16. 2..90 Official Journal of the European Communities No L 42/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 385/90 of 12 February 1990 imposing a definitive - anti-dumping duty on imports of potassium permanganate originating in Czechoslovakia and definitively collecting the provisional ‘anti-dumping duty imposed on those imports THE COUNCIL 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 Economic Community ('), and in particular Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : ) @ 1 3 “ o () O (YRY A. Previous procedure Following ‘a. complaint lodged by the European Council -of Chemical Manufacturers’ Federations (ECCMF) on -behalf- of a Community producer whose output represents the entire .Community production  of - Commission published a—notice in the Official Journal of the European Communities(?) announ- cing the initiation of an anti-dumping proceeding concerning ‘imports into the Community of potas- sium permanganate corresponding from 1 January 1988 to CN code ex 2841 6000 (Taric code: 2841 60 00 * 10), originating in Czechoslovakia, the German Democratic Republic and the People’s Republic of China,-and commenced an investiga- tion. Following the investigation which established, by Commission Regulation (EEC) No 2495/86 (%), the existence of dumping and injury, the Czechoslovak exporter, Chemapol Foreign ‘Trade Co. Ltd, one exporter from the People’s-Republic of China and the exporter from the German Democratic Republic offered price undertakings. J No L 209, 2. 8. 1988, p. 1. ] No C 63, 18. 3. 1986, p. S. J No L 217, S. 8. 1986, p. 12. potassium  permanganate,- the @) (6 Under -the terms of the undertaking given by the Czechoslovak exporter, the abovementioned firm undertook to increase its- export price by an amount considered sufficient to. eliminate the injury caused by dumping. This undertaking was accepted by the Commission by Decision 86/589/EEC (%) B. Breach of the undertaking and reopening of the proceeding The Commission, having received a request from the complainant to investigate the non-compliance of the price undertaking, obtained evidence showing that potassium permanganate exported by Chemapol was again being imported into the Community market at a very low price, which indi- cated that the price undertaking was- being breached and resulted in material injury to the Community producer, and. decided (%), having regard the Czechoslovak exporter, to reopen the - anti-dumping proceeding concerning imports of potassium permanganate originating in Czechoslo- vakia. C. Provisional action The Commission, on the basis of the price viola- tion and the injury resulting therefrom, withdrew its acceptance of the undertaking given by the Czechoslovak exporter and, by. Regulation (EEC) No 2535/89 (%), imposed a provisional anti- dumping duty on.  imports of the product concerned originating in-Czechoslovakia. That duty was extended for a-maximum period of two months by Regulation (EEC) No 3844/89 ().~ D. Subsequent procedure The - Commission officially informed the exporter and importers known to be concerned, the repre- sentatives . of the exporting country -and the () OJ No L 339, 2. 12. 1986, p. 32. () OJ No C 216, 22. 8. 1989, p. 7. (9 OJ No L 245, 22. 8. 1989, p. 5. () OJ No L 374, 22. 12. 1989, p. 1.