On the basis of new cif Community frontier prices calculated for the exporting producers in Australia ( recital 21) and the PRC (see recital 52), and due to new exchange rates used (see recitals 12 to 13), new undercutting margins were calculated.

The volumes of such imports can conservatively be estimated to represent close to 20 % of the Community market, considering the consumption on that market ( recital 86) and the actual spare capacities in Russia.

As stated below ( paragraph 257 et seq.), the Commission still had considerable misgivings in respect, particularly as regards retail business, where the bank plays a prominent role on the Berlin regional market, but also as regards real estate financing, which also benefited from substantial aid.

Compared with the figures submitted in the notification, the market shares in private and corporate business in Berlin were revised downwards (to between a little 20 % and over 40 % in the private business sector and just over or just under 25 % in the corporate business sector), as BGB’s reports to the Land central bank on the statistics used to calculate them failed, according to Germany, to give the requisite regional and thematic breakdown ( paragraph 291 et seq. below).

As regards BGB’s market position in the individual segments of the local and regional retail sector, Germany supplied corrected figures showing lower volume‐based market shares ranging from a little over 20 % to more than 40 % in Berlin ( paragraph 291 et seq.).

The capital market business and real estate financing are also to continue, though on a smaller scale ( paragraph 172 et seq.).

For the regional and local corporate segments, Germany also supplied figures that had been adjusted downwards and showed market shares of a little over or just under 25 % in Berlin ( paragraph 291 et seq.).

Furthermore, as explained above ( recitals (22) and following) it has been found that the product concerned imported from the PRC, Saudi Arabia and South Korea and produced by the Community industry share the same basic technical, physical and chemical characteristics, and are to be considered alike in terms of interchangeability and substitutability, thus competing with each other on a type by type basis.

recital 24 et seq.

At least until 1991. recital 79 et seq.

This stagnation in productivity mirrors the low level of investments carried out by the Community industry (in quality and in quantity, recitals (206) and following).

However, no further action is required on this point, as any benefit has already been accounted for in the subsidy found to be conferred by the October 2001 restructuring programme ( recital 65 et seq.).

Secondly, pursuant to Article 2 of the basic Regulation, the methodology applied by the Commission in determining the normal value for the exporting producer in question ( recital 17 of the provisional Regulation) is considered to be the most appropriate for the following reasons: (i) the exporting producer in question had no domestic sales of the like product and of the same general category of products in the IP, (ii) the products are perfectly interchangeable and (iii) only one other exporting producer cooperated in the investigation.

In particular, it was alleged that, as the profit margin used at provisional stage for the purposes of establishing the injury elimination level (i.e. 2 % — recital 284 of the provisional Regulation) was in line with that achieved by some individual companies in the sample, this showed that they were not injured with regard to this indicator.

Following the imposition of provisional measures, one exporting producer submitted that the Community producer which had made substantial imports of dihydromyrcenol from India in the IP ( recital 25 of the provisional Regulation) should be excluded from the definition of the Community industry and consequently the injury analysis, including the injury elimination level determination.

This issue was already raised previously ( recital 8 of the provisional Regulation).

Hynix and the GOK noted that worldwide demand for DRAMs grew in 2001 by only 59 % compared to the average year on year growth rate of 75 %, apparently contending that in 2000 to 2001 there was a huge slowdown in the growth rate of demand ( recital 193 of the definitive Regulation).

Hynix and the GOK correctly point out that the DRAMs market is cyclical ( recital 193 of the definitive Regulation).

It is also noted that, as shown in recital 114 of the provisional Regulation (Table 2), imports from Taiwan increased by almost 20 % during the period considered which translated also in a slight increase of market share ( recital 115 of the provisional Regulation) over the period considered.

One importer argued that the import prices of the cooperating exporting producers from the PRC, as established by the Commission for the undercutting calculation ( recital 92 of the provisional Regulation), do not reflect certain unavoidable additional costs borne on importation from the PRC, such as the palletisation costs and the costs for storage, dispatching and transport from a transition warehouse to the importer’s warehouse.