22. 8. 89 Official Journal of the European Communities No L 245/5 COMMISSION REGULATION '(EEC) No 2535/89 of 2 August 1989 imposing a provisional anti-dumping duty on imports - of potassium permanganate originating in Czechoslavakia 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 subsidized imports from-countries not members of the. European Economic Community (), and in particular Article. 10 (6) thereof, After  consultations - within the  Advisory Committee establishred by that Regulation. Whereas : @) A. Procedure 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 Commaunities (?) announcing the initiation of an anti-dumping proceeding concerning imports into the Community of potassium permanganate falling’ within CN code ex 2841 60-00 originating in Czechoslovakia, the German Democratic Republic and the People’s Republic of China, it then commenced an investigation. Following the investigation, which established. the existence of dumping and injury, a provisional duty was imposed by Commission Regulation (EEC) No 2495/86 () on imports- originating  in those countries. The Commission, by Decision 86/589/EEC (¥),  subsequently  accepted an undertaking which was offered inter alia by the Czechoslovakian - exporter — Chemapol Foreign Trade. Co. Ltd. The Commission - received afterwards a request from ECCMF to investigate the non-compliance of the price -undertaking which resulted mainly from' the study of the available official statistics. Furthermore, evidence was obtained showing that Chemapol appears to have exported potassium () OJ No L 209, 2. 8. 1988, p. 1. () O] No C 63, 18. 3. 1986, p. S. () O] No L 217, 5. 8. 1986, p. 12. () OJ No L 339, 2. 12. 1986, p. 32. @ ) (6) @ ® permanganate to the Community at a price much lower than that stipulated in the undertaking. The Commission subsequently granted the Czechoslo- vakian exporting- company a hearing. B. Violation of the undertaking The analysis of the official statistics suggests that the undertaking has been violated. ' Moreover, from - the evidence obtained by the Commission it has been- confirmed that the Czechoslovakian : exporter invoiced the product concerned to.. the Community, through an independent customer, at a price considerably- lower than that stipulated in the price undertaking. The exporter did not dispute the statistics or the evidence of violation, but said that its independent customer had agreed not to seil the product in the Community and that in spite of this agreement the product was sold into- the Community as the exporter was not able to control the activities of all its customers.. However, in the price undertaking under consideration, the exporter agreed not to export potassium permanganate to the Community, either directly or indirectly, through a subsidiary, a branch or an agent of the company, or any third party or entity,~at less than a certain price, cif Community frontier. Accord to the clear wording - and the purpose of this undertaking, the mere export - of. the product concerned to the Community, in breach of the “price stipulated, constitutes a violation of the undertaking. It is immaterial that the exporter’s customer did not respect the alleged agreement, according to which the product should not be sold in the Community. C. Reopening of the proceeding The Commission considers that in these circum- stances the facts should be reviewed. It. has therefore reopened the investigation. D. Provisional measures In the light of the evidence available to -it confirming the price violation, the Commission considers that acceptance of the undertaking given by Chemapol Foreign Trade Co. Ltd should be withdrawn. In addition, on the basis of the facts established by the investigation showing the injury caused, it is in the interests of the Community to impose a provisional anti-dumping duty forthwith