The tests required in paragraph 13.3.6 have been carried out on samples taken on.......... (4) and on.......... (4) at least 14 days after the commencement of the above residence period and at least at the beginning of the breeding season;

This was a much smaller quantity than the quantity exported during the investigation period which led to the existing measures but this level, as such, was not considered insufficient for a recalculation of a new dumping margin.

The investigation has shown that the competition of other data media storage such as DVD and/or CD-RW was still very limited during the IP and thus had no significant influence on the sales prices of the product concerned.

It was found that the volume of Hynix's subsidised imports and their market share during the IP were sufficiently important in themselves to adversely affect the Community market and in particular the prices of the Community industry.

The sales of the Community industry decreased between 1995 and 1996 by 10 % and they increased from then to 1997 and the investigation period, i.e. in overall terms they went up by 21 % between 1995 and the investigation period reaching around 850 units, without, however, matching the expansion of the Community consumption, which substantially increased, i.e. by 54 %, during the same period of time.

Therefore, given that prices of the Indonesian imports were found to be subsidised and lower than the average unit price of all other imports of RBMs between 1998 and the IP, it is to be concluded that imports from Indonesia, which held between 8 % and 13 % of the Community market during the IP, have had a price depressive impact on this market.

The tests required in paragraph 13.3.6 have been carried out during the 30 days mandatory storage period of frozen semen and not less than 14 days after the collection of the semen on samples taken on.......... (4) and on.......... (4);

The highest import share was reached in the peak demand year of 1996. However, it should be noted that at the time of the previous investigation period, the import share of the People's Republic of China accounted only for around 54 %.

As the only company which accounted for practically all the exports of the product concerned to the Community during the investigation has ceased manufacturing 3,5` microdisks, no likelihood of a recurrence of dumping from this company exists.

Even though the Community consumption decreased by around 14000 tonnes during the period 1999 to IP, the Indian import volume of PTY increased by around 10 000 tonnes during the same period, through an aggressive price behaviour.

Confronted to the international steel crisis, its exports decreased by 7 % from around 78 000 tonnes in 1997 to around 73 000 tonnes in 1999 and then increased to around 76 000 tonnes in the IP.

From 1998 to the IP, cash flow dropped by 60% to arrive at a level that was 6 % lower than in 1996. The improvement of cash flow in 1997 and 1998 is less pronounced than that of profitability.

It was also claimed that the improvement in the Community industry's profitability from 2,30 % to 3,38 % over the period 1996 to the IP excluded injury caused by dumped imports over this period.

The information available from Eurostat and the Chinese authorities shows potassium permanganate coming from China to the Community significantly undercutting Community industry prices during the IP.

However, the entities which were able to do so, and whose verified information was used by the Commission to arrive at their provisional findings, accounted for over 80 % of the production of the Community industry in the IP.

The Indian exporting producers argued that the decrease of the production volume during the IP is to be attributed to a deliberate shutdown of a plant of one of the two Community producers constituting the Community industry.

Fluctuations in prices and costs in the zinc oxide business were therefore linked to the LME quotation and developments which occurred after the IP were simply a manifestation of the normal functioning of the market and it could not be said that there had been any change of a structural nature in the market which made it manifestly unsuitable to base findings on data relating to the IP.

Whilst it is true that the parent companies of certain members of the Community industry recorded profits during the IP, the overall level of profitability for their zinc oxide activities in the Community was negative in this period as set out in recital 77 of the provisional Regulation.

If the amount of subsidy was allocated starting from October 2001 onwards, the duty would be in force for a longer period of time than when it is calculated under the normal calculation method laid down in the Guidelines, i.e. the beginning of the investigation period.

The GOA argued that the Commission failed to look at the effect that exchange rate fluctuations have had on import prices from Australia, specifying that during the investigation period PSF imported from Australia had benefited from a favourable exchange rate appreciation.

Over this period, whilst both the volume of sales and the Community industry's market share have increased, there has been a reduction in both indicators during the IP from highs in 1997 and 1998.

The investigation has shown that during the IP prices charged by most of the operators located in other third countries on the Community were higher than those charged by the countries concerned on the Community market.

It is considered that without maintaining the antidumping 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.

It was found that throughout the analysis period, the Community industry had recorded financial results (i.e. losses) which were well below the profit rate deemed appropriate for the Community industry in the original investigation.

As concerns the impact on the situation of the Community industry of the magnitude of the actual margin of dumping found during the investigation period, it should be noted that the margins found for Japan and the Peo` le's Republic of China are not negligible.

As already mentioned in recital 69, the economic situation of the Community industry should be seen in the light of ongoing anti-dumping investigations during the period considered and the imposition of anti-dumping measures in 2000.

The return on investment, expressed as the relation between the net profits of the Community industry and the net book value of its investments, followed the profitability trend and decreased from - 1 % in 1998 to - 18 % during the IP.

Furthermore, even though its losses diminished during the HP, the Community industry continued to suffer losses of around -10 % during the investigation period whereas in such an industry, a profit level of 15 % must be considered necessary to finance the investment needed to keep up to date with technological development.

(61) The production of the Community industry concerned increased from 5 334 000 units in 1988 to 5 876 000 units in 1989 and to 6 620 000 units in 1990. The production decreased to 6 190 000 units during the investigation period.

The Commission had, therefore, to exlude from the determination of normal value the sales of this product type, the prices of which did not permit recovery, in the normal course of trade in the investigation period, of all costs reasonably allocated.

However, the investigation revealed that, while these costs remained roughly at the same level over the period 1995 to 1999, the Community producers sales value decreased dramatically (by 39 %) due to the decrease in prices.

In reaching this conclusion, the Commission has also taken into account the fact that the Japanese exporting producers could influence the Community market to a far greater degree than their market share during the investigation period would suggest.

The present review exceeded the period of 12 months within which it should normally have been concluded pursuant to Article 11(5) of the basic Regulation, due to the complexity of the investigation and in particular the impact of the euro-effect (see recital 39) on the investigation.

Indeed, with a market share of 6,7 % during the IP, such a level of price undercutting certainly had a significant negative impact on this transparent and depressed Community market, and for a product which is extremely price sensitive.

Article 5 states that the amount of countervailable subsidies shall be calculated in terms of the benefit conferred on the recipient which is found to exist during the investigation period for subsidisation.

Therefore, the cost of production was recalculated on the basis of the total actual cost incurred during the investigation period which was then divided by the total volume produced in order to establish an average cost of production.

On the basis of Eurostat information it was determined that the price levels at which these imports entered the Community were significantly higher than the import prices of the countries under investigation (from 12,3 % to 30,5 % during the IP).

The increase in consumption in 1997 and the investigation period was mainly due to a one-off increase in demand from retailers arising from the introduction of the euro ('euro-effect').

One exporting producer, Garware Polyester Ltd, submitted that it had obtained no benefit under this scheme during the investigation period (IP) since the State Authorities of Maharashtra had not yet actually fulfilled its repayment obligation.

In 1995 and 1996, losses incurred by the Community industry were stable (2,2 % in 1996). They were reduced by 1,9 percentage points in 1997 (-0,3% of net sales) but increased again during the investigation period (- 0,6 % of net sales).

This producer (Industrial Quimica del Nalon SA-IQN) represents 100 % of potassium permanganate produced in the Community during the IP and constitutes, therefore, the 'Community industry' pursuant to Article 4(1) of the basic Regulation.

(32) With regard to the companies in the sample, the investigation established the existence of dumping for only one of these companies (Bombay Dyeing), accounting for less than 8 % of total exports of the product concerned originating in India to the Community during the IP.

Article 5 of the basic Regulation states that the amount of countervailable subsidies is calculated in terms of the benefit conferred on the recipient which is found to exist during the investigation period for subsidisation.

The verification at the premises of the unrelated company in the EC who allegedly imported the bulk of the Belarusian product has confirmed that none of the quantity purchased by that company was effectively imported into the Community during the expiry IP.

It is therefore confirmed that the two cooperating Community producers representing 100 % of the total Community production of the product concerned during the IP constitute the Community industry within the meaning of Article 9(1) of the basic Regulation.

Since the IP of the investigation against imports of the product concerned originating in Turkey overlapped with the review IP for six months, normal value was established only for the common period of the two investigations, i.e. 1 July 1999 to 31 December 1999 (second half of the review IP), and dumping calculations were made for this period.

The tests required in paragraph 13. 3. 6. have been carried out during the 30 days mandatory storage period of frozen semen and not less than 14 days after the collection of the semen on samples taken on....................(2) and on....................(2).

However, in the case of animals which have been examined for tuberculosis with unfavourable results without showing clinical symptoms of the disease, the competent authorities may extend to not more than three months the period provided for in the above paragraph,

Regarding the arguments raised by the GOA and the GOT on their respective market share, it is recalled that imports from Australia and Taiwan were found to be clearly above the de minimis level during the IP.

(14) In November 2001, CESA requested the Commission to examine whether adverse effects had been suffered by the Community industry during the period covering the 13 months following the end of the original investigation period (i.e. 1 December 2000 to 31 December 2001).