2003/671/EC: Commission Decision of 27 August 2003 accepting an undertaking offered in the framework of a partial interim review of the anti-dumping measures applicable to imports of urea and ammonium nitrate solutions (UAN) originating, inter alia, in Lithuania
Date: 2003-08-27
Institutions: European Commission
Subjects: Lithuania, anti-dumping measure, chemical fertiliser, import, originating product

25.9.2003

EN

Official Journal of the European Union

L 238/35

COMMISSION DECISION

of 27 August 2003

accepting an undertaking offered in the framework of a partial interim review of the anti-dumping
measures applicable to imports of urea and ammonium nitrate solutions (UAN) originating, inter
alia, in Lithuania

(2003/671/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

B. REQUEST FOR A REVIEW

Having regard to the Treaty establishing the European
Community,

(3)

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1)
(the
basic Regulation), as last amended by Regulation (EC) No
1972/2002 (2), and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

to Regulation (EC) No 1995/2000 (3),
the
Pursuant
imposed definitive anti-dumping duties on
Council
imports into the Community of solutions of urea and
ammonium nitrate (UAN) originating,
in
Lithuania. The form of measures set out in that Regula-
tion for all Lithuanian exporting producers was a specific
duty of EUR 3,98 per tonne.

inter alia,

inter alia,

On January 2002, in another procedure, definitive anti-
dumping measures, in the form of a specific duty, were
imposed on imports of urea originating,
in
Lithuania pursuant to Council Regulation (EC) No 92/
2002 (4). However,
in accordance with Commission
Decision 2002/498/EC (5) and Council Regulation (EC)
No 1107/2002 (6) amending Regulation (EC) No 92/
2002, the sole Lithuanian exporting producer of urea,
Stock Company Achema (Achema), was exempted from
the said duties as an undertaking had been accepted by
the Commission from it. In the framework of that under-
taking, in order to eliminate the risks of compensatory
arrangements, Achema undertook to respect minimum
import prices and to report exports to the Community
not only for urea, but also for its other two nitrogen
fertilisers, i.e. ammonium nitrate and UAN.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 238, 22.9.2000, p. 15.
(4) OJ L 17, 19.1.2002, p. 1.
(5) OJ L 168, 27.6.2002, p. 51.
(6) OJ L 168, 27.6.2002, p. 1.

(4)

(5)

(6)

(7)

for a partial

interim
In September 2002, a request
review pursuant to Article 11(3) of the basic Regulation
was
in
lodged by Achema, an exporting producer
Lithuania. The request was limited in scope to the exam-
ination of the form of the measure and, in particular, to
the examination of the acceptability of an undertaking
offered by the applicant.

The request was based on the grounds that the applicant
committed itself to a price discipline in respect of UAN
within the framework of an anti-dumping proceeding
it was
concerning urea and presented evidence that
ready to provide in the framework of
the present
proceeding an undertaking of a similar nature, which
would have the effect of removing the injurious effects
of dumping and could be monitored.

after

Having determined,
consulting the Advisory
Committee, that sufficient evidence existed for the initia-
tion of a partial
the Commission
interim review,
published a notice in the Official Journal of the European
Communities (7) and commenced an investigation.

C. ACCEPTANCE OF THE UNDERTAKING

The details of the procedural aspects and findings of the
interim review investigation are set out in full in Council
Regulation (EC) No 1675/2003 (8).

According to the undertaking offer, Achema undertook
to sell UAN directly from Lithuania to unrelated custo-
mers in the Community at a minimum price. Moreover,
the regular and detailed reports which Achema under-
took to provide to the Commission will allow effective
monitoring of the terms of the undertaking. In addition,
in respect of the risk of circumvention in the form of
cross-compensation with other products it should be
borne in mind that Achema has been respecting
minimum import prices for the other fertilisers that it
exports to the Community in the framework of its urea
undertaking. Under these circumstances, it is considered
that the risk of circumvention will be limited.

(7) OJ C 314, 17.12.2002, p. 2.
(8) See page 4 of this Official Journal.

L 238/36

EN

Official Journal of the European Union

25.9.2003

(8)

(9)

(10)

(11)

The review investigation concluded that the undertaking
offered by Achema would have the effect of eliminating
the injurious effects of dumping, can be effectively moni-
tored by the Commission and can therefore be accepted.
Achema has been informed of the essential facts, consid-
erations and obligations upon which the acceptance is
based.

relevant

conditional, upon presentation of

In order to enable the Commission to monitor effectively
Achema's compliance with the undertaking, when the
request for release for free circulation pursuant to the
undertaking is presented to the
customs
authority, exemption from the anti-dumping duty should
be
an invoice
containing at least the items of information listed in the
Annex to Commission Regulation (EC) No 617/2000 (1).
This level of information is necessary to enable customs
authorities to ascertain with sufficient precision that the
shipment corresponds to the commercial documents.
Where no such invoice is presented, or when it does not
correspond to the product presented to customs, the
appropriate rate of anti-dumping duty will
instead be
payable.

In the event of a breach, suspected breach or withdrawal
of
the undertaking, an anti-dumping duty may be
imposed, pursuant to Article 8(9) and (10) of the basic
Regulation. Achema has been made aware of the conse-
quences of a breach.

D. MODIFICATION OF NAME AND ADDRESS

In the course of the partial interim review investigation,
the company informed the Commission that
it had
changed its name and address. The name change was
due to the fact that the previous form of the company,
i.e. a joint stock company, no longer exists in Lithuania.
the company is Stock Company
The new name of
Achema. The change of
its address was due to the
change in the Lithuanian postal system.

(12)

The Commission has examined this information, which
demonstrated that all the company's activities linked to
the manufacturing, sales and exports of fertilisers (AN,
UAN and urea) are unaffected by these changes,

HAS ADOPTED THIS DECISION:

Article 1

The undertaking offered by the producer mentioned below, in
connection with the anti-dumping proceeding concerning
imports of urea and ammonium nitrate in aqueous or ammo-
in Lithuania is hereby
niacal solutions originating,
accepted.

inter alia,

Country

Company

Lithuania

Stock Company Achema
Jonalaukio k.,Ruklos sen.,
Jonavos r.
LT-5005

TARIC additional
Code

A375

Article 2

This Decision shall enter into force on 26 September 2003.

Done at Brussels, 27 August 2003.

For the Commission

Pascal LAMY

Member of the Commission

(1) OJ L 75, 24.3.2000, p. 3.