Commission Regulation (EC) No 1795/2004 of 15 October 2004 initiating a ‘new exporter’ review of Council Regulation (EC) No 1995/2000 imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating, inter alia, in Algeria, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2004-10-15
Institutions: European Commission
Subjects: Algeria, EC Regulation, anti-dumping duty, chemical fertiliser, import, originating product, repeal

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COMMISSION REGULATION (EC) No 1795/2004

of 15 October 2004
initiating a ‘new exporter’ review of Council Regulation (EC) No 1995/2000 imposing a definitive
anti-dumping duty on imports of solutions of urea and ammonium nitrate originating, inter alia, in
Algeria, repealing the duty with regard to imports from one exporter in this country and making
these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. GROUNDS FOR THE REVIEW

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 (1) of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (the basic
Regulation), and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

A. REQUEST FOR A REVIEW

received an application for a ‘new
The Commission has
exporter’ review pursuant to Article 11(4) of the basic Regu-
lation. The application was lodged by Fertial SPA (the applicant),
an exporting producer in Algeria (the country concerned).

B. PRODUCT

The product under review is mixtures of urea and ammonium
nitrate in aqueous or ammoniacal solution originating in Algeria
(the product concerned), currently classifiable within CN code
3102 80 00.

that

it did not export

The applicant alleges
the product
concerned to the Community during the period of investigation
on which the anti-dumping measures were based, i.e. the period
from 1 June 1998 to 31 May 1999 (the original investigation
period) and that
the exporting
producers of the product concerned which are subject to the
above mentioned anti-dumping measures.

is not related to any of

it

The applicant further alleges that it has exported the product
concerned to the Community since the end of the original
investigation period.

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given an
opportunity to comment. No comments have been received.

Having examined the evidence available,
the Commission
concludes that there is sufficient evidence to justify the initiation
of a ‘new exporter’ review, pursuant to Article 11(4) of the basic
Regulation, with a view to determining the applicant's individual
margin of dumping and, should dumping be found, the level of
the duty to which its imports of the product concerned into the
Community should be subject.

C. EXISTING MEASURES

(a) Questionnaires

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1995/2000 (2)
the product
under which imports into the Community of
concerned originating in Algeria,
and produced by the
applicant, are subject
to a definitive anti-dumping duty of
EUR 6,88 per tonne with the exception of imports from a
company expressly mentioned from which un undertaking has
been accepted.

In order to obtain the information it deems necessary for its
investigation, the Commission will send a questionnaire to the
applicant.

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

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

(2) OJ L 238, 22.9.2000, p. 15. Regulation as last amended by Council

Regulation (EC) No 1675/2003 (OJ L 238, 25.9.2003, p. 4).

(b) Collection of information and holding of hearings

interested parties are hereby invited to make their views

All
known in writing and to provide supporting evidence.

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the Commission may hear

interested parties,
Furthermore,
provided that they make a request in writing showing that
there are particular reasons why they should be heard.

does not cooperate, or cooperates only partially, and findings
are therefore based on facts available in accordance with
Article18 of
the result may be less
the basic Regulation,
favourable to that party than if it had co-operated.

F. REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF
IMPORTS

Pursuant
to Article 11(4) of the basic Regulation, the anti-
dumping duty in force should be repealed with regard to
imports of
the product concerned which are produced and
sold for export to the Community by the applicant. At the
same time, such imports should be made subject to registration
in accordance with Article 14(5) of the basic Regulation,
in
order to ensure that, should the review result in a finding of
dumping in respect of the applicant, anti-dumping duties can be
levied retroactively from the date of the initiation of this review.
The amount of the applicant’s possible future liabilities cannot
be estimated at this stage of the proceedings.

G. TIME LIMITS

In the interest of sound administration, time limits should be
stated within which:

— interested parties may make themselves known to the
Commission, present
their views in writing and submit
the replies to the questionnaire mentioned in paragraph
E(a) of this Regulation or provide any other information
to be taken into account during the investigation,

— interested parties may make a written request to be heard by

the Commission.

H. 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
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.

significantly impedes

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

HAS ADOPTED THIS REGULATION:

Article 1

A review of Council Regulation (EC) No 1995/2000 is hereby
initiated pursuant to Article 11(4) of Council Regulation (EC)
No 384/96 in order to determine if and to what extent the
imports of mixtures of urea and ammonium nitrate in aqueous
or ammoniacal solution falling within CN code 3102 80 00
originating in Algeria, produced and sold for export to the
Community by Fertial SPA (TARIC additional code: A573)
should be subject
to the anti-dumping duty imposed by
Council Regulation (EC) No 1995/2000.

Article 2

The anti-dumping duty imposed by Council Regulation (EC) No
1995/2000 is hereby repealed with regard to the imports iden-
tified in Article 1 of the present Regulation.

Article 3

The customs authorities are hereby directed, pursuant to Article
14(5) of Council Regulation (EC) No 384/96, to take the appro-
priate steps to register the imports identified in Article 1 of this
Regulation. Registration shall expire nine months following the
date of entry into force of this Regulation.

Article 4

Interested parties, if their representations are to be taken
1.
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in paragraph
information, unless
E(a) of
otherwise specified, within 40 days of the entry into force of
this Regulation. 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 afore-
mentioned period.

this Regulation or any other

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Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

Any information relating to the matter and any request for a
hearing should be sent to the following address:

All submissions and requests made by interested parties
2.
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
including the infor-
interested party. All written submissions,
mation requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential basis
shall be labelled as ‘Limited Distribution’ (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’.

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

Article 5

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 October 2004.

For the Commission

Pascal LAMY
Member of the Commission

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council (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).