Notice of initiation of a partial interim review of the antidumping measures applicable to imports of potassium chloride originating in Russia
Date: 2004-04-17
Institutions: European Commission
Subjects: Russia, anti-dumping measure, chemical salt, import, originating product

C 93/2

EN

Official Journal of the European Union

17.4.2004

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of potassium chloride originating in Russia

(2004/C 93/02)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC)
No 384/96 (1), as last amended by Council Regulation (EC)
No 1972/2002 (2) (‘the basic Regulation’).

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant.

1. Request for review

(a) Questionnaires

The request was lodged by JSC Silvinit (‘the applicant’), an
exporter from Russia.

2. Product

The product under review is potassium chloride either not
containing any additional
fertilising elements or containing
additional fertilising elements in special mixtures, originating
in Russia (‘the product concerned’), currently classifiable within
CN codes
ex
3105 20 10, ex 3105 20 90, ex 3105 60 90, ex 3105 90 91,
ex 3105 90 99. These CN codes are given only for information.

3104 20 10,

3104 20 50,

3104 20 90,

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EEC) No 3068/92 (3) as
last amended by Regulation (EC) No 969/2000 (4), on imports
of potassium chloride originating in Russia.

4. Grounds for the review

The request pursuant to Article 11(3) of the basic Regulation is
based on the prima facia evidence, provided by the applicant,
that the circumstances on the basis of which measures were
established have changed and that these changes are of lasting
nature.

The applicant alleges and provides evidence showing that a
comparison of normal value based on its own cost/domestic
prices and its export prices to the EU, would lead to a removal
of dumping. Therefore, the continued imposition of measures
the existing levels, which were based on the level of
at
dumping previously established,
is no longer necessary to
offset dumping.

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 paragraph 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 paragraph 6(b) of
this notice.

6. Time limits

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

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
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 Union, unless otherwise
specified. Attention is drawn to the fact that the exercise of
most procedural rights set out
in the basic Regulation
depends on the party's making itself known within the
aforementioned period.

5. Procedure for the determination of dumping

(b) Hearings

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation limited
in scope to the examination of dumping as far as the applicant
is concerned.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 308, 24.10.1992, p. 41.
(4) OJ L 112, 11.5.2000, p. 4.

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

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).

17.4.2004

EN

Official Journal of the European Union

C 93/3

All written submissions, including the information requested in
this notice, questionnaire replies and correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘For inspection by interested
parties’.

shall be

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16

(1) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996 p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement).

is a confidential document pursuant

the Council

It

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 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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not co-operate, or co-operates only partially, and use of
the best
the result may be less
favourable to the party than if it had cooperated.

facts available is made,

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of potassium chloride originating in Russia

(2004/C 93/03)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1), as
last amended by Council Regulation (EC)
No 1972/2002 (2) (‘the basic Regulation’).

1. Request for review

The request was lodged by JSC Uralkali
exporter from Russia.

(‘the applicant’), an

2. Product

The product under review is potassium chloride either not
fertilising elements or containing
containing any additional
additional fertilising elements in special mixtures, originating
in Russia (‘the product concerned’), currently classifiable within
CN codes
ex
3105 20 10, ex 3105 20 90, ex 3105 60 90, ex 3105 90 91,
ex 3105 90 99. These CN codes are given only for information.

3104 20 90,

3104 20 10,

3104 20 50,

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EEC) No 3068/1992 (3)
as last amended by Regulation (EC) No 969/2000 (4) on
imports of potassium chloride originating in Russia.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 308, 24.10.1992, p. 41.
(4) OJ L 112, 11.5.2000, p. 4.

4. Grounds for the review

The request pursuant to Article 11(3) is based on the prima
facia evidence, provided by the applicant, that the circum-
stances on the basis of which measures were established have
changed and that these changes are of lasting nature.

The applicant alleges and provides evidence showing that a
comparison of normal value based on its own cost/domestic
prices and its export prices to the EU, would lead to a removal
of dumping. Therefore, the continued imposition of measures
the existing levels, which were based on the level of
at
is no longer necessary to
dumping previously established,
offset dumping.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation limited
in scope to the examination of dumping as far as the applicant
is concerned.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant.