The investigation showed that during the period considered the Community industry purchased CD-Rs from other sources in order to respond to market demand.

Nothing found in this investigation suggests that the data relating to a period after the initiation are more representative than those relating to the IP.

Concerning the calculation of the subsidy amount as set out in recitals 72 to 74 of the provisional Regulation, the GOI and the company concerned claimed that the amount of benefit obtained under the tax deferral incentive should be allocated over the total sales during the investigation period ("IP") rather than over the total domestic sales during the IP as it was provisionally allocated, because it is a benefit to the company as a whole and should for this reason not solely be attributed to its domestic sales.

If prices which are below costs at the time of sale are above weighted average costs for the period of investigation, such prices shall be considered to provide for recovery of costs within a reasonable period of time.

It should be noted that the period on which the findings of this investigation were based (1 January 1997 to 31 October 1998) is outside the period during which the anti-competitive practices have been found to take place.

Seizures have been reported during clinical investigation in adult patients treated with ertapenem sodium (1g once a day) during therapy or in the 14-day follow-up period.

Furthermore, throughout the period of investigation, Members the products of which are the subject of the investigation shall be afforded a reasonable opportunity to continue consultations, with a view to clarifying the factual situation and to arriving at a mutually agreed solution (43).

The investigation relating to the trends relevant in the context of the injury assessment covered the period from 1 January 1995 up to the end of the IP (i.e. 31 March 1999).

The examination of trends in the context of the injury analysis for both investigations covered the period from 1995 up to 30 June 2000 (period considered), to take account of the existence of two differing investigation periods for dumping.

It is therefore based on an assessment of the facts in this case and not on the assessment of the facts in other proceedings concerning other products and/or other investigation periods.

In this respect, the investigation established that, although dumped imports from Indonesia decreased slightly between 2001 and the IP, overall they increased during the period considered.

A number of exporters alleged that the Community industry had caused injury through its own imports of the product concerned from the countries under investigation during the period examined.

The investigation showed that the worst results were achieved in the period 1995 to 1996, when Chinese exporting producers were circumventing the anti-dumping measures (see recitals 44 to 45).

The limitation period shall be interrupted by any act of the competent authority, notified to the person in question, relating to investigation or legal proceedings concerning the irregularity.

There was only a single small change in estimated theoretical production capacity during the period of the investigation, when, in 1999/2000 production capacity increased by 2 % to 129260 tonnes.

The investigation of continuation or recurrence of dumping covered the period from 1 March 1998 to 28 February 1999, in particular the months of March and September 1998 and February 1999, ("IP").

The investigation showed that the operating return on investments, including cumulated depreciation, during the period under consideration deteriorated in line with the development of profitability.

As regards the imports from Turkey the investigation found that although imports from Turkey increased over the period, with a consequent increase in market share (1,7 % in the IP), unit prices were significantly higher than those of the countries subject to the investigation for which dumping and injury margins have been established.

This period covers basically the time from the initiation of the review investigation until the imposition of the substantially increased anti-dumping duty on imports from the People's Republic of China.

Suspicion of ISA can be ruled out if continued investigations involving at least one clinical inspection per month for a period of six months reveal no further significant evidence of the presence of ISA.

The manufacturer may commence the relevant clinical investigations at the end of a period of 60 days after notification, unless the competent authorities have notified him within that period of a decision to the contrary, based on considerations of public health or public order.

An extension to the 30 day period may be granted, due account being taken of the time limits of the investigation, provided that the party shows due cause for such extension, in terms of its particular circumstances.

The notice of initiation of the proceedings shall announce the initiation of an investigation, indicate the scope of the investigation, the air services on the routes concerned, the countries whose governments allegedly granted the subsidies or license the air carriers allegedly engaged in unfair pricing practices and the period within which interested parties may make themselves known, present their views in writing and submit information, if such views are to be taken into account during the investigation;

Based on information from Eurostat, volumes imported from China during the analysis period slightly increased but remained below 3 % of consumption, whilst their market share was above 10 % in the previous investigation.

One Chinese Company, for which an individual duty had been established in the original investigation and which was subject to a periodical monitoring by the Commission(4) on a six-monthly basis, argued that it was not necessary for it to fill in the questionnaire since the Commission had previously visited the company in the context of the periodical monitoring and all the data requested in the present investigation were already available.

This company claimed that it was not individually investigated during the original period of investigation (i.e. from 1 October 1998 to 30 September 1999) for reasons other than the refusal to cooperate with the Commission.

it shall state the periods within which interested parties may make themselves known, present their views in writing and submit information if such views and information are to be taken into account during the investigation;

Imports from Japan and the People's Republic of China during the period covered by the original investigation amounted to around 130 million units and collectively accounted for around 30 % of the apparent Community consumption.

Furthermore, it claimed that it had not exported the product concerned during the original period of investigation (i.e. from 1 October 1998 to 30 September 1999), but had exported the product concerned to the Community since then.

The investigation has shown that, although the Community industry lost market share during the period examined, the anti-dumping measure in its current form has allowed the Community industry to increase its prices and therefore to reduce its losses, in particular during the time period between 1996 and 1998.

In view of the seriousness of these allegations, the Commission has carried out a further investigation to assess the recent evolution of volumes and prices of the product concerned for the period between 1 October 2002 and 30 September 2003.

The Marketing Authorisation Holder will continue to submit periodic safety update reports and safety information related to updates on activities and investigations on the mechanisms of hypersensitivity reaction to abacavir at six-monthly intervals.

A review shall also be carried out for the purpose of determining individual margins of dumping for new exporters in the exporting country in question which have not exported the product during the period of investigation on which the measures were based.

The results of ongoing study GTC AT HD 012-04 and in particular the results of investigations in pregnant women treated during the peri-partum period will be submitted when enrollment is completed (total of 17 patients, a mix of surgical and pregnant women).

Any action taken by the Commission or by the competition authority of a Member State for the purpose of the investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments.

in the cases referred to in paragraph 1(d), for the period between the occurrence of the change in the facts referred to therein and the receipt of the complete and correct information requested by decision or the completion of the investigation ordered by decision.

It is considered that without maintaining the anti-dumping measures imposed in the previous investigation, injurious dumping is likely to recur and that the situation of the Community industry, which worsened during the period under review, will further deteriorate.

If evidence or information is not accepted, the supplying party should be informed forthwith of the reasons therefor, and should have an opportunity to provide further explanations within a reasonable period, due account being taken of the time-limits of the investigation.

This comparison shall be made at the same level of trade and in respect of sales made at as nearly as possible the same time, which will normally mean sales within three months before or after the sale under investigation, or in the absence of such sales, any appropriate period.

In accordance with the results of that investigation, the competent authority shall take all necessary measures to safeguard public health which may include prohibiting animals from leaving the farm concerned or products from leaving the farm or establishment concerned for a set period.

However, in the period leading up to the one-month deadline, the option of reverting to a normal first phase merger procedure and thus launching investigations and/or adopting a full decision remains open to the Commission, should it judge such action appropriate in the case in question.

Furthermore, the profit added in constructing value shall, in all instances, be based upon the average profit realized over a reasonable period of time of normally six months both before and after the sale under investigation and shall reflect a reasonable profit at the time of such sale.

It emerged from the category-by-category analysis that prices in categories A and C (which accounted for most Chinese bicycle imports in the original investigation) increased overall by 13 % during the period considered, although the pattern of the increase was not the same for both types;

As regards the methodology used for the establishment of injury, set out in recital (46) of the provisional duty Regulation, it should be recalled that the Commission analysed data relating to the period 1992 to September 1995, and the geographical scope of the investigation over this period was the Community as composed at the time of the initiation i.e. including all fifteen Member States.

In the case of CTVs exported from Turkey and originating in the China, Korea and Malaysia, this examination was done on the basis of data pertaining to a period of six months, since as mentioned above the investigation periods of both proceedings only overlapped from 1 July 1999 to 31 December 1999.

The same investigations have also concluded that, after a significant increase in Syrian export volume in the period 1998 to 2000, these exports are now stable, but still significant, and that the average Syrian export prices to the EU are still decreasing, accounting among the lowest EU import prices.

Unless already reflected in the cost allocations under this sub-paragraph, costs shall be adjusted appropriately for those non-recurring items of cost which benefit future and/or current production, or for circumstances in which costs during the period of investigation are affected by start-up operations (6).

In cases in which any interested Member or interested party refuses access to, or otherwise does not provide, necessary information within a reasonable period or significantly impedes the investigation, preliminary and final determinations, affirmative or negative, may be made on the basis of the facts available.

The fact that Chinese dumped imports increased faster than Indonesian dumped imports during the period considered does not justify the non-cumulative assessment of the effects of the dumped imports from the two countries under investigation in accordance with the provisions of Article 3(4) of the basic Regulation.

By a notice published in March 1992 (3) the Commission initiated a review of Regulation (EEC) No 3433/91 in so far as it concerned certain Chinese companies which alleged, in particular, that they did not export the product concerned during the period covered by the original investigation (a so-called newcomer review).