Notice of initiation of an anti-dumping proceeding concerning imports of urea originating in Belarus, Bulgaria, Croatia, Egypt, Estonia, Lithuania, Libya, Poland, Romania and Ukraine
Date: 2000-10-21
Institutions: European Commission
Subjects: anti-dumping legislation, complaint to the Commission, organic fertiliser, originating product, producer organisation, third country

C 301/2

EN

Official Journal of the European Communities

21.10.2000

Notice of initiation of an anti-dumping proceeding concerning imports of urea originating in
Belarus, Bulgaria, Croatia, Egypt, Estonia, Lithuania, Libya, Poland, Romania and Ukraine

(2000/C 301/02)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 905/98 (2) ((cid:145)the basic Regulation(cid:146)), alleging
that imports of urea, originating in Belarus, Bulgaria, Croatia,
Egypt, Estonia, Lithuania, Libya, Poland, Romania and Ukraine,
are being dumped and are thereby causing material injury to
the Community industry.

1. Complaint

Manufacturers

The complaint was lodged on 6 September 2000 by European
Fertilizers
((cid:145)the
complainant(cid:146)) on behalf of producers representing a major
the total
in this case more than 82 %, of
proportion,
Community production of urea.

Association

(EFMA)

2. Product

The product allegedly being dumped is urea, whether or not in
aqueous solution ((cid:145)the product concerned(cid:146)), currently clas-
sifiable within CN codes 3102 10 10 and 3102 10 90. These
CN codes are only given for information.

3. Allegation of dumping

The allegation of dumping in respect of Bulgaria, Croatia,
Egypt, Lithuania, Poland and Romania
is based on a
comparison of normal value established on the basis of
domestic prices, with the export prices of
the product
concerned to the Community.

The allegation of dumping for Estonia and Libya is based on a
comparison of a constructed normal value with the export
prices of the product concerned to the Community.

In view of the fact that normal value for Belarus and Ukraine,
will be determined on the basis of the rules set out in Article
2(7) of the basic Regulation, the complainant has proposed
that normal value be established on the basis of a constructed
normal value in a market economy country (see paragraph
5.1(c) of this notice). 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.

increased overall
share.

in absolute terms and in terms of market

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community producers,
resulting
effects on the overall
adverse
performance, the financial and the employment situation of
the Community industry.

in substantial

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regualtion.

5.1. P r o c e d u r e

f o r

t h e

d e t e r m i n a t i o n

o f

d u m p i n g a n d i n j u r y

investigation will

The
the product
concerned originating in Belarus, Bulgaria, Croatia, Egypt,
Estonia, Lithuania, Libya, Poland, Romania and Ukraine is
being dumped and whether this dumping has caused injury.

determine whether

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
Community industry and to any association of producers in the
Community, to the exporters/producers in Belarus, Bulgaria,
Croatia, Egypt, Estonia, Lithuania, Libya, Poland, Romania
and Ukraine, and to any association of exporters/producers,
to the importers and to any association of importers named
in the complaint and to the authorities of
the exporting
countries concerned.

should contact

the Commission
In any event, all parties
forthwith in order to find out whether they are listed in the
complaint and if they are not, they should request a ques-
tionnaire within the time limit set in paragraph 6(a)(i), given
that the time limit set in paragraph 6(a)(ii) of this notice applies
to all interested parties.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

(b) Collection of information and holding of hearings

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Belarus, Bulgaria, Croatia, Egypt,
Estonia, Lithuania, Libya, Poland, Romania and Ukraine have

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.

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 6(a)(ii) of this notice.

the Commission may hear
they make a request showing that

interested parties,
Furthermore,
provided that
there are
particular reasons why they should be heard. This request
must be made within the time limit set in paragraph 6(a)(iii).

21.10.2000

EN

Official Journal of the European Communities

C 301/3

(c) Selection of the market economy country

(iii) Hearings

In accordance with Article 2(7)(a) of the basic Regulation, it is
envisaged to choose Slovakia as an appropriate market
economy country for
the purpose of establishing normal
value in respect of Belarus and Ukraine. Interested parties are
hereby invited to comment on the appropriateness of
this
choice within the specific time limit set in paragraph 6(b) of
this notice.

(d) Market economy status

i.e.

that

For those exporters/producers in Ukraine which claim and
they operate under market
provide sufficient evidence that
the criteria laid
they meet
economy conditions,
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 in paragraph 6(c) of this notice. The Commission will send
claim forms to all exporters/producers in Ukraine who request
an individual margin as well as to the authorities of Ukraine.

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
appropriateness of Slovakia which,
as mentioned in
paragraph 5.1(c) of this notice, is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of Belarus and Ukraine. These comments
must reach the Commission within 10 days of the date of
publication of
this notice in the Official
the
European Communities.

Journal of

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

status

Duly substantiated claims for market economy status, as
mentioned in paragraph 5.1(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

5.2. P r o c e d u r e f o r a s s e s s m e n t o f C o m m u n i t y

7. Written submissions, questionnaire replies and corre-

i n t e r e s t

spondence

this

industry,

the Community interest. For

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
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may, within the general
in
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. It should be noted
that any information submitted pursuant to Article 21 will only
be taken into account if supported by factual evidence at the
time of submission.

link between their

they prove that

activity

limits

their

time

set

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

6. Terme 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.

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
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.

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

tionnaire replies and any other information

9. Schedule of the investigation

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.

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 7(1) of the basic Regulation,
provisional measures may be imposed no later than nine
this notice in the Official
months from the publication of
Journal of the European Communities.