No L 272/16 Official Journal of the European Communities 4. 10. 88 COMMISSION REGULATION (EEC) No 3052/88 of 29 September 1988 imposing a provisional anti-dumping duty on imports- of paint, distemper, varnish -and similar brushes originating in the People’s Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, accepted  the  undertaking by  Decision Having regard to the Treaty establishing the European Economic Cominunity, 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 or provided for under that Regulation, Whereas : M @ @) A. Procedure Following a complaint lodged by the European Brushware Federation (Fédération Européenne de I'Industrie de la Brosserie de la Pinceauterie — FEIBP) on behalf of Community producers in all . Member States of paint, distemper, varnish and similar brushes whose collective output constitutes practically all Community production of the . products in question, the Commission published a notice in the Official Journal of the European Communities (%), announcing the initiation of an anti-dumping proceeding concerning imports into the Community of paint, distemper, varnish and similar brushes falling within Common Customs Tariff subheading ex 96.01 B III, corresponding to Nimexe code 96.01-49 and, from 1 January 1988, to CN code ex 960340 10, originating in the People’s Republic China; it then commenced an investigation. Following the investigation, which established the existence of dumping and injury, the Chinese firm China National Native Produce & Animal By-Products Import & Export Corporation offered an undertaking limiting the quantities exported to the Community. Under the terms of the undertaking, the Chinese firm undertock to reduce its exports to such an extent that the injury suffered by the Community industry would be eliminated. The Council () OJ No L 209, 2. 8. 1988, p. 1. () OJ No C 103, 30. 4. 1986, p. 2. @ ® (©) @ ®) 87/104/EEC (%), In May 1988 the Commission received information suggesting that Chinese exports in 1987 to the Federal Republic of Germany and the - United Kingdom alone far exceeded the maximum . allowed for the: Community as a whole in that year under the terms: of the exporting firm’s undertaking. The Commission examined the information brought to its attention and heard the -Chinese exporter. B. Failure to comply with the undertaking The Commission carried out an initial verification of the alleged facts using the official statistics available. Those statistics. indicate that the undertaking has indeed been broken. They confirm that imports of the product concerned from the People’s Republic of China into Germany and the United Kingdom alone far exceed the overall quantity laid down in the undertaking for the Community as a whole; the United Kingdom authorities also supplied evidence that certain Chinese exports were transiting through Hong Kong, thus increasing the overall volume of exports originating in China, which amounts in this way to nearly twice that allowed under the undertaking. The Chinese exporter claims that the quantities exported to the Community do not exceed the limits laid down in the undertaking. In support of this claim it supplied figures . which do not, however, agree with those obtained from the Community importers, not with those found in the official statistics referred to above, and do not include Chinese export transiting through Hong Kong. The Chinese exporter was unable to put forward convincing arguments to refute the data obtained by the Commission. It should be noted that under the terms of the undertaking accepted by the Council, the exporter undertook not to exceed the quantities laid down whether by direct or indirect exports, or through a subsidiary company, branch or agent. The Commission therefore has detailed evidence showing that the Chinese producer’s exports to the Community, whether direct or transiting through a third country, far exceed the annual figures laid down ‘in the undertaking. () OJ No L 46, 14. 2. 1987, p. 45.