9. 2. 88 Official Journal of the European Communities COMMISSION REGULATION (EEC) No 360/88 of 4 February 1988 imposing a provisional anti-dumping duty on imports of potassium perman- " ganate originating in the People’s Republic of China 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 contries not members of the Euro- pean Economic Community ('), as amended by Regula- . tion (EEC) No 1761/87 of 22 June 1987 (3, and in pam- cular Article 10 (6) thereof, After consultations within the Advisory Committee established by that Regulation, Whereas, A. Procedure (1)  Following a complaint lodged by the European Council of Chemical Manufacturers’ Federations (ECCMF) on behalf of a Community producer of potassium permanganate whose output constitutes the totality of the Community production of the product in question, the Commission published a notice in the Official Journal of the European Communsties (°) announcing the initiation of an anti-dumping proceeding concerning imports into the Community of potassium permanganate falling within Common Customs Tariff subheading ex 28.47 C, corresponding to combined nomenclature code ex 2841 60 00 (from 1 January 1988) origina- ting in Czechoslovakia, the German Democratic Republic and the People’s Republic of Chinaj; it then commenced an investigation. (2)  Following the investigation, which established the existence of dumping and injury (*), the Chinese exporter, China National Chemicals Import and Export Corporation (Sinochem), and the exporters in Czechoslovakia and the German Democratic Republic offered price undertakings. (3) The Chinse firm undertook to increase its export prices by an amount sufficient to eliminate the () OJ No L 201, 30. 7. 1984, p. 1. %) OJ No L 167, 26. 6. 1987, p 9 () OJ No C 63, 18. 3. 1986, () Commission Regulatlon (EEC) No 2495/86 of 1 August 1986, OJ No L 217, 5. 8. 1986, p. 12. injury caused by dumping. This undertaking was accepted by the Commission (%). (49 In November 1987 the Commission was informed that potassium permanganate originating in China National Chemicals Import and Export Corpora- tion (Sinochem) was being imported into France and Spain at very low prices, suggesting that the price undertaking was being violated. The Commission studied the information submitted to it and granted the Chinese¢ exporting company a hearing. B. Violation of the undertaking (5 The Commission first checked the allegations against the official statistics available. The statistics suggested that the undertaking was being violated. (6)  Furthermore, the Commission has clear evidence that the Chinese exporter invoiced its consign- ments to the Community at prices lower than those stipulated in the price undertaking. The company did not dispute the statistics, but said it could not control the activities of its various subsidiaries in China. However, in offering the price undertaking accepted by the Commission, the company. promised to comply with a given cif delivered price, free at Community frontier, not only on its own account but also through its subsi- diaries, branches and agents. (7 The company also violated the undertaking by failing to report to the Commission periodically giving details or quantities exported to the Community, unit prices and total value. C. Reopening of proceeding (8) The Commission considers that in the circum- stances the facts should be reviewed. It has there- fore reopened the investigation. D. Provisional measures (9 In the light of the evidence available to it confir- ming the price violation, the Commission consi- ders that acceptance of the undertaking given by China National Chemicals Import and Export Corporation (Sinochem) should be withdrawn. In addition, on the basis of the facts established () Decision 85/589/EEC of 26 November 1986, OJ No L 339, 2. 12. 1986, p. 32. No L 35/13