Notice of initiation of an expiry and an interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia
Date: 2000-08-23
Institutions: European Commission
Subjects: Russia, anti-dumping duty, anti-dumping legislation, chemical salt, originating product

C 239/10

EN

Official Journal of the European Communities

23.8.2000

Notice of initiation of an expiry and an interim review of the anti-dumping measures applicable to
imports of ammonium nitrate originating in Russia

(2000/C 239/04)

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

1. Request for review

The request was lodged on 22 May 2000 by the European
(hereinafter
Fertilizer Manufacturers Association
referred to as (cid:145)the applicant(cid:146)) on behalf of producers repre-
senting a major proportion of Community production of
ammonium nitrate.

(EFMA)

2. Product

The product concerned by the review is ammonium nitrate, a
solid fertilizer
commonly used in agriculture, which is
produced from ammonia and nitric acid (hereinafter referred
to as (cid:145)the product concerned(cid:146)). It is currently classified under
CN codes 3102 30 90 and 3102 40 90. These codes are only
given for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties,
in the form of a specific duty imposed by Council
Regulation (EC) No 663/98 (4), which amended Regulation
(EC) No 2022/95 (5).

4. Grounds for the expiry review

The request pursuant to Article 11(2) is based on the grounds
that the expiry of the measures would be likely to result in the
continuation or recurrence of dumping and injury to the
Community industry.

the fact

With regard to the allegation of continuation of dumping, in
view of
that normal value for Russia should be
determined on the basis of the rules set out in Article 2(7)
of
the applicant has proposed that
normal value be established on the basis of the price in an
appropriate market economy third country.

the Basic Regulation,

(1) OJ C 52, 14.2.2000, p. 3.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 128, 30.4.1998, p. 18.
(4) OJ L 93, 26.3.1998, p. 1.
(5) OJ L 198, 23.8.1995, p. 1.

The allegation of dumping is based on a comparison of normal
value, as set out above, with the export prices of the product
concerned when sold for export to the Community, which
would have continually decreased since 1995. On this basis
the dumping margin calculated is significant.

import

level of

destinations

Furthermore, the applicant alleges that should measures be
the product
allowed to lapse the current
that
concerned would be likely to rise due to the fact
potential
are
than the Community
other
protected by anti-dumping measures (USA, Lithuania, Poland
and Hungary) or by other measures (China’s ban on imports),
which makes it more likely that exports at dumped prices will
be directed to the Community market, if the measures lapse. In
addition,
the product
large production capacity of
concerned in the country concerned would represent, even
after deduction of
the domestic demand, more than the
entire Community consumption.

the

The applicant also alleges that any recurrence of substantial
imports from Russia at dumped prices would further depress
prices in the Community and worsen the situation of
the
Community industry, which, despite the measures in force, is
still precarious.

5. Grounds for the interim review

the current measures appear not

The applicant’s request pursuant to Article 11(3) is based on
to be
the grounds that
sufficient to counteract the injurious effects of dumping. The
applicant
current
non-injurious target price is higher than current resale prices
of russian imports. This is allegedly because lower costs in the
Community industry have been more than offset by the fall in
Russian prices since 1995.

provided

evidence

showing

that

its

6. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists for the initiation of an expiry
review and an interim review,
the Commission hereby
initiates an investigation pursuant to Article 11(2) and (3) of
the Basic Regulation. The investigation will assess the like-
lihood of continuation or recurrence of dumping and injury
and the need for the continuation, removal or amendment of
the existing measures.

6.1. Procedure for the determination of the likelihood of the
continuation or recurrence of dumping and injury

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the

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Official Journal of the European Communities

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Community industry and to any association of producers in the
Community, to the exporters/producers and to any association
of exporters/producers, to the importers and to any association
of importers named in the request as well as to the Russian
authorities. Those parties which participated in the investi-
gation having led to the existing measures subject
to the
present review will also be sent a questionnaire.

In any event, all parties are advised to contact the Commission
forthwith by fax in order to find out whether they are listed in
the request for the review, and if they are not, they should
request a questionnaire within the time limit set in paragraph
7(a)(i), given that the time limit set in paragraph 7(a)(ii) of this
notice applies to all interested parties.

(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 has to reach the Commission within the
time limit set in paragraph 7(a)(ii).

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. This request
for a hearing must be made within the time limit set
in
paragraph 7(a)(iii).

(c) Selection of the market economy third country

In accordance with Article 2(7) of the Basic Regulation, it is
envisaged to choose Poland as an appropriate market economy
third country for the purpose of establishing normal value in
respect of Russia, since, inter alia, it was used as an analogue
market in previous investigations concerning the same product.
Interested parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit set in
paragraph 7(b) of this notice.

(d) Market economy status

i.e.

that

those exporters/producers in Russia which claim and
For
they operate under market
provide sufficient evidence that
economy conditions,
the criteria laid
they meet
down in Article 2(7)(c) of the Basic Regulation, normal value
will be determined in accordance with Article 2(7)(b) of the
Basic Regulation. Exporters/producers intending to submit duly
substantiated claims must do so within the specific time limit
set under paragraph 7(c) of this notice. The Commission will
send claim forms to all exporters/producers in Russia who have
requested an individual margin as well as to the authorities of
Russia.

6.2. Procedure for assessment of Community interest

or

the

removal

amendment

continuation,

In accordance with Article 21 of the Basic Regulation, and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
of
whether
measures would not be against the Community interest. For
this reason the Community industry,
importers and their
representative associations, representative users, and represen-
tative consumer organizations, provided that they prove that
there is an objective link between their activity and the product
concerned, may, within the general time limits set in paragraph
7(a)(ii) of this notice, make themselves known and provide the
Commission with relevant 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 limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties should request a questionnaire as
soon as possible, but not later than 15 days after the
publication of this notice in the Official Journal of the
European Communities.

(ii) For parties to make themselves known, to submit ques-

tionnaire 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 in writing and submit questionnaire
replies or any other information within 40 days of the
date of the publication of this notice in the Official
the European Communities, unless otherwise
Journal of
specified.

(iii) Hearings

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

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

Parties to the investigation may wish to comment on the
in
Poland which,
appropriateness of
as mentioned
paragraph 6.1(c) of this notice,
is envisaged as a market
economy country for the purpose of establishing normal
value in respect of Russia. These comments must reach the
Commission within 10 days of
this
notice in the Official Journal of the European Communities.

the publication of

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Official Journal of the European Communities

23.8.2000

(c) Specific time limit for submission of claims for market economy

status

Properly substantiated claims for market economy status, as
mentioned in paragraph 6.1(d) of this notice, must reach
the Commission within 21 days of the date of publication
of
the European
Communities.

this notice in the Official

Journal of

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: 21877 COMEU B.

9. Non-cooperation

8. Written submissions, questionnaire replies and corre-

spondence

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:

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 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.

Initiation of proceedings

(Case COMP/M.1940 (cid:151) Framatome/Siemens/Cogema/JV)

(2000/C 239/05)

(Text with EEA relevance)

On 11 August 2000 the Commission decided to initiate proceedings in the abovementioned case after
finding that the notified concentration raises serious doubts as to its compatibility with the common
market. The initiation of proceedings opens a second phase investigation with regards to the notified
concentration. The decision is based on Article 6(1)(c) of Regulation (EEC) No 4064/89.

The Commission invites interested third parties to submit their observations on the proposed concen-
tration.

In order to be fully taken into account in the procedure, observations should reach the Commission not
later than 15 days following the date of this publication. Observations can be sent by fax (No (32-2)
296 43 01 or 296 72 44) or by post, under reference COMP/M.1940 (cid:151) Framatome/Siemens/Cogema/JV,
to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.