONTACTED THE COMMISSION TO SAY THAT THEY HAD WRITTEN IN FEBRUARY 1981 IN RESPONSE TO THE NOTICE ANNOUNCING THE OPENING OF THE ANTI-DUMPING PROCEEDING ON P-XYLENE AND HAD OFFERED FULL COOPERATION IN THE SUBSEQUENT INVESTIGATION ; WHEREAS THIS LETTER FAILED TO REACH THE COMMISSION ; WHEREAS SUNOCO OVERSEAS INC . AND SUN INTERNATIONAL INC . ALSO WROTE TO THE COMMISSION OFFERING TO COOPERATE IN AN EXAMINATION OF THE FACTS CONCERNING THEIR EXPORTS ; WHEREAS ON-THE-SPOT INVESTIGATIONS AT THE PREMISES OF TENNECO OIL COMPANY , SUNOCO OVERSEAS INC . AND SUN INTERNATIONAL INC . SHOWED THAT , IN FACT , THERE HAD BEEN NO DIRECT EXPORTS OF P-XYLENE BY THESE COMPANIES IN 1980 AND THAT , CONSEQUENTLY , IT WAS NOT POSSIBLE TO DETERMINE ON THE BASIS OF EXPERIENCE THAT THEY WOULD NOT DUMP IF THEY BEGAN EXPORTING ; WHEREAS , IN THESE CIRCUMSTANCES , TENNECO OIL COMPANY , SUNOCO OVERSEAS INC . AND SUN INTERNATIONAL INC . OFFERED PRICE UNDERTAKINGS WHICH REFLECTED THE NORMAL VALUES ESTABLISHED DURING THE INVESTIGATION PERIOD TO ALLOW THEM TO BE EXCLUDED FROM THE DUTY ;
WHEREAS THE COMMISSION HAS OTHERWISE RECEIVED NO ADDITIONAL INFORMATION IN RESPECT OF DUMPING SUCH AS TO LEAD IT TO REVISE THE WEIGHTED AVERAGE DUMPING MARGINS IT HAD PROVISIONALLY ESTABLISHED ; WHEREAS THESE MARGINS HAVE THEREFORE BEEN CONSIDERED AS DEFINITIVELY ESTABLISHED ;
WHEREAS , WITH REGARD TO THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWED THAT TOTAL IMPORTS OF P-XYLENE FROM THE SOURCES CONCERNED INTO THE COMMUNITY INCREASED FROM APPROXIMATELY 129 000 TONNES IN 1978 TO APPROXIMATELY 157 000 TONNES IN 1980 ; WHEREAS IT WAS SHOWN THAT APPROXIMATELY 80 % OF THESE IMPORTS WERE MADE AT DUMPED PRICES ;
WHEREAS THE MARKET SHARE OF THESE DUMPED IMPORTS IN THE COMMUNITY WAS APPROXIMATELY 16 % IN 1980 ;
WHEREAS , SINCE MOST OF THE IMPORTERS CONCERNED WERE NOT WILLING TO PROVIDE INFORMATION TO THE COMMISSION , THE COMMISSION WAS UNABLE TO VERIFY THE RESALE PRICES OF P-XYLENE IMPORTED AT DUMPED PRICES ;
WHEREAS , HOWEVER , THE RESALE PRICES OF THE EEC INDUSTRY HAD STEADILY FALLEN IN 1980 AND THERE WAS EVIDENCE THAT CUSTOMERS HAD CANCELLED THEIR CONTRACTS WITH THE COMMUNITY INDUSTRY TO BUY DUMPED MATERIAL FROM THE AREAS CONCERNED , THUS FURTHER DEPRESSING THE EEC PRODUCERS ' PRICES ; WHEREAS ALL THE COMMUNITY INDUSTRY HAS SUFFERED HEAVY LOSSES IN 1980 ;
WHEREAS PRODUCTION OF P-XYLENE IN THE COMMUNITY FELL FROM 626 000 TONNES IN 1978 TO 423 000 TONNES IN 1980 AND CAPACITY UTILIZATION FELL FROM 54.4 % IN 1978 TO 36.7 % IN 1980 ; WHEREAS BP CALIFORNIA , LONDON , HAD BEEN OBLIGED TO CEASE PRODUCTION OF P-XYLENE AT ITS PLANT IN SCOTLAND ;
WHEREAS THE COMMISSION HAS CONSIDERED THE INJURY CAUSED BY OTHER FACTORS WHICH , INDIVIDUALLY OR IN COMBINATION , MAY ALSO BE AFFECTING THE COMMUNITY INDUSTRY ; WHEREAS IT WAS DETERMINED THAT THE LEVEL OF DEMAND AND CONSUMPTION IN THE COMMUNITY