Notice of initiation of a review of the anti-dumping measures applicable to imports of urea originating in Russia
Date: 2000-03-04
Institutions: European Commission
Subjects: Russia, anti-dumping duty, dumping, fertiliser, import, originating product

4.3.2000

EN

Official Journal of the European Communities

C 62/19

Notice of initiation of a review of the anti-dumping measures applicable to imports of urea
originating in Russia

(2000/C 62/06)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of urea orig-
inating in Russia, the Commission has received a request to
review the measures for that country pursuant to Article 11(2)
of Council Regulation (EC) No 384/96 (2), as last amended by
Council Regulation No 905/98 (3), hereinafter referred to as the
(cid:145)Basic Regulation(cid:146).

1. Request for review

The request was lodged on 3 December 1999 by the European
Fertilizer Manufacturers Association
(hereinafter
referred to as (cid:145)the applicant(cid:146)) on behalf of producers repre-
senting a major proportion of Community production of
urea (hereinafter referred to as the (cid:145)product concerned(cid:146)).

(EFMA)

2. Product

The product concerned is urea currently classified under CN
codes 3102 10 10 and 3102 10 90. These codes are only given
for information.

Urea is produced from ammonia and is used either as a
feed additive (agricultural grade
fertilizer or as an animal
urea), or as
for certain glues and plastics
raw material
(industrial grade urea).

3. Existing measures

The measures currently in force are difinitive anti-dumping
duties imposed by Council Regulation (EC) No 477/95 (4) in
the form of a variable duty applicable to imports below a
minimum price.

4. Grounds for the review

The request is based on the grounds that, although the quan-
tities exported by Russia have dropped substantially since the
previous investigation, the expiry of the measures would be
likely to result in the continuation or recurrence of dumping
and injury to the Community industry.

The applicant alleges that Russian exporters continue to dump
urea on the Community market. According to further alle-
gations made by the applicant, Russian exports to other
markets appear to be dumped as well which is an indication
for the recurrence of
further dumping should measures be
repealed.

In view of
that normal value for Russia will be
examined on the basis of the rules set out in Article 2(7) of

the fact

(1) OJ C 252, 3.9.1999, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 128, 30.4.1998, p. 18.
(4) OJ L 49, 4.3.1995, p. 1.

the basic Regulation, the applicant has proposed that normal
value be established on the basis of the price in a market
economy third country.

The allegation of dumping is therefore based on a comparison
of normal values in the United States of America, Poland and
the Slovak Republic with the Russian export prices of
the
product concerned to the Community.

The applicant also alleges that the expiry of measures would be
likely to result in renewed injury to the Community industry
significant production and low domestic
given Russia’s
export
for
consumption.
represents more
entire Community
consumption.

the
than half of

available

capacity

Indeed,

the

imports

the applicant alleges

that any recurrence of
In addition,
substantial
from Russia at dumped prices would
further depress prices in the Community and worsen the
the Community industry, which, despite the
situation of
measures
Industry prices are
is still precarious.
alleged to have dropped by over 40 % since 1995/1996,
leading to a continuous deterioration of profitability.

in force,

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists for the initiation of an expiry
review,
the Commission hereby initiates an investigation
pursuant to Article 11(2) of the basic Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
Community procducers and to any association of producers in
the Community, to exporting producers, importers, and to any
association of exporting producers and importers named in the
request and to the Russian authorities. Those parties which
participated in the investigation having led the existing
measures subject to the present review will also be sent a
questionnaire.

Interested existing producers and importers which did not
participate in the investigation having led to the existing
measures are invited to contact the Commission forthwith in
order to find out whether they are concerned by the review, in
which case, they should, as soon as possible, but no later than
15 days after the publication of
this notice in the Official
Journal of the European Communities request a copy of the ques-
tionnaire, as all questionnaires have to reach the Commission
within the time limit set out in paragraph 7(a) of this notice.
Any request for questionnaires must be made in writing to the
address mentioned below and should indicate the name,
address,
the
interested party.

telephone, and fax and/or

telex numbers of

C 62/20

EN

Official Journal of the European Communities

4.3.2000

(b) Collection of information and holding of hearings

(a) General time limit

All interested parties are hereby invited to make their views
known in writing and to provide supporting evidence.

the Commission may hear

Furthermore,
interested parties,
provided they make a request in writing and show that there
are particular reasons why they should be heard.

(c) Selection of the market economy third country

In accordance with Article 2(7) of the basic Regulation, it is
envisaged to choose an appropriate market economy third
country for the purpose of establishing normal value. Of the
three countries proposed by the applicant, the Commission
considers the Slovak Republic to be the most appropriate
since,
it was used as an analogue market in the
previous investigation. Interested parties are hereby invited to
this choice within the
comment on the appropriateness of
specific time limit set in paragraph 7(b) of this notice.

inter alia,

6. Community interest

currently in force,
importers and their

In accordance with Article 21 of the basic Regulation, and in
order that an informed decision may be reached as to whether
it would be against the Community interest to maintain the
the applicant
anti-dumping measures
Community producers,
representative
associations,
representative users, as well as representative
consumer organisations, provided that they prove that there
is an objective link between their activity and the product
concerned, may, within the time limit specified in paragraph
7(a) of this notice, make themselves known and provide the
Commission with information.
It should be noted that any
information submitted pursuant to this Article will only be
taken into account if supported by factual evidence at the
time of submission.

7. Time limit

All submissions and requests made by interested parties within
the context of
the following paragraphs must be made in
writing (not in electronic format, unless otherwise specified),
and must reach the Commission within the time limits set
below.

Interested parties, if their representations are to be taken into
account during the investigation, must make themselves
known, present their views in writing and submit information,
unless otherwise specified, within 40 days of the date of the
publication of this notice in the Official Journal of the European
Communities. Interested parties may also apply to be heard by
the Commission within the same time limit. This time limit
applies to all interested parties, including parties not known to
the Commission, and it is consequently in the interest of these
parties to contact the Commission without delay.

(b) Specific time limit for the selection of the market economy third

country

Parties
to the investigation wishing to comment on the
appropiateness of the Slovak Republic which, as mentioned
is envisaged as market
this notice,
in paragraph 5(c) of
economy third country for
the purpose of establishing
normal value, should file their comments within 10 days of
the publication of this notice.

(c) Commission address for correspondence

European Commission
Directorate-General for Trade
Directorates C and E
DM 24 (cid:151) 8/37
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 necessary information within the
time limits specified in paragraph 7 above, or significantly
impedes the investigation,
findings, affirmative or negative,
may be made in accordance with Article 18 of the basic Regu-
lation, on the basis of the facts available.

Where it 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.