COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 38 final 
Brussels, 1 February 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
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 
(presented by the Commission) 
C^x Sfc J 9* 
EXPLANATORY MEMORANDUM 
1) Following the violation of an undertaking given by a 
Czechoslovak I an exporter, the Commission reopened^1) the 
antidumping proceeding, and by Regulation (EEC) No 2535/89^2^ 
withdrew Its acceptance of the undertaking and imposed a 
provisional antidumping duty on Imports of potassium permanganate 
originating In Czechoslovakia. 
2) By Council Regulation (EEC) No 3844/89(3>, the period of 
validity of the provisional duty was extended for a further period 
not exceeding two months. This provisional duty will expire on 23 
February 1990. 
3) After the imposition of the provisional duties, the Commission gave 
the parties directly concerned the opportunity to answer to the 
questionnaires addressed to them, to make known their views in 
writing and to request a hearing. However, replies sent by the 
exporter and Importers, which made themselves known, covered only a 
part of the imports registered in the official Community 
statistics. Therefore, dumping and the resulting injury had to be 
determined on the basis of facts available, and official statistics 
were used to fill the gap shown, in that respect, by Imports 
reported in the replies obtained from the exporter and Importers. 
4) Upon request, the Community producer and the Czechoslovak I an 
exporter were informed of the essential facts and considerations on 
the basis of which it was intended to recommend the imposition of a 
definitive duty, and the definitive collection of the amounts 
secured by way of a provisional duty. Comments made by all the 
parties involved were considered prior to the Commission finalising 
its conclusions. 
5) The Commission found that potassium permanganate produced in the 
Community and that exported from Czechoslovakia are like products 
in ail essential physical and technical characteristics. It also 
verified that there are no such differences between the product 
manufactured in Czechoslovakia and that produced In the United 
States which were chosen as reference country (see point 6 below). 
6) In establishing normal value, the-Commission had to take account of 
the fact that Czechoslovakia Is not a market economy country. For 
this purpose the United States were chosen as reference country and 
normal value was established on the basis of the comparable prices 
actually paid or payable for the like product on the United States 
market. 
7) Export prices were determined, In general, on the basis of the 
prices actually paid or payable for the product sold for export to 
the Community. However, for 24 % of the exports taken Into account, 
export prices were based, for the reasons given in point 3 above, 
on official Community statistics. 
(1) 0J No C 216, 22-8-1989, p. 7 
(2) 0J NO L 245, 22-8-1989, p. 5 
(3ï 0J NO L 374, 22-12-1989, p. 1 
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8) The comparison of normal value to export prices, after taking 
account where appropriate of differences affecting price 
comparability, showed Czechoslovak I an exports were being dumped In 
the Community with a weighted average dumping margin of 19.6 X. 
9) a) As regards the injury, Imports Into the Community of potassium 
permanganate originating in Czechoslovakia, in spite of the 
existing undertaking, rose from 131 tons In 1987 to 384 tons in 
1988, and amount to 166 tons on an extrapolated annual basis 
for 1989. The development of these imports led to a market 
share which also Increased from 3.3 % In 1987 to 11.4 % In 1988 
and reached 6.6 % during the first semester of 1989. The low 
level of prices for the Imports concerned forced the Community 
producer to sell the product in the Community market at prices 
which either did not cover the Community production cost or d!d 
not allow to make a reasonable profit. Import prices not only 
prevented the Community producer of price Increases which 
normally would have occurred, but obliged the Community 
producer to decrease Its prices In an attempt to hold Its sales 
and market share. 
b) As to the Impact of the Imports on the situation of the 
Community producer, it was found that its capacity utilization 
remained, on average, during the last three years, at the very 
low level of 33 %. In addition, stocks cumulated and reached 
1200 tons in June 1989, equivalent to one year sales. Sales by 
Community producer in the Community decreased from 1209 tons In 
1987 to 402 tons on an extrapolated annual basis for 1989. This 
development of sales, compared with that of Community 
consumption, shows a Community producer's market share which 
decreased from 25.9 % In 1987 to 16 % during the first six 
months of 1989. The combined effects on suppression and 
depression of Community prices by Import prices have Increased 
losses Incurred by the Community producer which continues to be 
placed In a precarious financial situation. The continuous 
production shutdowns suffered by the Community producer on its 
potassium permanganate division put at risk the continuity of 
the employment concerned. 
c) In the light of the trends of the relevant economic factors 
referred to above, It appears that the situation of the 
Community producer has been adversely affected. This is 
especially witnessed by a loss of profitability, sales and 
market share. In these circumstances it Is concluded that the 
Community Industry is sufferIng material Injury. -
10) There Is a clear parallei ism and simultaneity between the increase 
in volume of the dumped Imports originating In Czechoslovakia and 
the loss of market share and profitability of the Community 
producer. The price decrease of Imports from Czechoslovakia 
resulting from the violation of the undertaking had an Immediate 
effect on the Community producer as Indicated In point 9.3 above. 
The Increase of the Community market share held by the 
Czechoslovakian Imports also corresponds, to a certain degree, to 
the decrease In the market presence of the Community producer. 
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11) The Commission has considered whether Injury has been caused by 
other factors such as changes In demand, a fall In exports by the 
Community producer to third countries or an Increase In Imports not 
subject to ant I-dumping measures. In this respect, although Injury 
may also have been caused by Imports originating in countries not 
concerned by the proceeding, these imports would only have 
contributed In part to the material Injury found and would not 
affect the Injurious Impact of dumped Imports originating in 
Czechoslovakia. 
In these circumstances, It can be concluded that the dumped Imports 
originating In Czechoslovakia In violation of the undertaking, have 
had a discernible and material Injurious Impact on the Community 
Industry. 
12) Failure to adopt measures to eliminate the injury caused by the 
dumped Imports, would put at risk the Community Industry survival. 
The multiple, and sometimes strategic, uses of potassium 
permanganate makes necessary for the Community to keep the sole 
remaining Community producer. The measures envisaged would have 
negligible effect on prices for users in the Community In respect 
of final products In which potassium permanganate Is Incorporated. 
On this basis, it Is concluded that It is In the Community interest 
that action should be taken to eliminate the injury caused and this 
action should take the form of a definitive antidumping duty. 
13) The Commission determined the amount of the duty necessary to 
eliminate the Injury, to be 25.4 %. However, the elimination of the 
Injury at that level would Imply to exceed the margin of dumping 
found during the Investigation period. Consequently, the Injury can 
only be removed at a level not exceeding such dumping margin of 
19.6 %. Moreover, since the previous undertaking was breached, and 
in order to prevent increased dumping as well as Injury, through 
further decreases in export prices, it Is considered that the 
appropriate form of the duty to be Imposed would be that of a 
variable duty. Therefore, It Is concluded that the injury should be 
removed at the level of the dumping margin found, and that the 
amount of the definitive duty should be the amount by which the 
price, per kilogram net, free-at-Communlty-front1er, not cleared 
through customs, is less than 2.20 ECU. 
14) In view of the findings on dumping and Injury resulting therefrom, 
It Is also considered that the amounts secured by way of 
provisional antidumping duty under Regulation (EEC) No 2535/89, 
should be definitively collected to the extent of the -amount of the 
duty definitively Imposed. Therefore, provisional antidumping 
duties collected or securities received for potassium permanganate 
which are not covered by the definitive antidumping duty, should be 
released. 
Proposal for a 
COUNCIL REGULATION (EEC) 
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 subsidised Imports from countries not 
members of the European Commun!tyC), and In particular Article 12 
thereof, 
Having regard to the proposal submitted by the Commission after 
consultation within the Advisory Committee as provided for under the 
above Régulât Ion, 
Whereas: 
A. PREVIOUS PROCEDURE 
(1) 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 potassium 
permanganate, the Commission published a notice In the Official 
Journal of the European Communities^2) announcing the initiation of 
an ant I-dumping proceeding concerning imports Into the Community of 
potassium permanganate corresponding from 1 January T988 to CN code 
ex 2841 60 00 (TARIC code: 2841 60 00 *10) and originating In 
Czechoslovakia, the German Democratic Republic and the People's 
Republic of China and commenced an investigation. 
(1) 0J No L 209, 2.8.1988, p.1. 
(2) 0J No C 63, 18.3.1986, p.5. 
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(2) Following the Investigation which established the existence of 
dumping and Injury^3*, the Czechoslovak I an 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. 
(3) Under the terms of the undertaking given by the Czechoslovak!an 
exporter, the abovementloned 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^4). 
B. BREACH OF THE UNDERTAKING AND REOPENING 
OF THE PROCEEDING 
(4) The Commission, having received a request from the complainant to 
Investigate non-compliance with the price undertaking, obtained 
evidence showing that potassium permanganate exported by Chemapol 
was again being imported Into the Community market at a very low 
I price, which indicated that the price undertaking was being 
; breached and resulted In material Injury to the Community producer, 
*' and decided^5), having heard the Czechoslovak I an exporter, to 
r 
;; reopen the ant I-dumping proceeding concerning Imports of potassium 
i permanganate originating In Czechoslovakia. 
-• C. PROVISIONAL ACTION 
(5) The Commission, on the basis of the price violation and the Injury 
f resulting therefrom, withdrew Its acceptance of the undertaking 
* given by the Czechoslovak I an exporter and imposed a provisional 
è anti-dumping dutyW on Imports of the product concerned 
originating In Czechoslovakia. That duty was extended for a 
maximum period of two months by Counci I Regulation (EEC) No 384A/89' . * 
(3) Commission Regulation (EEC) No 2495/86, (OJ No L 127, 5.8.1986, 
p.12.). 
(4) Decision 86/589/EEC, (OJ No L 339, 2.12.1986, p. 32). 
(5) OJ No C 216, 22.8.1989, p.7. 
(6) OJ No L 245, 22.8.1989, p.5. 
(7) OJ No L 374, 22.12.1989, p.1. 
y-
D. SUBSEQUENT PROCEDURE 
(6) The Commission officially Informed the exporter and Importers known 
to be concerned, the representatives of the exporting country and 
the Community producer of the reopening of the proceeding, and gave 
the parties concerned the opportunity to answer the questionnaires 
addressed to them, to make known their views In writing and to 
request a hearing. 
(7) The Community producer and the Czechoslovak I an exporter returned the 
duly completed questionnaire to the Commission and made known their 
views in writing. Only four importers sent replies to the 
Commission's questionnaire, while the rest either answered that they 
were not concerned by the proceeding or, In most cases, did not 
reply at all. 
However, replies sent by the exporter and importers, which made 
themselves known, covered only a part of the imports Into the 
Community of potassium permanganate originating in Czechoslovakia 
registered In the official Community statistics. Therefore, dumping 
and the resulting Injury had to be determined on the basis of facts 
available, In accordance with Article 7 (7) (b) of Regulation 
(EEC) N° 2423/88. Thus, official statistics were used to fill the 
gap shown, in that respect, by imports reported In the replies 
obtained from the exporter and Importers. 
(8) Upon request, the Community producer and the Czechoslovak I an 
exporter were informed of the essential facts and considerations on 
the basis of which it was intended to recommend the imposition of a 
definitive duty and the definitive collection of the amounts secured 
by way of a provisional duty. The Czechoslovak I an exporter was also 
granted a period within which representations could be made. 
Comments made by the Community producer and the Czechoslovak I an 
exporter were considered prior to the Commission finalising Its 
conclusions. 
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(9) The Commission sought and verified all information It deemed to be 
necessary for the purposes of a determination and carried out 
Investigations on the premises of the following companies : 
(a) Community producer: 
Industrial Qulmlca del Nalôn S.A., Ovledo, Spain 
(b) Producer In the country of reference: 
Carus Chemical Company, Ottawa, Illinois, USA 
(c) Importers In the Community: 
Hachemie - Hamburger Chemlsche GmbH, Hamburg, Federal 
Republic of Germany 
Grlllo Chemlkallën GmbH, Dulsburg-Hamborn, Federal Republic 
of Germany 
(10) The Commission's Investigation of dumping covered the period from 1 
July 1988 to 30 June 1989. 
E. PRODUCT UNDER CONSIDERATION 
(I) DESCRIPTION OF THE PRODUCT 
(11) The product which Is subject of the investigation Is potassium 
permanganate and, at room temperature, appears as a crystal I ne solid 
of rombic shape with a dark purple metha I lie sheen. It Is a compound 
of manganese, potassium and oxygen whose manufacture requires two 
basic raw materials : pirolusite ore and caustic potash. By a two 
step manufacturing procedure the raw materials are converted by 
oxidation, first to potassium manganate and then to potassium 
permanganate. 
(12) The product is mainly available In three grades : Technical, Free-
Flowing and Pharmaceutical. Technical and Free-Flowing grades are 
interchangeable In all uses. 
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(I I) LIKE PRODUCT 
(13) The Commission found that potassium permanganate produced In the 
Community and that exported from Czechoslovakia are like products In 
all essential physical and technical characteristics. It also 
verified that there are no such differences between the product 
manufactured in Czechoslovakia and that produced in the United 
States which were chosen as reference country (see recitals 15 
and 16). 
(14) The Council concludes that Czechoslovak!an Imports are like products 
to potassium permanganate produced In the Community and the United 
States. 
F. DUMPING 
(15) In establishing the existence of dumped Imports from Czechoslovakia, 
the Commission had to take account of the fact that Czechoslovakia 
Is not a market economy country and therefore had to base Its 
calculations on the normal value of the product in a market economy 
country. For this purpose the complainant had suggested the choice 
of the United States as reference country. Since for the previous 
proceeding the United States had also been chosen as reference 
country, the Commission retained the : mplalnant's suggestion and 
considered that the basis for comparison should once again be the 
selling price of the product on the United States market. The 
Czechoslovak I an exporter did not oppose this choice. 
(16) The Commission verified that in the United States there are no price 
controls and there Is sufficient competition as a'result of the 
presence of substantial imports from third countries; In addition, 
it was verified that prices charged by the US manufacturer on its 
domestic market are In a reasonable proportion to production costs 
and allow a profit margin. Therefore» the Council confirms the 
Commission's choice concerning the basis for determining the normal 
value. 3 
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(17) Normal value was established on the basis of the comparable prices 
actually paid of payable In the ordinary course of trade for the 
like product on the United States market. 
(18) Sales in the American market considered for calculation of normal 
value were made to independent customers, at a comparable level of 
trade to export sales, at a profit and in substantial quantities. 
The weighted average of the prices of these sales were therefore 
considered to be representative of those on the American domestic 
market. 
(19) Export prices were determined, In general, on the basis of the 
prices actually paid or payable for the product sold for export to 
the Community. However, for 24% of the exports taken into account, 
export prices were based, for the reasons given In recital (7) 
above, on official Community statistics duly adjusted. 
(20) In comparing normal value with export prices the Commission took 
account, where circumstances permitted and where there was 
sufficient evidence, of differences affecting price comparability, 
in particular differences In quantities, delivery, payment terms and 
other selling expenses. All comparisons were effectively made at 
ex-works level. 
(21) These comparisons show the existence of dumped exports to the 
Community during the Investigation period. The margins of dumping, 
calculated C.I.F. at Community frontier, before customs duty, based 
on cash payment terms, vary according to the export transaction and 
the importing Member State, and have a weighted average of 19.6 %. 
The Council confirms this definitive dumping margin. 
G. INJURY 
(22) The evidence available to the Commission shows that imports Into the 
Community of potassium permanganate originating in Czechoslovakia, 
In spite of the existing undertaking, rose from 131 tons In 1987 to 
384 tons In 1988, and amount to 166 tons on an extrapolated annual 
basis for 1989. Consequently, the exporting country's share of the 
Community market Increased from 3.3% In 1987 to 11.4% in 1988 and 
reached 6.6% during the first semester of 1989. These Imports were 
concentrated on the markets of the Federal Republic of Germany and 
France, which alone account for 94% of the volume of Imports from 
Czechoslovakia into the Community since 1987. 
(23) Regarding prices of the Imports concerned, their low level forced 
the Community producer to sell the product In the Community market 
at prices which either did not cover on average the Community 
producer cost of production, In Community countries on which the 
imports concerned were present, or did not allow In other Community 
countries to make a reasonable profit. Import prices not only 
prevented the Community producer of price Increases which normally 
would have ocurred, but obliged the Community producer to decrease 
its prices In an attempt to hold Its sales and market share. 
(24) As far as the impact of the Imports on the situation of the 
Community producer Is concerned, account had to be taken of the 
fol lowing factors: 
(a) The material Injury suffered by the Community producer as a 
result of Imports originating In Czechoslovakia up to the end of 
1986, was initially alleviated by the price undertaking given by 
the Czechoslovak I an exporter at that time. 
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However, afterwards, potassium permanganate originating in that 
country was released for free circulation In the Community at 
prices clearly breaching the price agreed. Therefore, the 
relief of the Community Industry did not last. Capacity 
utilization of the Community producer has remained, on average, 
during the last three years at the very low level of 33%. In 
addition, stocks cumulated and reached 1.200 tons in June 1989 
equivalent to one year sales. 
(b) Sales by the Community producer of potassium permanganate In the 
Community decreased from 1209 tons In 1987 to 713 tons In 1988 
and to 402 tons on an extrapolated annual basis for 1989. This 
pattern of sales, compared with that of Community 
consumption, shows a market share held by the Community producer 
which decreased from 25.9 % In 1987 to 21.2 % in 1988 and to 16% 
during the first six months of 1989. 
(c) The combined effects of suppression and depression of Community 
prices by Import prices have Increased losses Incurred by 
Community producer which continues to be placed In a precarious 
financial situation. 
(d) Despite the continuous production shutdowns suffered by the 
potassium permanganate division of the Community producer, 
employment for the 33 people working in that division has, until 
now, been maintained through transferring these employees to other 
divisions of the company during the production shutdowns. 
However, should the degenerating financial situation of the 
potassium permanganate operation continue and not be rapidly 
Improved, It would put at risk the continuity of employment 
for t hose peop I e. 
(25) In the light of the trends of the relevant economic factors referred 
to above, It appears that the situation of the Community producer 
has been adversely affected. This Is especially witnessed by a loss 
of profitability, sales and market share. In these circumstances, It 
is concluded that the Community Industry is suffering material 
injury. The Council confirms this conclusion. 
(26) As far as the dumped Imports originating in Czechoslovakia are 
concerned, there Is a clear parallelism and simultaneity between the 
increase in their volume and the loss of market share and 
profitability of the Community producer. Since potassium 
permanganate is a price-sensitive product, the price decrease of the 
Czechoslovak I an Imports resulting from the violation of the 
undertaking had an Immediate effect on the Community producer as 
shown In recital 23 above. The Increase of the Community market 
share held by Imports originating In Czechoslovakia also 
corresponds, to a certain degree, to the decrease in the market 
presence of the Community producer. 
(27) The Commission has considered whether injury has been caused by 
other factors such as changes In demand, a fall in exports by the 
Community producer to third countries or an increase In imports not 
subject to anti-dumping measures. 
Consumption of potassium pemanganate In the Community, decreased by 
nearly 40% when comparing consumption during the first semester of 
1989, extrapolated at an annual basis, to that in 1987. However, 
this development In consumption could explain the decrease In sales 
of the Community producer but not the reduction of Its market share. 
Thus, In that period, while Imports from Czechoslovakia Increased by 
almost 27%, sales of the Community producer In the Community market 
decreased distinctly faster than Community consumption, and 
consequently its market share and profitability In the Community 
respectively decreased by 38% and 50%. 
Exports by the Community producer to third country markets, in 
particular to the United States, has remained stable, In volume and 
value, since 1987, and, therefore, could not explain the Community 
producer's loss of profitability. 
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Regarding imports not subject to either ant I-dumping measures o 
investigations, since 1987, they have Increased faster than the 
Community consumption and reached a market share of 54% on the 
Community market during the first semester of 1989. More than 90% of 
this market share Is held by Imports from the United States, Taiwan 
and Hong-Kong. As regards Imports from the United States they have 
been made at prices far higher than those for the Czechoslovak I an 
product and there is no evidence of dumping. 
Concerning Imports from Taiwan and Hong-Kong, they have been 
excluded from the present proceeding pending the outcome of the 
Commission investigation, already In progress, concerning the origin 
of these Imports. There are Indications, as potassium permanganate 
Is not likely to be produced In these countries, that these Imports 
may originate In countries for which ant I-dumping measures are In 
force. 
Given the above, Injury may also have been caused by Imports 
originating In countries not concerned by the proceeding. However, 
these Imports would only have contributed In part to the material 
Injury found and would not affect the injurious Impact of dumped 
imports originating In Czechoslovakia (see recital 26). 
In these circumstances, It can be concluded that the dumped imports 
originating in Czechoslovakia in violation of the undertaking, have 
had a discernible and material Injurious impact on the Community 
Industry. The Council confirms this conclusion. 
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H. COMMUNITY INTEREST 
(28) On the basis of the serious difficulties facing the Community 
producer concerned, failure to adopt measures to eliminate the 
Injurious effects of the dumped Imports originating In 
Czechoslovakia, would put at risk the Industry's survival, with the 
resulting adverse consequences on employment. In addition, the 
multiple uses of potassium permanganate In environmental, 
agricultural and other, sometimes strategic fields, makes necessary 
for the Community to keep the sole remaining Community producer. 
Moreover, the measures envisaged would have a negligible effect on 
prices for users in the Community in respect of final products In 
which potassium permanganate Is incorporated. 
(29) The Czechoslovak!an exporter, having been informed of the essential 
facts and considerations on the basis of which It was Intended to 
recommend the imposition of a definitive duty, offered to keep in 
force the previous undertaking. However, given the breach of the 
undertaking, its renewal would not afford the Community producer 
sufficient and reliable protection and would discriminate against 
exporters of the product concerned In other third countries honoring 
the undertakings given to the Commission. 
Therefore, the Council has come to the conclusion that It Is in the 
Community's interest that action should be taken to eliminate the 
injury caused to the Community Industry directly concerned, and this 
action should take the form of a definitive ant I-dumping duty. A 
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I. RATE OF THE DUTY 
(30) Having taken Into account, on the one hand, the ex-factory selling 
price necessary to provide an adequate profit to the Community 
producer and, on the other hand, the CIF at-Community-frontier 
price, before customs duty, for the Imports concerned, the 
Commission determined the amount of the duty necessary to eliminate 
the Injury to be 25.4%. However, the elimination of the Injury 
through an increase of Import prices up to the level of such Injury 
threshold would Imply exceeding the margin of dumping found during 
the Investigation period. Consequently, the Injury can only be 
removed at a level not exceeding the dumping margin of 19.6% (see 
recital 21). Moreover, since the previous undertaking was breached 
and In order to prevent Increased dumping as well as injury, through 
further decreases In export prices It is considered that the 
appropriate form of the duty to be imposed would be that of a 
variable duty. Therefore, the Council concludes that the Injury 
shall be removed at the level of the dumping margin found and that 
the amount of the definitive duty shall be the amount by which the 
price , per kilogram net, free-at-Communlty-front1er, not cleared 
through customs, Is less than 2.20 ecus. 
J. COLLECTION OF THE PROVISIONAL DUTY 
(31) For the reasons set out in recitals (15) to (27) above, the Council 
also considers that the amounts secured by way of provisional anti­
dumping duty under Regulation (EEC) No 2535/89should be definitively 
collected to the extent of the amount of the duty definitively 
Imposed. Therefore, provisional ant I-dumping duties collected or 
securities received for potassium permanganate which are not covered 
by the definitive anti-dumping duty should be released. 
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i-'AS ADOPTED THIS REGULATION : 
ARTICLE 1 
1. A definitive anti-dumping duty is hereby Imposed on Imports of 
potassium permanganate falling within CN Code ex 2841 60 00, 
originating In Czechoslovakia. 
2. The amount of the duty shall be equal to the amount by which the 
price, per kilogram net, free-at-Community-front1er, not cleared 
through customs, is less than 2.20 ecus. 
The said free-at-Community-front 1er price, not cleared through 
customs, shall be net if the actual terms and conditions of sales 
provide that payment shall be made within 30 days of the date of 
dispatch; it shall be lowered by 1% for each month by which payment 
is actually deferred. 
3. The provisions In force concerning customs duties shall apply. 
ARTICLE 2 
The amounts secured by way of provisional anti-dumping duty under 
Regulation (EEC) No 2535/89 shall be collected to the extent of the 
amount of the duty definitively Imposed. 
The amounts collected or secured which are not covered by the definitive 
duty shall be released. M 
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ARTICLE 3 
This Regulation shall enter Into force on the day following that of Its 
publication In the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels For the Council 
ISSN 0254-1475 
COM(90) 38 final 
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