Translation of "Geschäftlich verbunden" in English

Contrary to its position at provisional stage, one exporting producer granted IT claimed at a very late stage in the investigation that it was related to a Community importer and requested that its dumping margin be revised accordingly.

In addition, the unrelated trader is either directly or indirectly related to most of its EU-clients.

On this basis, there is no reason to change the provisional conclusion that these companies are not related.

Nevertheless, the Council notes that the Commission is ready to initiate without delay a review whenever the exporting undertaking can show to the Commission, and supply to that effect sufficient evidence, that it did not export during the investigation period, it started exporting or has the intention to export to the Community after the investigation period and that it is not related to or associated with any of the companies subject to the present investigation for which dumping was found.

The rationale of Article 4 (5) of Regulation (EEC) No 2423/88 is indeed that, for the determination of injury, it should not be open to producers found to be related to exporters to seek relief from unfair trading practices, since they may, through this relationship, have participated in, or benefited from, injurious dumping.

In cases where the importer is not associate with the exporter or producer concerned and such information is not immediately available, or where the exporter or producer is unwilling to release it to the importer, the application shall contain a statement from the exporter or producer that the dumping margin has been reduced or eliminated, as specified in this Article, and that the relevant supporting evidence will be provided to the Commission.

Although it was objected that two of the four importers were in fact related to Community producers, the Commission satisfied itself that the profit margins found for these companies reflected the profit on their sales to independent customers in the Community.

Other producers and/or traders could be related to Yamamoto and exporting Japanese black colorformers to the Community, which would require the determination of a single export price and individual injury margin for the group.

Drumet argued that in view of these aspects, the two companies ceased to be related as from July 1999.

This price may have to be substituted by subsequent resale prices in particular if the parties are related.

Finally, as far as sales prices in the country of export are concerned, since the lighters concerned are either manufactured in China under sub-contracting agreements or the parties involved are related, the Commission cannot be satisfied that these sales were made in the ordinary course of trade.

However, when producers are related to the shipbuilder, exporters or buyers or are themselves buyers of the allegedly injuriously priced vessel, the term 'the Community industry` may be interpreted as referring to the rest of the producers.

In cases where the importer is not associated with the exporter or producer concerned and such information is not immediately available, or where the exporter or producer is unwilling to release it to the importer, the application shall contain a statement from the exporter or producer that the amount of countervailable subsidies has been reduced or eliminated, as specified in this Article, and that the relevant supporting evidence will be provided to the Commission.

The review shall be initiated where a new exporter or producer can show that it is not related to any of the exporters or producers in the exporting country which are subject to the anti-dumping measures on the product, and that it has actually exported to the Community following the abovementioned investigation period, or where it can demonstrate that it has entered into an irrevocable contractual obligation to export a significant quantity to the Community.

Both cooperating producers queried the removal from the transaction listings of sales made to each other on the grounds that they were not related and that, even if they were, the Commission had failed to show that the prices were affected by the relationship.

Since both companies have a common shareholder (see recital (22) of the provisional Regulation and recital (17) below), they are related.

This Article states that the term "Community industry" may be interpreted as referring to the rest of the producers, when it is found that certain producers are related to the exporters.

In fact, Community producers related to exporters are to be excluded from the definition of the Community production, if this relationship leads the producer concerned to behave differently from other producers.

There is one indigenous American producer of black colorformers and two other producers which are related to Japanese exporting producers.

Two importers in the Community which were related to two exporting producers also replied to the questionnaire.

Initially the Commission services were informed that the importer was not related to the Singaporean exporter but at a later stage they were described as being "part of the Teraoka group".

This is particularly pertinent here, where the main Singaporean producer is related to a producer in Japan; i.e. also a country for which a likelihood of recurrence of injurious dumping has been found.

Replies were received from the sole Community producer, six users of ODB-1 and/or ODB-2, a group of importers related to a Japanese exporter and two companies located in Japan.

In addition, the fact that a Community producer is related to an importer located outside the Community cannot as such be a reason to exclude this producer from the definition of the Community industry.