No L 32/28 Official Journal of the European Communities 7. 2. 86 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 February 1986 accepting undertakings given in connection with the anti-dumping investigation concerning imports of certain clogs originating in Sweden (86/21/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean Economic Community ("), and in particular Article 10 thereof, After consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. Provisional action (1) The Commission, by Regulation (EEC) No 2823/85 (3), as amended by Regulation (EEC) No 3475/85(3), imposed a provisional anti-dumping duty on imports of certain clogs originating in Sweden. B. Subsequent procedure (2) Following the imposition of the provisional anti- dumping duty, the two Swedish exporters who had cooperated in the investigation and on the import of whose products this duty was imposed, made repre- sentations to the Commission, making their views known on the duty. They also requested to be informed of the facts and essential considerations on the basis of which the Commission intended to recommend definitive action, and these requests were granted. () OJ No L 201, 30. 7. 1984, p. 1. () OJ No L 268, 10. 10. 1985, p. 11. () OJ Ne L 333, 11. 11. 1985, p. 18. In addition, certain other exporters who had not previously made themselves known to the Commis- sion made representations to the Commission making their views known on the duty, and representatives of the Swedish authorities acting on behalf of the - Swedish clog industry as a whole, made written and oral submissions to the Commission on both dumping and injury. C. Dumping (3) On the basis of certain of these submissions and in particular as a result of new evidence supplied on transport costs from ex-works Sweden to cif Commu- nity frontier, the dumping margin found for Torpatof- feln has been adjusted from 11 % to 52 %. The margin for B.J. Trisko was, however, confirmed at 7 %. 1t is accordingly considered that these findings on dumping should be considered definitive. - (4) As regards those exporters who only made themselves known to the Commission following the imposition of the provisional anti-dumping duty, and those exporters who have not fully cooperated in the investi- gation or have not made themselves known to the Commission during the course of the investigation, dumping was determined on the basis of the facts available. In this connection, it was considered that the results of its investigation provided the most appropriate basis for determination of the margin of dumping and that it would create an opportunity for circumvention of the duty and an invitation for non- cooperation in future anti-dumping investigations to hold that the dumping margin for these exporters was any lower than the higher dumping margin of 7 % determined with regard to an exporter who has coop- erated in the investigation. For these reasons it is considered appropriate to use this latter dumping margin for this group of exporters.