Judgment_paragraph 163 · Ajinomoto Co. Inc. and The NutraSweet Company v Council of the European Union (T-159/94, T-160/94)

163In any event, the applicant did its best to cooperate in the verification procedures and the investigation. The Commission wished to verify the quantities sold on the Japanese market and the production costs. As regards its sales on the Japanese market, the applicant supplied, first, the factory shipment statistics, second, the invoices relating to all its sales (2.4 million invoices), including those relating to aspartame, and, third, microfilm copies of all monthly and periodic customer sales invoices, including those relating to sales of aspartame. As regards its production costs, Ajico provided complete documentation relating to production costs for its two semi-annual accounting periods from 1 October 1988 to 30 September 1989, covering three quarters of the investigation period. At the time when the on-the-spot inspection took place, information was also available relating to its production costs during the last quarter of 1989, but this was not broken down between the different products since Ajico did not have sufficient time to carry out a specific calculation of the production cost of aspartame. Nevertheless, it is normal practice, where there is a time-lag between the investigation period and the accounting year of the undertaking concerned, to determine the figures by means of extrapolation from the data that is available (Council Regulation (EEC) No 112/90 of 16 January 1990 imposing a definitive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea and collecting definitively the provisional duty (OJ 1990 L 13, p. 21); Commission Regulation (EEC) No 2054/91 of 11 July 1991 imposing a provisional antidumping duty on imports of dihydrostreptomycin originating in the People's Republic of China (OJ 1991 L 187, p. 23); Council Regulation (EEC) No 729/92 of 16 March 1992 imposing a definitive anti-dumping duty on imports of certain thermal paper originating in Japan and definitively collecting the provisional antidumping duty (OJ 1992 L 81, p. 1)).

Ajinomoto Co. Inc. and The NutraSweet Company v Council of the European Union (T-159/94, T-160/94)

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