An investigation carried out by the European Anti-Fraud Office (OLAF) revealed that imports of SWR into the Community which had been produced by Silur were, with Silur's knowledge, imported into the Community with a declared false origin.

The investigation established that the Community industry's ability to raise capital became more difficult at this time owing to its financial situation and in particular to its deteriorated profitability.

The investigation has shown that, despite the existence of anti-dumping measures; imports from the countries concerned have increased by 73% over the period considered, whereas consumption only increased by 31 %.

The investigation showed that most of this capital expenditure was related to the upgrade of the capacity already mentioned under recital 47, as well as to the maintenance of the equipment.

The investigation showed in fact that the main criteria customers of ring binders producers take into account in their choice are price, quality and service, as well as speedy delivery.

The investigation showed in fact that the main criteria customers of ring-binder producer take into account in their choice are price, quality and service, as well as speedy delivery.

The investigation showed that the companies in question do not produce base PET film, but in fact purchase base PET film from different sources and then perform the additional metallisation process.

The investigation showed that the exports of Chinese origin CTVs by the Turkish company concerned, via its related exporters in Turkey, were made both to unrelated and to related customers in the Community.

The investigation showed that prices of the main raw material used in PSF production, namely the terephthalic acid (PTA) and the monoethyleneglycol (MEG), increased both in 1999 and during the IP.

The investigation of the possibility of continuation and/or recurrence of dumping covered the period from 1 January 1998 to 31 December 1998 (hereinafter referred to as 'investigation period' or 'IP').

The investigation has established that although certain types of PSF were not produced by the Community industry during certain periods, this does not mean that the Community industry would not be in a position to produce those types.

The Commission investigation, moreover, did not yield any findings proving or likely to constitute proof that the Community producers' management practices could have contributed to the injury sustained.

The investigation has shown that the product produced and sold by the Community producers on the Community market is alike in all respects to the urea produced in Russia and exported to the Community.

The investigation established that it became increasingly difficult for the Community industry to raise capital during the period considered owing to its financial situation, and in particular to its deteriorated profitability.

The investigation showed that more than 97 % of REWS imported from the countries concerned during the investigation period were in the low range segment as explained in recital 73.

The investigation covered products contained within Chapters 50 to 63 of the Combined Nomenclature and revealed that the effects of the Brazilian system vary from one sector of products to another.

The investigation has shown that the main producers included in the definition of the Community industry have changed their product mix and moved to higher-end products.

The investigation has shown that profitability has remained negative despite the fact that the Community industry undertook significant restructuring, reduced the amount of certain fixed costs of production and increased sales prices.

The investigation showed that the Community industry's average sales price of the product concerned dropped by 8 % during the period under review, from 0,237 ECU/unit in 1996 to 0,217 EUR/unit in the IP.

The investigation showed that for all exports by the cooperating exporting producer in Thailand to the Community during the review IP, the 45 % added value rule was not met.

The investigation showed that the significant increase in cost of production is linked to the fluctuation of the price of certain raw materials, such as paraxylene and ethylene glycol, which were directly influenced by the price of oil.

The investigation established that the two applicant Community producers represented 62 % of the Community production of DBM and, therefore, constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the Basic Regulation.

The investigation confirmed that the applicant Community producers represented 99 % of the Community production of potash and therefore constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation.

Indeed, the investigation has shown that during the period under consideration Hynix's subsidised imports were sold on the Community market at volume and prices that caused very considerable injury to the Community industry.

The examination also demonstrated that this system allows Brazilian authorities to decide in a discretionary and arbitrary manner on the basis of unofficial and not published grounds, the non-granting of import licences.

The investigation showed that the metallisation process consisting of the addition of metal, such as aluminium, by a vapour deposition process, does not alter the basic physical, technical and chemical characteristics of PET film.

The APRG programme and the pre-shipment loans were found to constitute prohibited subsidies under Article 3(1)(a) of the SCM Agreement.

The investigation has shown that only one Community-based trader has bought via a third country importer large quantities of PSF originating in Belarus, but these were re-exported immediately outside of the Community.

The investigation showed that CD-Rs produced and sold on the domestic market of India have similar basic physical and technical characteristics and uses compared with that exported from this country to the Community.

The investigation has further shown that anti-dumping duties have been paid during the IP on at least 7 % of total Chinese imports of the product concerned, meaning that these exports were made at prices below the minimum price.

The investigation has further shown, as explained in point 8.6, that, in order to allow potential sources of supply to operate on the Community market, it is not in the interest of the Community to maintain the measures in their current form.

The investigation also revealed that the company produced at least in part from zinc calcine it had purchased on the Chinese market and that had to be adjusted as outlined above.

The investigation has shown further that the discontinuation of the anti-dumping duties in force against Belarus would be likely to lead to a major market disturbance and might indeed lead to a closure of production facilities within the Community.

The investigation confirmed that the sole cooperating Community producer represented more than 25 % of the Community production of RBMs, thus fulfilling the requirements of Article 5(4) of the basic Regulation.

The investigation also considered whether or not there are any overriding interests against maintaining the measures and also took account of the past effects of duties on all the various interests involved.

What the investigation has, however, shown, due to information given by other parties, is that Citibank was a central figure in discussions between the GOK, Hynix and other parties involved in this case.

The investigation has shown that the volume of imports as reported by IPC is higher than the data contained in Eurostat, as several Member States that have only one major importer did not report complete data for confidentiality reasons.

An investigation may also be initiated in respect of subsidies which are non-countervailable according to Article 4 (2), (3) or (4), in order to determine whether or not the conditions laid down in those paragraphs have been met.

The investigation showed that the remaining Community producers reacted to lower sales and production volumes and higher unit production costs by increasing prices in the medium and high end of the market.

It was examined whether, despite the conclusion on the existence of injurious subsidisation, compelling reasons existed that could lead to the conclusion that it is not in the Community interest to adopt measures in this particular case.

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.

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.

The investigation showed that the Community market for PSF is price sensitive and that as indicated in recital 68 prices of imported PSF remained at a lower level than that of the Community industry despite an equivalent proportional price increase.

The investigation showed that the Community producers' average selling price of the most-sold grade of standard potash (40 % < K2O s 62 %) rose from 90,1 ECU/tonne in 1994 to 104,2 ECU/ tonne in the IP.

As to the production of parts in Hungary and their subsequent incorporation into the finished product, the investigation established that these incorporated parts represented only a minor proportion of the cost of production of the finished products and thus, of the added value.

The investigation has shown that both the Community industry and the exporting producers offer their television camera heads, in general, with different configurations, either connected to a triax adapter or to a recording unit.

The investigation has shown that the Community industry's global profitability for all colorformers produced in the same production facilities where black colorformers are produced was positive during the period considered.

The investigation showed that, while there was a decision by a national competition authority relating to the exchange of price information between Community producers, this decision did not relate to the product concerned.

An investigation may also be initiated in respect of measures of the type listed in Annex IV, to the extent that they contain an element of subsidy as defined by Article 2, in order to determine whether the measures in question fully conform to the provisions of that Annex.

The opening of the Article 11(3) investigation by the Commission was based on the allegation in the request that dumping margins had significantly increased since the previous investigation and that the expiry of the measures would therefore result in increased dumping and injury.