Notice concerning the anti-dumping measures in force on imports of potassium permanganate originating in the People's Republic of China
Date: 2005-05-05
Institutions: European Commission
Subjects: China, anti-dumping legislation, chemical product, import, originating product, potassium

5.5.2005

EN

Official Journal of the European Union

C 110/13

Notice concerning the anti-dumping measures in force on imports of potassium permanganate
originating in the People's Republic of China

(2005/C 110/04)

The Commission published in August 2004 a Notice (1) (‘the
informing interested parties of developments which
Notice’)
had occurred to the Community industry of potassium perman-
ganate. Following such publication, these developments have
been examined and the following conclusions have been
reached.

The Commission received replies from the following interested
parties:

Community producers:

— Carus Nalόn S.L., Oviedo, Spain,

A. PROCEDURE

— Spolek pro chemickou a hutní výrobu a.s., Ústí nad Labem,

Czech Republic;

1. Product concerned and existing measures

The product concerned is potassium permanganate (with
chemical formula KMnO4) originating in the People's Republic
of China (‘the PRC’), normally declared within CN code
2841 61 00. This CN code is given only for information.

Exporting producer:

— Universal Chemicals & Industries Pvt. Ltd, Mumbai, India;

The measures in force are a definitive anti-dumping duty
imposed by Council Regulation (EC) No 299/2001 (2).

Importers:

2. Scope of the Notice

— DECA-CHIMIE S.A., Lyon, France.

— Przedsiebiorstwo Przemyslowo Handlowe ‘STANDARD’ Sp.

z o.o., Lublin, Poland,

interested parties to comment on the
The Notice invited all
alleged changes to the Community industry, in particular the
close down of the sole producer of potassium permanganate
and the possible existence of at least one other producer of
potassium permanganate within the new Member States of the
Community.

The Commission sent a copy of the Notice to the authorities of
the PRC, the producers/exporters in the PRC, the importers in
the Community and the association of Community producers
known in order to allow them to comment and to provide
information for the examination of the abovementioned devel-
opments.

4. Examination period

The examination of the developments covered the period from
1 July 2003 to 30 June 2004 (‘the EP’). Data from 2001 up to
the end of the EP were collected to examine whether the Com-
munity industry of potassium permanganate existed or not.

B. FINDINGS

1. Production in Spain

3. Questionnaires

Questionnaires were sent to two known producers in the Com-
munity. Other interested parties were invited to make them-
selves known and to provide the Commission with information
regarding the existence of a Community industry together with
supporting evidence within the prescribed time limits. All
parties were informed that non-cooperation might lead to the
application of Article 18 of the basic Regulation and to findings
being made on the basis of the facts available.

(1) OJ C 209, 19.8.2004, p. 2.
(2) OJ L 44, 15.2.2001, p. 4. Regulation as last amended by Council

Regulation (EC) No 152/2003 (OJ L 25, 30.1.2003, p. 21).

Carus Nalόn S.L (‘Carus’), a Spanish producer of potassium
permanganate, the sole producer of potassium permanganate
when the measures currently in force were imposed, coop-
erated in this investigation. This company was purchased in
August 2000 from Industrial Química del Nalón by Carus
Chemical Company, a US company also manufacturing potas-
sium permanganate. Carus has informed the Commission that
its production in Spain has been temporarily suspended and
that the company has the intention to resume production.
However, Carus did not specify when exactly this resumption
would take place. It stated that such resumption would require
a 6 months preparation period. The company claimed that it
should be considered as a Community producer. In order to
prove its commitment
it
submitted information on overhead costs incurred in the main-
tenance of the potassium permanganate production facilities.

to resume production shortly,

C 110/14

EN

Official Journal of the European Union

5.5.2005

It is considered that the fact that the company has continued to
incur some overhead costs during the EP may indicate that it
wanted to keep the production facilities in order to allow for
the production, should this be
the possible resumption of
decided in the future. However, in the absence of any produc-
tion during the EP it must be concluded that the company
cannot be considered as a Community producer.

2. Production in the Czech Republic

The only other known producer of potassium permanganate in
the Community is Spolek pro chemickou a hutní výrobu a.s.
(‘Spolchemie’). This company produced a significant volume of
potassium permanganate during the EP (1), representing 100 %
of the Community production. It was found that the produc-
tion volume of Spolchemie during the EP was higher than the
Community production during the period of
investigation
which led to the imposition of the existing measures in 2001.
In addition, such production volume during the EP was higher
than the Community production which existed in the calendar
year 2002, which was the most recent period before the EP
when Carus still manufactured potassium permanganate.

3. Comments of other interested parties

A cooperating Indian producer and two cooperating importers
provided additional information on the situation on the Com-
munity market. The two importers expressed concerns that the
measures currently in force may also protect the USA producer
of potassium permanganate who purchased the Spanish
production facilities and subsequently suspended production in
Spain. However,
they did not provide any factual element
which would indicate that Spolchemie should not be consid-
ered as a Community producer.

C. CONCLUSIONS

On the basis of the above,
it is concluded that Spolchemie
should be considered as the sole Community producer. This
company has expressed its support
the anti-dumping
measures in force. It can therefore be deemed to constitute the
Community industry.

for

On the basis of the above, Spolchemie is considered to be the
sole remaining producer of potassium permanganate in the
Community.

Consequently, it can be concluded that a Community industry
still exists and that
there is no reason why the measures
currently in force should be repealed.

(1) The real figure is not given for the confidentiality reason.