95/345/EC: Commission Decision of 3 August 1995 terminating the anti-dumping proceeding concerning imports into the United Kingdom of ammonium nitrate originating in Russia and terminating the anti-dumping review investigation concerning imports into the United Kingdom of ammonium nitrate originating in Lithuania
Date: 1995-08-03
Institutions: European Commission
Subjects: USSR, United Kingdom, anti-dumping legislation, chemical fertiliser, dumping, import













EUR-Lex - 31995D0345 - EN






Avis juridique important




|



31995D0345

95/345/EC: Commission Decision of 3 August 1995 terminating the anti-dumping proceeding concerning imports into the United Kingdom of ammonium nitrate originating in Russia and terminating the anti-dumping review investigation concerning imports into the United Kingdom of ammonium nitrate originating in Lithuania  


Official Journal L 198 , 23/08/1995 P. 0029 - 0030 





COMMISSION DECISION of 3 August 1995  terminating the anti-dumping proceeding concerning imports into the United Kingdom of ammonium  nitrate originating in Russia and terminating the anti-dumping review investigation concerning  imports into the United Kingdom of ammonium nitrate originating in Lithuania (95/345/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), as last amended by  Regulation (EC) No 1251/95  (2), and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on production against dumped  as subsidized imports from countries not members of the European Economic Community  (3), as last  amended by Regulation (EC) No 522/94  (4), and in particular Article 9 thereof, After consulting the Advisory Committee, Whereas: A.  PROCEDURE (1)  In November 1992 the Commission initiated an anti-dumping proceeding  concerning imports of ammonium nitrate originating in Belarus, Georgia, Lithuania, Russia,  Turkmenistan, Ukraine and Uzbekistan into the United Kingdom (hereinafter referred to as 'the UK  regional proceeding`)  (5). (2)  In May 1994, the anti-dumping proceeding concerning imports originating in Belarus, Georgia,  Turkmenistan, Ukraine and Uzbekistan was terminated by Commission Decision 94/293/EC  (6). By the  same Decision, the investigation with regard to Lithuania and Russia was terminated by the  acceptance of undertakings concerning imports of ammonium nitrate from both countries. (3)  In June 1994, the Commission initiated an anti-dumping proceeding concerning imports of  ammonium nitrate originating in Lithuania and Russia into the Community as a whole (hereinafter  referred to as 'the Community-wide proceeding`)  (7). (4)  Following the initiation of the Community-wide proceeding, it became clear that should  protective measures prove necessary, such measures would apply to the whole Community, including  the United Kingdom. In such a case, the measures taken in the UK regional proceeding concerning  imports from Russia and/or Lithuania would have to be repealed, since the United Kingdom market  could not be simultaneously protected by two separate anti-dumping measures concerning imports of  the same product from the same origin. In these circumstances, and without prejudice to the outcome of the Community-wide investigation, a  review of Decision 94/293/EC was initiated  (8), in order to allow interested parties to put  forward their views on this issue. (5)  No interested party commented directly on the issue raised in recital 4. B.  CONCLUSION OF COMMUNITY-WIDE INVESTIGATION (6)  The Community-wide investigation was  concluded by Council Regulation (EC) No 2022/95  (9) imposing a definitive anti-dumping duty on  imports of ammonium nitrate originating in Russia, and by Commission Decision 95/344/EC  (10)  terminating the Community-wide proceeding as regards imports originating in Lithuania. C.  AMENDMENT TO DECISION 94/293/EC (7)  In view of the imposition of a Community-wide  anti-dumping duty on imports of ammonium nitrate originating in Russia, the Commission, in order to  prevent the simultaneous imposition of two separate anti-dumping measures on these imports in the  United Kingdom market, should not maintain the anti-dumping measure in the form of an undertaking  concerning Russia and therefore the UK regional proceeding as regards imports of Russian ammonium  nitrate should be terminated with effect from the date of entry into force of the Community-wide  measures. (8)  As regards Lithuania, the review of Decision 94/293/EC was limited to the issue raised in  recital 4. In any event, no interested party has provided any evidence that the removal of the  anti-dumping measure concerning imports from Lithuania in the UK regional proceeding would not lead  again to the existence of injury to the UK industry. In these circumstances, the above measure  should remain in force. (9)  A proposal to take the above action was disclosed to all interested parties. No party objected  to the termination of the regional proceeding as regards Russia; neither did any party contest the  maintenance of regional measures in the case of imports from Lithuania. (10)  No objections to the termination of the UK regional proceeding in respect of imports of  ammonium nitrate originating in Russia were raised in the Advisory Committee; neither were there  any objections to the maintenance of the anti-dumping measure concerning imports of ammonium  nitrate originating in Lithuania, HAS DECIDED AS FOLLOWS: Article 1 The anti-dumping proceeding concerning imports into the United  Kingdom of ammonium nitrate originating in Russia is terminated. Article 2 The review of Decision 94/293/EC, as it relates to imports of ammonium nitrate  originating in Lithuania into the United Kingdom, is terminated. Article 3 This Decision shall take effect on the day following its publication in the Official  Journal of the European Communities. Done at Brussels, 3 August 1995. For the Commission Hans VAN DEN BROEK Member of the Commission