Only domestic and export sales relating to the same or a comparable product type can be used for a transaction by transaction comparison, otherwise the comparison cannot be valid.

According to Article 2(11) of the basic Regulation the second symmetrical method bases the calculation of the dumping margin on a comparison of individual normal values of the different types of the product concerned with the corresponding individual export prices on a transaction-to-transaction basis.

The necessary price increase was then determined on the basis of a comparison of the weighted average import price, as established for the price undercutting calculations, with the non-injurious price of products sold by the Community industry on the Community market.

The necessary price increase was then determined on the basis of a comparison of the weighted average import price, as established for the price undercutting calculations, with the non-injurious price of products sold by the Community industry on the Community market.

Activities may include a comparison of the effectiveness of processes, methods and tools related to the chosen themes, the mutual transfer and application of good practice, exchanges of personnel, the joint development of products, processes, strategy and methodology, the adaptation to different contexts of the methods, tools and processes identified as good practices and/or the common dissemination of results, visibility materials and events.

(47) This request is considered justifiable in order to compare both products at the same level of trade.

This led to a comparison of normal values and.export prices of identical product types.

Lightweighted to less than 20% "equivalent density" compared with a solid blank of the same aperture and thickness;

Comparison was then made, in similar conditions of trade and on a per category basis, between the weighted average selling prices of both imported products and Community industry products.

By way of comparison, Community imports of these products totalled 12,2 million tonnes in 1996. This means that steel imports into the Community have more than doubled in the past five years.

However, no comparison was possible between the product types sold on the domestic market and those exported to the European Union by the other companies.

The Brazilian exporting producer contested the fact that the Commission did not use the product control numbers (PCN's) identifying product types as proposed in the questionnaire for comparing normal values and export prices.

In actual fact, the assessment of production capacity for PSF was based on a ratio comparing the actual production of PSF to the total production of all products produced on the same production lines.

Results comparing the phyto-chemical composition of the products used in supporting bibliographic data and the herbal medicinal product applied for shall be discussed, where appropriate.

the product categorisation for the calculation of the dumping margin was not considered to serve as a good model in calculating undercutting given that the dumping categorisation was, for the most part, a comparison of one company's product range, i.e. the same or similar products produced by one and the same producer and sold on two different markets.

This argument had to be rejected as the aspects of commodity and special type of PET film were taken into account in the product grouping used for the price comparison.

As to the fourth point, the claim was rejected because no grouping of different product types outside the scope of the product control numbers used to ensure a fair comparison had been carried out by the Commission.

By way of comparison, Community imports of these products amounted to 28 million tonnes in 1996. Community exports to the US and Canada have been hit particularly hard, falling by an estimated 36 % and 32 % respectively.

Only domestic and export sales relating to the same or a comparable product type can be used for a transaction by transaction comparison, otherwise the comparison cannot be valid.

Indeed, on an overall basis, the prices charged to these export markets are lower than the prices of the Community industry, even though a detailed analysis could not be carried out in view of the numerous variety of different product types and accordingly the impossibility to establish precise price comparisons for all product types.

At this stage of the investigation it was not possible to change the basis of product comparison which is set out in the specifications table of the Commission's questionnaire and concerns all cooperating exporting producers.

It was also claimed that computer systems were in place to match import and export transactions and to confirm which inputs are consumed in the production of the exported products and in what amounts.

Moreover, since these costs account for a very high proportion of the selling price of bulk products such as the product concerned, the fob comparison could give an undue advantage to Ukrainian companies.

Should imports into the Community of products falling within any given category, not subject to the quantitative limits set out in Annex V and originating in one of the countries listed in Annex IX exceed, in relation to the preceding calendar year's total imports into the Community of products in the same category, the percentages indicated in the Table appearing in Annex IX, such imports may be made subject to quantitative limits under the conditions laid down in this Article.

- requirements or practices concerning marking, labelling, the description or composition of the product or the description of the manufacturing of products which, either in their formulation or in their application, are in any form discriminatory as compared with domestic products;

- requirements or practices concerning marking, labelling, the description or composition of the product or the description of the manufacturing of products which, either in their formulation or in their application, are in any form discriminatory as compared with domestic products,

In the previous investigation, by comparison, the minimum-price-based variable duties were based on overall underselling margins of 45,2 % for Union Carbide, 53,5% for Dow Chemical and for Huntsman.

Furthermore, both the applicant Community producers and the Japanese exporting producers manufacture digital products and camcorders, which have been the latest technological developments related to the product concerned as compared with the original investigation.

(b) The investigation showed that, on the basis of comparable product types, the Thai cooperating exporting producers sold the product concerned at a significantly lower price than the Community industry's. As to China, in the absence of cooperation and due to the variety of product types and thus import prices, no price comparison on a type per type basis could be carried out.

The necessary price increase was then determined on the basis of a comparison of the weighted average import price, as established for the price undercutting calculations, with the non-injurious price of products sold by the Community industry on the Community market.

(10) According to Article 2(11) of the basic Regulation the second symmetrical method bases the calculation of the dumping margin on a comparison of individual normal values of the different types of the product concerned with the corresponding individual export prices on a transaction-to-transaction basis.

In these circumstances, the assessment of production capacity for PSF was based on a ratio comparing the actual production of PSF to the total actual production of all products produced on the same production lines.

Generally speaking, notwithstanding the great potential of the Brazilian market, Community textile exports to Brazil registered no significant increase between 1996 and 1997, especially when compared to those reported on other similar South American markets.

According to normal practice, in order to calculate the price undercutting, verified average Community industry's and average exporters' prices were compared for the whole IP on a product type by product type basis and at the same level of trade.

In this respect, in order to ensure a fair and meaningful comparison between the products sold in the domestic and export markets, products manufactured by all exporting producers are compared on a type-by-type basis as defined in the Commission's questionnaire.

The Community undertakes not to invoke the provisions of paragraph 3 of this Article before the level of export authorizations for textile products mentioned in paragraph 2 in any category exceeds, in relation to the preceding year's total imports into the Community of products in that category, the following rates:

Furthermore, a substantial part of those purchases was only made in order to satisfy short term market demand while new or additional capacity was being installed, and represented a relatively low percentage of purchases compared to total sales and own production in the IP.

This was done since the on-the-spot verification showed that product types with different characteristics resulting in different costs and market values were grouped under the same PCN's. In order to make a fair and accurate comparison between normal value and export price as required by Article 2 (10) of the Basic Regulation, the internal product categorisation of the company was used.

As to the second point, the investigation confirmed that these imports, although having taking place in certain instances, were minimal by comparison with the Community-produced sales of the Community producers concerned, thus not affecting their status as producers of the like product in the Community.

This finding was arrived at by taking into account the importance of PSF in the cost of production of these users' finished products, the average anti-dumping duty provisionally imposed on imports from the Republic of Korea and India and the market share of Korean and Indian imports compared to Community consumption during the IP.

requirements or practices concerning marking, labelling, the description of composition of the product or the description of the manufacturing of products which, either in their formulation or in their application, are in any form discriminatory as compared with domestic products and not more trade restrictive than necessary to fulfil a legitimate objective,

- requirements or practices concerning marking, labelling, the description of composition of the product or the description of the manufacturing or products which, either in their formulation or in their application, are in any form discriminatory as compared with domestic products and not more trade restrictive than necessary to fulfil a legitimate objective ( fn ),

As stated in recital 18 of the provisional Regulation, normal value in Taiwan for this producer was established in accordance with Article 2 (3) (a) and (4) of Regulation (EEC) No 2423/88, on the basis of the price actually paid in the ordinary course of trade for domestic sales of the like product, which were made in sufficient quantities to permit a proper comparison.

The above allegation of the Indian producing companies has been disregarded, not only because the simplification of the product grouping was inevitable to guarantee a manageable undercutting exercise with representative comparisons of the product groupings declared by both parties concerned (actually around 400 Community industry product grouping codes were compared with about 160 PCN codes of the Indian exporting producers), but also as the undercutting determination already in a simplified form reflects sufficiently the differences in terms of physical characteristics between the types produced by the Indian exporting producers and by the Community industry.

(1) that the Commission had double-counted and thereby pro rata increased financial costs within the SG&A expenses; (2) that the Commission departed from the product or domestic market-wide SG&A expenses allocation and resorted to division-wide SG&A expenses, thus including products other than the product concerned in the allocation; (3) that the Commission departed from the IP and resorted to the last financial year ending within the IP both for the cost of manufacturing and the SG&A expenses calculation; and (4) that the Commission grouped certain product types and thus departed from its own product control numbers used to ensure a fair comparison.

By way of comparison, Community imports of these products amounted to 28 million tonnes in 1996.

By way of comparison, Community imports of these products totalled 12,2 million tonnes in 1996.

This request is considered justifiable in order to compare both products at the same level of trade.

This led to a comparison of normal values and export prices of identical product types.

As to China, in the absence of cooperation and due to the variety of product types and thus import prices, no price comparison on a type per type basis could be carried out.