Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia and Ukraine
Date: 2004-07-02
Institutions: European Commission
Subjects: Russia, Ukraine, anti-dumping measure, chemical salt, common commercial policy

C 172/2

EN

Official Journal of the European Union

2.7.2004

of a partial interim review of the anti-dumping measures applicable to imports of ammonium
nitrate originating in Russia and Ukraine

NOTICE OF INITIATION

(2004/C 172/02)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1) (‘the basic Regulation’).

The investigation will assess the need for the amendment of
the scope of the existing measure.

1. Request for review

(a) Questionnaires

The request was lodged by the European Fertilizer Manufac-
turers Association (‘the applicant’).

2. Product

The product under review is ammonium nitrate other than
in aqueous solution and mixtures of ammonium nitrate
with calcium carbonate or other inorganic non-fertilising
substances, with a nitrogen content exceeding 28 % by
weight, originating in Russia and Ukraine ('the product
classifiable within CN codes
concerned'),
3102 30 90 and 3102 40 90. These CN codes are given
only for information.

normally

3. Existing measures

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC)
132/2001 (2) on imports of ammonium nitrate originating,
inter alia, in Ukraine and by Council Regulation (EC) No
658/2002 (3) on imports of ammonium nitrate originating
in Russia.

In order to obtain the information it deems necessary
for its investigation, the Commission will send ques-
tionnaires to the applicant, to the importers, to the
users, to exporting producers in Russia and Ukraine, to
the exporters and to the Russian and Ukrainian authori-
ties. 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 question-
naire 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.

the Commission may hear

interested
Furthermore,
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.

4. Grounds for the review

The applicant has provided information that the scope of
the existing measure is no longer sufficient to counteract
the dumping which is causing injury.

6. Time limits

The applicant alleges that new product types have appeared
on the market which should be included in the scope of
the measures on the grounds that they share the same basic
physical and chemical characteristics and end uses as the
product covered by the measures. Both the product
concerned and the new product types should therefore be
considered as a single product.

5. Procedure for the determination of dumping

after

determined,

the Advisory
consulting
Having
that sufficient evidence exists to justify the
Committee,
the Commission
initiation of a partial
hereby initiates a review in accordance with Article 11(3)
of the basic Regulation, limited in scope to the definition of
the product concerned.

interim review,

(a) For parties to make themselves known, to submit question-

naire 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.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 23, 25.1.2001, p. 1.
(3) OJ L 102, 18.4.2002, p. 1.

(b) Hearings

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

2.7.2004

EN

Official Journal of the European Union

C 172/3

7. Written submissions, questionnaire replies and corre-

8. Non-co-operation

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). 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 Regulation, shall
be accompanied by a non-confidential version, which will
be labelled ‘for inspection by interested parties’.

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32 2) 295 65 05
Telex COMEU B 21877.

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 investi-
gation, 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
in accordance with
disregarded and use may be made,
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 facts available is made, the
result may be less favourable to the party than if it had co-
operated.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant 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 Implementation of Article
VI of the Gatt 1994 (Anti-dumping Agreement).

the Council

It