Notice of initiation of an interim review of the anti-dumping measures applicable to imports of urea and ammonium nitrate solutions originating in Poland
Date: 2001-10-13
Institutions: European Commission
Subjects: Poland, anti-dumping duty, anti-dumping legislation, import, organic fertiliser, originating product

C 288/2

EN

Official Journal of the European Communities

13.10.2001

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),
(EC) No
as
2238/2000 (2),
the measures on
imports of urea and ammonium nitrate solutions originating
in Poland.

((cid:145)the basic Regulation(cid:146)) of

by Regulation

amended

last

1. Request for review

The request was lodged by an exporter from Poland, Zaklady
Azotowe (cid:145)Pulawy(cid:146) SA (ZAP) ((cid:145)the applicant(cid:146)), 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
product
solutions
concerned(cid:146)), currently classifiable within CN code 3102 80 00.
This CN code is given only for information.

originating

((cid:145)UAN(cid:146))

Poland

((cid:145)the

in

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

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

to Article 11(3)

that

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
measure at the current level would no longer be necessary to
offset dumping.

the continued imposition of

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 investi-
gation 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.

(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.

6. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

13.10.2001

EN

Official Journal of the European Communities

C 288/3

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates B and C
TERV (cid:151) 0/13
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

(b) Hearings

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

8. Non-cooperation

7. 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.

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.

Non-opposition to a notified concentration

(Case COMP/M.2481 (cid:151) Balli/Kl(cid:246)ckner (ECSC.1359))

(2001/C 288/03)

(Text with EEA relevance)

On 27 September 2001 the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 301M2481. CELEX

is the computerised documentation system of European Community law.

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