In calculating the dumping margin for all other exporting producers, as set out in recital (53) of the provisional Regulation, the exporting producer which was granted MET was no longer taken into account.

Whereas the increase in the price of imports from the PRC (+ 4,5 %) coincides with the price development over the same period for the main raw material, PTA (+ 5,1 % ( recital 168 in the provisional Regulation)), the prices of imports originating in Australia decreased over the same period.

This argument is not supported by the finding of significant price undercutting of over 55 % as set out in recital (64) of the provisional Regulation and, therefore, cannot be accepted.

For the normal value of its remaining exports, the company suggested some adjustments to the cost of production used for the provisional determination of its normal value ( recital 79 of the provisional Regulation).

the cost of PET for mineral and spring water producers represented approximately 30 % of their manufacturing costs ( recital 198 in the provisional Regulation),

the cost of PET at the level of the end-consumer only represented 3 cents, or 6-10 % of the retail price ( recital 199 in the provisional Regulation),

The comparison of product types were made on the basis of certain basic technical characteristics used by all operators in the market and no evidence was provided that this method of comparison was not appropriate, as set out in recital (43) of the provisional Regulation.

Following the imposition of provisional measures, the complainants argued that its profit margin during the IP should not reflect the extraordinary and temporary management remuneration cuts of certain Community producers in the IP ( recital 100 of the provisional Regulation).

In this respect, the use of Taiwanese SG&A expenses and profit was considered the most reasonable method because of (i) the representative domestic market, in terms of volumes and competition in terms of prices, for the like product in Taiwan; and (ii) the fact that the Taiwanese SSF industry controls the majority of SSF producers in all the countries under investigation, including some in Thailand ( recital 71 of the provisional Regulation).

Since, pursuant to Article 14(1) of the basic Regulation, no product shall be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from the provision of export subsidies, this duty rate is to be reduced by the applicant’s export subsidy margin as ascertained in the anti-subsidy investigation which led to the adoption of Regulation (EC) No 367/2006 ( recital (59) of Regulation (EC) No 366/2006).

recital (9) of Regulation (EC) No 1322/2004.

recital (137) of Regulation (EC) No 258/2005.

Thus, the dumping margin found in the original investigation for parties not individually investigated, i.e. 76,2 % ( recital 23 of Regulation (EC) No 1600/1999), should apply.

recital 59 of Council Regulation (EC) No 1531/2002 (OJ L 231, 29.8.2002, p. 1).

In this regard it is to be noted that the question under the review of the form of the anti-dumping measures was whether or not the price undertakings were still appropriate or relevant (in the sense that they would have the same effect as the imposition of an anti-dumping duty) to the products being exported under them ( recital (8) of Council Regulation (EC) No 365/2006).

Although continuation of material injury, caused by fraudulent declaration of the product concerned and by circumvention of the product concerned originating in the PRC via other Asian countries, is supported by the findings of OLAF ( recital (33)), the analysis focused on the likelihood of recurrence of injury.

It also held 25 % of the capital of Duferco Clabecq ( recital 9 of this Decision), Duferco La Louvière (see recital 11) and Duferco Belgium (see recital 12).

The amendment to the Law of 24 December 2002, recital (22) of this Decision, will have the effect of taxing all the exceptional and gratuitous advantages received by a coordination centre in the same way as they are taxed when they are received by an undertaking liable to tax under the ordinary system.

In response to the calculation carried out by Corus ( recital 35 of this Decision) of the net discounted value of the returns expected from Carsid, the Belgian authorities used the same methodology as Corus, but with a number of corrections as regards in particular the residual value of Carsid’s installations and the hypothesis of continued operations.

For the same reasons as those set out in recital 21 by the Swedish Government, the Confederation of Swedish Enterprises considers the measure does not distort or threaten to distort competition, nor favour certain production.