No L 298/32 Official Journal of the European Communities 19. 11. 94 COUNCIL REGULATION (EC) No 2819/94 of 17 November 1994 imposing a definitive anti-dumping duty on imports of potassium permanganate originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European 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 Articles 12, 14 and 15 thereof, Having regard to the proposal from the Commission submitted after consultation within the Advisory Committee, Whereas : A. PROCEDURE (1) The proceeding was first initiated by notice published in the Official Journal of the European. Communities(?). In November 1986, the Commis- sion, by Decision 86/589/EEC (*), inter alia accepted a price undertaking offered by the exporter in the People’s Republic of China in connection with the anti-dumping proceeding concerning imports of potassium permanganate. (2)  After failure of the exporter in the People’s Re- public of China to comply with the undertaking, the Commission withdrew its acceptance of the undertaking and reimposed a provisional anti- dumping duty by Regulation (EEC) No 360/88 (%) and decided (°) to reopen the anti-dumping investi- gation concerning imports of potassium permanga- nate originating in the People’s Republic of China. The Council, by Regulation (EEC) No 1531/88 (¥, imposed a definitive anti-dumping duty on imports of potassium permanganate originating in the People’s Republic of China. The amount of the duty imposed was equal to either the amount by which " the free-at-Community-frontier-price per kilogram net, before duty, is less than ECU 2,25 or 20 % of that price per kilogram net, free-at- Community frontier, before duty, whichever is the higher. () OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). (® OJ No C 63, 18. 3. 1986, p. 5. () OJ No L 339, 2. 12. 1986, p. 32. () OJ No L 35, 9. 2. 1988, p. 13.° () OJ No C 37, 9. 2. 1988, p. 3. (¥ OJ No L 138, 3. 6. 1988, p. 1. @) ) 3 ©) @ ® ©) Following the publication in December 1992 () of a notice of the impending expiry of the measures in force, the Commission received a request for a review lodged by the European Chemical Industry Council (Cefic), on behalf of producers allegedly representing the totality of the Community produc- tion of potassium permanganate. Subsequently, in a notice published in the Official Journal of the European Communities(®), the Commission announced a review of the anti- dumping measures in force. The Commission notified the exporter and impor- ters known to be concerned, the representatives of the exporting country and the complainant Community producers, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. All complainant Community producers replied to the questionnaire and made their views known in writing. Neither the Chinese Government nor the exporter in the People’s Republic of China nor the related importers known to exist in the Community nor any unrelated importers replied to the question- naire. The Commission sought and verified all informa- tion it deemed necessary for the purpose of a deter- mination. Normal value had to be determined on the basis of domestic prices in an analogous country (see recital 29). Consequently investigations have been carried out at the premises of the following companies : — complainant Community producers : — Chemie AG (Germany), — Industrial Quimica del Naldén (Spain), — reference country : — Carus Chemical Company, Ottawa, Illinois, USA. The investigation of dumping covered the period from 1 July 1992 to 30 June 1993 (the investiga- tion period). () OJ No C 319, 5. 12. 1992, p. 4. () O] No C 248, 11. 9. 1993, p. 9.