8. 6. 90 Official Journal of the European Communities No L 145/9 COMMISSION REGULATION (EEC) No 1537/90 of 28 May 1990 antidumping duty on imposing a provisional imports of potassium permanganate originating in the USSR THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean Community ('), and in particular Article 11 thereof, After consultations within the Advisory Committee as provided for by the above Regulation, Whereas : M @ 3 A. PROCEDURE In May 1989 the Commission received a complaint lodged by the European Council of Chemical Manufacturers’ Federations (ECCMF) on behalf of a Community producer of potassium permanganate which represents the totality of the Community output of the product in question. The complaint contained evidence of dumping and of material injury -resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice .published in the Official Journal of the European Communities (), the initiation of an anti- dumping proceeding concerning.imports. into the Community of potassium permanganate falling within  CN  Code ex 28416000 (Taric code: 2841 60 00 " 10) and originating in the USSR and commenced an investigation. The Commission officially so advised the exporter and importers known to be concerned, the repre- sentatives of the exporting country and the complainant and -gave the parties concerned the opportunity to answer the questionnaires addressed to them, to. make known their views in writing and to request a hearing. The Community producer returned the question- naire to the Commission duly completed. The exporter- in the USSR argued that no potassium permanganate had been exported directly to the Community since 1987. Some importers stated in writing that they had not imported the product in () OJ No L 209, 2. 8. 1988, p. 1. () O] No C 192, 29. 7. 1989, p. 8. ) ) (6) ¢ ® \ question, either directly ‘or indirectly, from the USSR. One importer  informed in writing that he had made imports, directly from Austria, of potas- sium permanganate -originating in the USSR. The other importers did not reply at all to the Commis- sion’s questionnaire. The Community producer, the exporter and-the representatives of the exporting-country made their views known in writing. The Community producer and the representatives of the exporting country. requested and were granted hearings. .No submis- sions were made by processors or consumers of potassium permanganate in the Community. The Commission sought and verified all informa- tion it deemed to be necessary for the purposes of a preliminary determination and carried out investi- gations at the. premises of the following compa- nies : — Community producer: Industrial Quimica del Nalon SA, Oviedo, Spain, — Producer ‘in the country of reference : Carus Chemical Company, Ottawa, Illinois, USA, — Importer in the Community : Grillo Chemikalien GmbH, Duisburg — Hamborn, Federal Republic of Germany. The investigation of dumping covered the period from 1- July 1988 to 30 Jume 1989. B. PRODUCT UNDER CONSIDERATION (i) Description of the product The product which is the subject of the investiga- tion is potassium permanganate and, at room ~ temperature, appeats as a crystaline solid of rombic shape with a dark purple metallic sheen. It is a compound of manganese, potassium ‘and oxygen whose manufacture requires two basic raw mate- rials : pirolusite ore-and caustic potash. By a two step manufacturing procedure the raw materials are converted by: oxidation, first to potassium manga- nate and then to potassium permanganate. The product is mainly available in three specifica- tions : Technical, Free-Flowing and Pharmaceutical. Technical and Free-Flowing specifications are interchangeable in all uses.