Notice of initiation of a partial interim review of the antidumping measures applicable to imports of potassium chloride originating in Belarus
Date: 2005-04-13
Institutions: European Commission
Subjects: Belarus, anti-dumping legislation, chemical salt

13.4.2005

EN

Official Journal of the European Union

C 89/7

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

(2005/C 89/04)

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’).

5. Procedure for the determination of dumping

1. Request for review

The request was lodged by the Republican Unitary Enterprise
‘PA Belaruskali’ (‘the applicant’) the sole exporting producer in
Belarus.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

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, with a
view to determine the applicant's margin of dumping and the
level of duty to which imports of the product concerned into
the Community should be subject.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant mentioned in paragraph 1.

2. Product

(a) Questionnaires

The product under review is potassium chloride originating in
Belarus (‘the product concerned’), currently classifiable within
CN codes 3104 20 10, 3104 20 50, 3104 20 90, and special
mixtures currently classifiable within CN codes ex 3105 20 10,
and
ex 3105 20 90,
ex 3105 90 99. These CN codes are given only for informa-
tion.

ex 3105 60 90,

ex 3105 90 91

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
information and supporting
country concerned. This
evidence should reach the Commission within the time
limit set in paragraph 6(a)(i) of this notice.

3. Existing measures

(b) Collection of information and holding of hearings

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 3068/92 (2).

4. Grounds for the review

submit

All interested parties are hereby invited to make their views
known,
than questionnaire
replies and to provide supporting evidence. This informa-
tion and supporting evidence must reach the Commission
within the time limit set in paragraph 6(a)(i) of this notice.

information other

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

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(a)(ii)of this notice.

The applicant alleges and provides evidence showing that a
comparison of normal value
in an appropriate market
economy third country and its export prices to the EU over an
extended period, would lead to a reduction of dumping signifi-
cantly below the level of the current measures. Therefore, the
continued imposition of the measures at the existing level,
which is based on the dumping previously established, are no
longer necessary to offset dumping.

(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 308, 24.10.1992, p. 41. Regulation as last amended by
Council Regulation (EC) No 992/2004 (OJ L 182, 19.5.2004, p.
23).

(c) Selection of the market economy country

In the previous investigation which led to the imposition of
the existing measures, Canada was used as an appropriate
market economy country for the purpose of establishing
normal value in respect of Belarus. The Commission envi-
sages to use Canada again for this purpose in accordance
with Article 2(7) of the basic Regulation. Interested parties
are herby invited to comment on the appropriateness of
this country within the specific time limit set in point 6(b)
of this notice.

C 89/8

EN

Official Journal of the European Union

13.4.2005

6. Time limits

(a) General time limits

(i) For p ar t i e s

to ma ke th e mse lv e s known,

t o
submi t q u e sti onnai r e r e p li e s and a ny oth e r
i nf or ma t i on

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. Furthermore, the applicant has to submit its
questionnaire reply within the aforementioned period
of 40 days.

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.
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,
accompanied by a non-confidential
version, which will be labelled ‘FOR INSPECTION BY INTER-
ESTED PARTIES’.

shall be

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

(ii) He a r i ng s

8. Non-cooperation

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

(b) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of Canada which, as mentioned in para-
graph 5(c) of this notice, is envisaged as a market-economy
country for the purpose of establishing normal value in
reach the
respect of Belarus. These comments must
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Union.

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
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. If an interested
party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

(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