Notice of initiation of an interim review of the anti-dumping measures applicable to imports of urea and ammonium nitrate solutions originating in Poland

(2001/C 288/02)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96(1), as last amended by Regulation (EC) No 2238/2000(2), ("the basic Regulation") of the measures on imports of urea and ammonium nitrate solutions originating in Poland.

1. Request for review

The request was lodged by an exporter from Poland, Zaklady Azotowe "Pulawy" SA (ZAP) ("the applicant"), and is limited in scope to the examination of dumping as far as the applicant is concerned.

2. Product

The product under review is urea and ammonium nitrate solutions ("UAN") originating in Poland ("the product concerned"), currently classifiable within CN code 3102 80 00. This CN code is given only for information.

3. Existing measures

The measures currently in force on the product concerned are a definitive anti-dumping duty imposed by Council Regulation (EC) No 900/2001(3). These measures in the form of a specific duty per tonne were imposed following the initiation of an investigation pursuant to Articles 11(2) and 11(3) of the basic Regulation(4) concerning the original measures imposed by Council Regulation (EC) No 3319/94(5).

4. Grounds for the review

The request pursuant to Article 11(3) is based on the prima-facie evidence, provided by the applicant, that the circumstances on the basis of which measures were established have changed and that these changes are of lasting nature.

In the original investigation leading to measures, the dumping margin established for the applicant was based, in the absence of domestic sales, on the comparison of a constructed normal value with the export prices to the Community.

The applicant alleges, inter alia, that a comparison of normal value based on domestic sales with the export prices to the Community would result in a significantly lower dumping margin, which is even below the injury margin previously established. On this basis, the continued imposition of the measure at the current level would no longer be necessary to offset dumping.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the Basic Regulation limited to the examination of dumping and to the level of the duty imposed upon imports of the applicant's product. The investigation will assess the need for the continuation, removal or amendment of the existing measures as far as the applicant is concerned.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(b) of this notice.

6. Time limits

(a) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Communities, unless otherwise specified.

(b) Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence: European Commission Directorate-General for Trade

Directorates B and C

TERV - 0/13

Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 257, 11.10.2000, p. 2.

(3) OJ L 127, 9.5.2001, p. 1.

(4) OJ C 369, 21.12.1999, p. 22.

(5) OJ L 350, 31.12.1994, p. 20.