CELEX: 51994PC0424
Language: en
Date: 1994-10-19
Title: Proposal for a COUNCIL REGULATION (EC) imposing a definitive anti-dumping duty on imports of potassium permanganate originating in the People' s Republic of China

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(94) 424 final
                                                          Brussels, 19.10.1994
                                        Proposal for a
                              COUNCIL REGULATION (EC)
imposing a definitive anti-dumping duty on imports of potassium permanganate originating
                             in the People's Republic of China
                               (presented by the Commission)
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   1.   The Commission, by Decision 86/589/EEC of 26 November 1986, accepted inter alia an
        undertaking concerning imports of potassium permanganate originating in the
        People's Republic of China, offered by the only exporter in the People's Republic
        of China.
   2.   After failure of the exporter in the People's Republic of China to comply with the
        undertaking, the Commission, by Regulation (EEC) No 360/88 of 4 February 1988,
        withdrew its acceptance of the undertaking and imposed a provisional anti-dumping duty
        on imports of potassium permanganate originating in the People's Republic of China.
        The Council, by Regulation (EEC) No 1531/88 of 31 May 1988, imposed a definitive
        anti-dumping duty on imports of potassium permanganate originating in the
        People's Republic of China.
   3.   Upon request for a review of this measure under Article 15 of the basic Regulation(1),
        lodged by the European Chemical Industry Council (CEFIC), the Commission, by Notice
        of 11 September 1993, initiated an anti-dumping review concerning imports of potassium
        permanganate originating in the People's Republic of China.
   4.   The review investigation revealed that, notwithstanding the measures in force, imports
        of potassium permanganate originating in the People's Republic of China were dumped
        and were continuing to cause injury to the Community industry.
   5.   In the light of the investigation findings, it is considered in the interest of the
        Community to take measures in the form of an anti-dumping duty. The amount of the
        duty proposed is ECU 1.26 per kilogram.
   6.   The Commission informed interested parties of the essential facts and considerations on
        the basis of which it is intended to propose the imposition of a definitive anti-
        dumping duty.
   7.    The Commission, in accordance with Articles 12, 14 and 15 of the basic Regulation and
         after consultation of the Advisory Committee, is now proposing to impose a definitive
         anti-dumping duty on imports of potassium permanganate originating in the
         People's Republic of China.
.1  (i)
         Regulation (EEC) No 2423/88 of 11 July 1988.
                                                  2
 ---pagebreak---                                            Proposal for a
                                  COUNCIL REGULATION (EC)
 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(1), as last amended by Regulation (EC) No 522/94(2), 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 Commission, by
          Decision 86/589/EEC(4), 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 Republic 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(5) and
          decided(6) to reopen the anti-dumping investigation concerning imports of potassium
          permanganate originating in the People's Republic of China. The Council, by
          Regulation (EEC) No 1531/88(7), imposed a definitive anti-dumping duty on imports
(i)   OJNoL209, 2.8.1988, p. 2.
(2)
      OJ N0L66, 10.3.1994, p. 10
(3)
      O J N o C 6 3 , 18.3.1986, p. 5.
(4)
      OJ No L 339, 2.12.1986, p. 32.
(5)
      OJNoL 35, 9.2.1988, p. 13.
(6)
      OJNoC37, 9.2.1988, p. 3.
(7)
      OJ NoL 138, 3.6.1988, p. 1.
 ---pagebreak---        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
(3)    Following the publication in December 1992<8) 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 production of potassium permanganate.
(4)    Subsequently, in a notice published in the Official Journal of the European
       Communities(9), the Commission announced a review of the anti-dumping measures
       in force.
(5)    The Commission notified the exporter and importers 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.
(6)     All complainant Community producers replied to the questionnaire and made their
       views known in writing.
(7)     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 questionnaire.
 (8)    The Commission sought and verified all information it deemed necessary for the
        purpose of a determination. Normal value had to be determined on the basis of
        domestic prises in an analogue 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 Nalôn (Spain);
              reference country:
                   Carus Chemical Company, Ottawa, Illinois, USA.
  (9)    The investigation of dumping covered the period from 1 July 1992 to 30 June 1993
         (the investigation period).
      OJNoC319, 5.12.1992, p. 4.
  (9)
      OJNoC 248, 11.9.1993, p. 9.
 ---pagebreak---            B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
 (10)    The product covered by the complaint and for which the review investigation was
         initiated is potassium permanganate falling within CN code 2841 60 10 (before 1992
         the CN code was ex 2841 60 00). It is identical to the product which was subject of
         the previous investigation and for which the definitive duty was imposed.
 (11)    Potassium permanganate is a strong oxidizing agent and is used for potable water
         treatment, waste water treatment, ehemical manufacture and processing, aqua-culture,
         metal refining and metal surface cleaning, disinfectant in agriculture and veterinary
         practices, flue gas purification, process gas deodorization, bleaching and special
         treatment in textile industry, odour abatement, radioactive decontamination, gas
         turbine engine cleaning, manufacture of printed circuit boards and submarine air
         purification.
         The product can be manufactured in three grades, technical, free flowing and
         pharmaceutical. All grades are obtained from the same production process, show the
         same chemical properties and are interchangeable in all uses. The material is assigned
         to the specific grade according to demand and after having performed the different
         analysis needed.
 (12)    The investigation showed that the product produced and sold by the Community
         producers on the Community market is identical in its chemical characteristics to the
         potassium permanganate imported from the People's Republic of China. It is therefore
         considered as being a like product within the meaning of Article 2(12) of Regulation
         (EEC) No 2423/88 (hereinafter referred to as "the basic Regulation").
                               C. COMMUNITY INDUSTRY
(13)     Until 1990, there was only one Community producer. The other producer, the
         producer located in the former German Democratic Republic, became part of the
         Community industry in the course of the German unification.
         For the German producer, unification implied fundamental institutional changes
         towards a market economy. From the beginning of the economic, monetary and
         social union on 1 July 1990, it had to adapt to market conditions. It was part of the
         former combine "VEB Chemiekombinat Bitterfeld" and is now offered for
         privatization by the "Treuhandanstalt", the German State holding company.
         On a Community level, during the period preceding formal unification (1 July 1990
         until 2 October 1990), rules governing trade with the former German Democratic
         Republic were geared towards free access of Community products to the former
         German Democratic Republic and towards equivalent access to the Community
         for products of the latter (Council Regulation (EEC) No 1794/900<)). By
         Commission Regulation No 1795/90(11) the former German Democratic Republic was
(10)
      OJ NoL 166, 29.6.1990, p. 1.
(11)
      OJ No L 166, 29.6.1990, p. 3.
 ---pagebreak---        regarded, for implementation purposes, as forming a part of the Community. With
       formal unification on 3 October 1990, the former German Democratic Republic
       became part of the Community.
       Consequently since 1 July 1990, all German producers form a part of the Community
       industry. The complainant producers manufacture the total Community output of
       potassium permanganate. Therefore, they comprise the Community industry within
       the meaning of Article 4(5) of the basic Regulation.
            D. PRESENT SITUATION IN THE COMMUNITY MARKET
(14)   In order to establish whether the expiry of the measures in force would lead again
       to injury or threat of injury, it was first necessary to examine the present economic
       situation of the Community industry.
       Production
(15)   The total Community production of potassium permanganate decreased by 74 % from
        1989 to the investigation period. This figure is influenced by the adjustment of the
       German producer to market conditions, which took place to a large part in just one
       year (1990 to 1991). However, comparing 1991 and the investigation period,
       production of the Community industry fell by 52%.
       Production capacity and utilization rate
(16)   The capacity remained stable at 7 500 metric tonnes (MT) per year. The utilization
       rate dropped from 75.8% in 1989 to 33.9% in the investigation period.
        Sales
(17)    Sales of the Community industry on the Community market declined from 1989 to
        the investigation period by nearly 50%. This rate is higher than the drop in
        consumption of 36% during this period.
        Stocks
 (18)    Stocks decreased from 1 132 MT (1989) to 785 MT (investigation period), passing
        a peak in 1991 with 1 349 MT. This decrease was caused by sales made from stocks,
         meanwhile the Community industry stopped producing for certain periods, in 1992
        and in the investigation period.
         Employment
 ( 19)   Thus the reduction of the stocks was at the expense of employment, which decreased
         by 37.3% from 1989 to the investigation period. The transitional situation in the
         eastern part of Germany accounted for 70% of this decrease. However, these figures
         do not include temporarily lay-offs and short-time working, which had to be
         introduced to bridge stand-still periods in the factories.
 ---pagebreak---      Community consumption and market share held by the Community industry
(20) The apparent consumption in the Community market, based on imports and sales
     volume of the Community industry decreased from 4 459 MT in 1989 to 2 641 MT
     in the investigation period, a drop of 41%. However, the statistical data 1989 to 1991
     include "other Manganates", which account for 14% of the imports recorded under
     CN code ex 2841 60 00. These adjusted import figures for the years 1989-1991 result
     in an adjustment to the drop in consumption to 36%.
     The reduction in sales of the Community industry (see recital 17) was higher than
     the shrinking of the market and therefore resulted in a loss of its market share of
     7.8 percentage points.
     Price trends
(21) Net sales prices showed an increase on average by 6.8 % from 1990 to the
     investigation period. However, this figure is influenced by the special and singular
     developments in the course of the German unification (see recital 13). Since then the
     German producer has had to adjust to market economy conditions and increased its
     prices by more than 12% from a much lower base than on the Community market
     until, in the investigation period, prices of the Community industry worked out on
     the same level. By contrast, the other Community producer, which was not affected
     by such influences, showed a steady fall in prices from 1990 to the investigation
     period of 13%. Therefore it can be concluded that, overall in the Community, market
     prices have been depressed.
     Profitability
(22) Due to the special situation of the German producer (see recital 13) no average
     profit/loss margin is available for 1989. The average loss margin for the Community
     producers was 1.8% in 1990. This loss margin reached 15.1% in the investigation
     period. The Community producers were not able to regain profitability since sales
     were made at a loss from 1990 to the investigation period.
     Investments
(23) For more than five years, only small amounts have been invested by the Community
     industry in replacements and minor upgrades of single parts of the factories. Due to
     the stand-still periods (see recital 18), wear and tear of the production facilities was
     less than under normal production conditions. More significant amounts invested by
     Chemie AG, the producer in the eastern part of Germany, in the investigation period
     were necessary to increase productivity. To prepare for privatization, the former
     combine was split up and restructured, which led to the separation of formerly
     integrated chemical processes. Investments were aimed at substituting these lost
     internal links. However, this brought no gains in productivity or efficiency.
 ---pagebreak---      Conclusion
(24) It was accordingly concluded that, in spite of the measures in force, the Community
     industry continued to show clear signs of economic difficulties. The Community
     industry experienced a considerable drop of sales in terms of both volume and market
     share. These developments combined with continued sales at losses and price
     depression heavily affected production and employment figures.
           E. THE BEHAVIOUR OF THE EXPORTERS CONCERNED
(25) It was also necessary to examine the behaviour of the exporters concerned. However,
     the lack of cooperation from the Chinese government, the Chinese exporter and all
     known importers (recital 7) made any accurate assessment difficult.
     Volume and market share of imports from the People's Republic of China
(26) Imports from the People's Republic of China increased from 433 MT in 1989 to
     448 MT in the investigation period. That is in contrast to the development of
     consumption (recital 20) which decreased significantly.
     In terms of market share Chinese imports rose from 9.7% in 1989 to 16.9% in the
     investigation period.
     However, the real market share was almost certainly higher. The statistics recorded
     imports from non-member countries which have no or very small production of the
      like product. For example, imports from North Korea have been recorded, while
     apparently no production exists in that country. Similarly, most of the imports
      statistically registered to originate in India must have a different origin since the three
     plants known to exist in India have a very small capacity of less than 40 tonnes a
     year each, which is just 26% of the Indian import volume according to Eurostat. In
     addition, a customs investigation in 1991 proved that potassium permanganate was
     fraudulently declared to originate in Hong Kong or Taiwan, although it was
     established that no production existed in these countries. The results of this
     investigation are not reflected in Eurostat statistics.
     Consequently, if the imports from India, North Korea and Taiwan suspected of
     having a different origin were to be attributed to the People's Republic of China, its
     market share in the Community would approach 40%.
      Sales prices
(27)  It was investigated whether the exporting producer was undercutting the prices of the
      Community producers during the investigation period. Based on Eurostat data, CIF
      prices for Chinese product were undercutting the prices of the Community producers
      during the investigation period by 11.5%.
 ---pagebreak---      The findings of the investigation confirmed that Eurostat prices for imports of
     potassium permanganate from China into the Community are not in line with actual
     prices quoted for Chinese material. Indeed the complainants submitted evidence that,
     during the investigation period, real prices for the Chinese product were much lower
     than reported in Eurostat. In support of this, they attached to the complaint quotations
     for Chinese product at an average CIF price significantly below the Eurostat figures.
     In addition, the attribution of imports of the like product of suspected Chinese origin
     actually recorded to originate from other non-member countries (see recital 26)
     already results in a lower price level for Chinese product, since average prices for
     imports from India (ECU 1.4 per kg), Thailand (ECU 1.3 per kg) and Hong Kong
     (ECU 1.1 per kg) are significantly below the prices reported for imports from China
     in Eurostat.
     Thus, it was concluded that Eurostat figures were not an appropriate basis for a
     calculation of price undercutting in the present case and that actual undercutting must
     have been higher than appeared from the statistical figures.
     Conclusion
(28) Chinese imports increased their market share and price undercutting continued despite
     the anti-dumping duty in force. It was therefore considered necessary to examine
     whether dumping was occurring which contributed to the deteriorated situation of the
     Community industry described above and whether the expiry of the anti-dumping
     duty would lead again to a recurrence of dumping and injury.
                          F. RECURRENCE OF DUMPING
I.   Reference country
(29) The People's Republic of China is a non-market economy country. Therefore normal
     value had to be based on data obtained in a market economy country, in accordance
     with Article 2(5) of the basic Regulation. The complainants suggested the USA for
     this purpose.
     The Commission considered that the US product is alike in all respects to potassium
     permanganate manufactured in China. Furthermore, the USA is the biggest market
     world-wide. Since potassium permanganate is a homogenous product, imports to the
     US, which accounted for about 25-30% market share in the investigation period,
     backed by substantial capacities in the exporting countries ensured that price levels
     were in reasonable proportion to production costs. Furthermore, potassium
     permanganate competes for numerous applications with other oxidizing agents such
     as ozone and pure oxygen, which tends to have a reducing effect on prices of
     potassium permanganate.
     In addition, the USA was already chosen as the analogue country in the initial case.
     Finally, production in other countries is not operational (Brazil) or has not yet started
     (Japan), has only a minor size (India), is near to closure (Czechoslovakia) or is
     situated in non-market economy countries (Russian Federation and Ukraine).
     Consequently, the USA remained the sole appropriate and reasonable choice.
 ---pagebreak--- II.  Normal value
(30) Normal value was determined on the basis of prices in the ordinary course of trade
     at which the potassium permanganate was actually sold for consumption on the US
     market.
     No distinction was made between sales to distributors and sales to end users since
     there was no differentiation in terms of prices. Therefore normal value was
     determined on the basis of the weighted-average sales in the investigation period
III. Export price
(31) In view of the non-cooperation of the Chinese producer/exporter and of the related
     importers known to exist in the Community, the facts available had to be used in
     accordance with Article 7(7)(b) of the basic Regulation.
(32) It was examined whether Eurostat figures could be considered as a basis for
     establishing export price.
     For the forecast needed for the determination of recurrence of dumping, Eurostat
     figures could not be taken into account. They were influenced by the change of tariff
     headings and the attribution of imports to non-member countries with no or a very
     small production as set out in recital 27. Thus, prices which would be applied for
     Chinese exports to the Community if the duty were allowed to expire could not be
     deducted from this source.
     The price information supplied by the complainants was considered for the
     determination of the export price. The quotations were considered reliable. The same
     price level appears to be applied for Chinese exports to Morocco. Prices for exports
     of Chinese product to the United States are higher since they are most likely
     influenced by the anti-dumping duty of 128,9 % imposed in 1991 on imports of
     Chinese product into the United States.
(33) The price information is confirmed by additional quotations and information on the
     price at which Chinese potassium permanganate was actually sold. This information
     had been requested and received from the complainants. It shows that the quotes
     initially supplied were not exceptional but part of a consistent pricing policy. The
      exporter/producer in China was aware of the price level which was alleged in the
     complaint and had the opportunity to make comments on it.
 IV.  Comparison
(34)  Normal value has been compared to the export prices of Chinese potassium
     permanganate at ex-works level. For the People's Republic of China, ex-works was
     taken as ex-national border in accordance with normal practice for non-market
     economy countries.
                                           10
 ---pagebreak---      For the purpose of ensuring a fair comparison, normal value has been adjusted in
     accordance with Article 2(9)(a) of the basic Regulation. Deductions were made for
     freight costs, packing and salesmen's salaries. Similarly, the export price has been
     adjusted deducting estimated amounts for ocean freight and insurance.
V.   Dumping margin
(35) The comparison resulted in a dumping margin of ECU 1.26 per kilogram.
                          G. RECURRENCE OF INJURY
(36) In the light of the above and in order to assess the likely effect of the expiry of the
     measures in force, the following was considered:
(37) Product from the People's Republic of China was found to be sold to the Community
     at prices which significantly undercut those of the Community industry thereby
     gaining an increased market share.
I.   Effect of dumped imports
(38) A clear correlation was found between the evolution of the Community industry
     market share and the Chinese import market share according to statistical figures In
     fact while the former lost 7.8 percentage points, the latter gained at least 7 percentage
     points between 1989 and the investigation period, despite the existence of anti-
     dumping measures. It is evident that these imports which were found to have been
     dumped have continued to injure the Community industry and it can therefore be
     expected that the expiry of measures will only lead to a further deterioration of an
     already weakened Community industry.
(39) In addition, market access in the US is now more difficult for the Chinese
     exporter/producer due to higher anti-dumping measures taken in 1991 by the
     US authorities (from 39.0% to 128.9%). This will inevitably increase the pressure on
     the Community market should the measures currently in force expire whereby the
     Chinese exporter/producer has the capacity (approximately 5 000 - 6 000 MT/year)
     to meet the entire demand in the Community.
II.  Effect of other factors
(40) Apparent consumption of potassium permanganate in the Community fell by 36%.
     The Community industry would have been in a better position to adapt to this
     decrease in demand if it had not continued to be affected by unfair trading practices,
     which should have been the case since anti-dumping measures were in force. Instead,
     the Community industry lost market share since imports of the like product
     originating from the People's Republic of China at low prices continued, thus not
     allowing the intended relief.
                                           II
 ---pagebreak---         Imports from non-member countries other than the People's Republic of China fell
        in terms of volume from 1 664 MT (1989) to 1 023 MT (investigation period). The
        market share represented by these imports during the period considered remained
        relatively stable, increasing only slightly to 38.7%. However, the import volumes
        from India, I long Kong and Taiwan accounting for more than 23% market share are
        to a large part most likely attributable to the People's Republic of China (recital 26).
        Imports from the US represent 15% of the market, but at a price level considerably
        above those of Asian imports. Therefore imports, other than Chinese, had, if any, a
        limited influence on market conditions for potassium permanganate. Under these
        conditions, it was considered that only a very limited part of imports other than
        Chinese imports could have contributed to the difficult state of the Community
        industry while the Chinese imports taken in isolation have clearly been a cause of
        this difficult state.
*~ III. Conclusion
   (41) In the light of the new dumping and injury findings, it was concluded that the expiry
        of the measures currently in force would lead to recurrence and even aggravation of
        injury caused by dumping and that the nature of these measures has to be
        reconsidered in order to take account of the new dumping and injury findings.
                               H. COMMUNITY INTEREST
   (42) The purpose of anti-dumping measures is, in general, to eliminate distortion of
        competition arising from dumping practices and thus re-establish open and effective
        competition on the Community market. In considering the Community interest,
        account has been taken of the position of the Community potassium permanganate
        industry and of the users of potassium permanganate. In this respect it is also recalled
        that in the previous investigation, the adoption of measures was considered to be in
        the interest of the Community.
   (43) The Community industry will have to cease production of potassium permanganate
        if it cannot quickly regain market share and profitability. This will not be possible
        under the current price pressure and this will be increased should the measures be
        removed.
   (44)  The Community industry was prevented from regaining profitability during the past
        period of anti-dumping measures because of ongoing dumping. In 1986 and 1987 a
        breach of the undertaking led to the imposition of the definitive duties
        (Regulation (EEC) No 1531/88) and up to 1991, circumvention of the anti-dumping
         measures eroded their intended effect and left no breathing space to the Community
        producers which they required to develop new markets and to make the investment
         needed for necessary productivity gains. The Community industry would be deprived
         of its efforts already undertaken to develop these markets and would not be in a
        position to make the possible future productivity improvements involving significant
        investment if the measures currently in force were to be removed and no action taken
         in order to remove the further injury caused by dumping established during the
         investigation.
                                                12
 ---pagebreak--- (45)  As far as the users of potassium permanganate are concerned, an anti-dumping duty
      will have a limited effect, since the addition to the costs of products for which
      potassium permanganate is used will be very small. It has to be considered that,
      without measures, the Community industry would disappear while its maintenance
      on the market will ensure competition between the Community producers and imports
      from other non-member countries which will have a beneficial effect on price levels.
      In addition, since the new applications for the product include drinking water and
      waste water purification, and the customers in this case are not big industries but
      municipalities, stability of supply is an important objective. Therefore it is in the
      interest of the users and, more particularly, the general public that the Community
      industry remains as a reliable supplier of this product and is not forced out of
      the market.
(46)  After considering the various interests involved, it is concluded to be in the
      Community interest to maintain definitive anti-dumping measures in force which
      should however be adapted to eliminate the injurious effects of increase in dumping.
      These measures should take the form of anti-dumping duties. As already in the past
      (see recital 26), appropriate steps should be taken in order to avoid duty evasion and
      in this context it was considered that a fixed amount in ECU per kilogram constitutes
      the most appropriate type of anti-dumping duty.
                                         I. DUTY
(47)  When calculating the amount of duty necessary to provide adequate protection to the
      Community industry from continued injurious dumping, it was considered that any
      measure should allow the Community industry to cover the costs of production and
      to obtain a reasonable profit.
(48)  For this purpose, a minimum price level was established by adding to the cost of
      production of the Community industry a profit margin of 5% of the cost of
      production which is considered a minimum return on sales under current market
      conditions for the industry sector in question.
      An injury margin was then calculated on the basis of a comparison between this
      minimum price and the average free-at-Community-frontier value of the Chinese
      imported like product.
(49)  As the injury margin found was higher than the dumping margin, the anti-dumping
      duty should be based on the latter pursuant to Article 13(3) of the basic Regulation,
HAS ADOPTED THIS REGULATION:
                                          Article 1
1.    A definitive anti-dumping duty is hereby imposed on imports of potassium
      permanganate falling within CN code 2841 60 10 and originating in the
      People's Republic of China.
                                             13
 ---pagebreak--- 2.       The amount of duty is ECU 1.26 per kilogram.
3.       Unless otherwise specified, the provisions in force concerning customs duties
         shall apply.
                                          Article 2
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
                                                                     The President
                                               14
 ---pagebreak---                                                                     BSN 0254-1475
                                                             COM(94) 424 final
                                                     DOCUMENTS
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