33 Provisional measures I Provisional measures may be applied only if (i) an investigation has been initiated, a public notice has been opened and interested parties have been given the opportunity to provide information and comment; (ii) a positive provisional finding of dumping and the resulting injury to a domestic industry has been made; and (iii) the authorities concerned consider that such measures are necessary to avoid harm in the course of the investigation (art. 7.1.21 Determination of injury VIII (ii) sufficiently freely available or an imminent increase in the exporter`s capacity, which indicates the likelihood of a significant increase in dumped exports to the market of the Member State of import, taking into account the availability of other export markets to absorb additional exports; (iii) whether imports are imported at prices that would have an impact or depressing on domestic prices and would likely increase demand for new imports; and (iv) Inventories of the product under investigation (art. 3.7.) 42 Retroactivity II Except as provided for in paragraph 2, a definitive anti-dumping duty may be imposed only from the date of the finding of threat or injury or material retardation or retardation (but no injury has yet been found) if material injury or retardation has been found … (Art. In any event, differences which have an impact on price comparability, including differences between conditions of sale and conditions of sale, taxation, stages of negotiation, quantities, physical characteristics and all other differences which are proven to also affect price comparability, shall be duly taken into account. . . .