Proposal for a Council Regulation amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96
Date: 2005-05-23
Institutions: European Commission
Subjects: Russia, Ukraine, anti-dumping duty, anti-dumping legislation, fertiliser, import, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.5.2005 
COM(2005) 205 final 

Proposal for a 

COUNCIL  REGULATION 

amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on 
imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 
imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, 
inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of 
Council Regulation (EC) No 384/96 

(presented by the Commission) 

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E X P L A N A T O RY  M E M O R A N D UM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of 
22 December  1995 on protection  against  dumped imports from  countries not  members 
the  European  Community,  as  last  amended  by  Council  Regulation  (EC) 
of 
No 461/2004 of  8  March  2004 ("the  basic Regulation")  in  the proceeding  concerning 
imports of ammonium nitrate originating in Russia and Ukraine. 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result  of  an investigation  which  was carried  out in line with  the substantive and 
procedural requirements laid out in the basic Regulation. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  already  had  the  possibility  to 
defend  their  interests  during  the investigation, in  line  with  the provisions  of  the  basic 
Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

• 

Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

On  2  July  2004, the  Commission  initiated  a  partial  interim  review  investigation  with 
regard to imports of ammonium nitrate originating in Russia and Ukraine. The purpose 

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of  this review was to examine whether the existing measures were no longer  sufficient 
to counteract the dumping which was causing injury because of imports of new product 
types  which  were  alleged  to  have  the  same  physical  properties  and  end-uses  as 
ammonium nitrate. 

Following  an  examination  of  the  information  submitted  by  all  the  various  parties  as 
well  as  the  statistics  available,  it  was  found  that  the  new  product  types  incorporated 
ammonium  nitrate,  but  contained  also  other  substances  which  did  not  affect  the 
properties  and  end-uses  of  the ammonium  nitrate  content.  It  was  therefore  concluded 
that  the  anti-dumping  measures  had  to  be  applied  to  the  new  product  types  in 
proportion to their content of ammonium nitrate. 

The  Member  States  were  consulted  regarding  this  review.  Twenty  Member  States 
supported  and  three  Member  States  opposed  the  proposal.  Two  Member  States 
abstained. 

It is therefore  proposed  that  the Council adopts the attached  proposal for  a  Regulation 
which  should  be  published  in  the  Official  Journal  of  the  European  Union  as soon  as 
possible. 

•  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 461/2004 of 8 March 2004. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of  the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality  principle 

The proposal complies with the proportionality principle for the following reasons. 

The form of action is described in the above-mentioned  basic Regulation and leaves no 
scope for national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Community, 
national governments, regional and local authorities, economic operators and citizens is 
minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of  instruments 

Proposed instruments: regulation. 

Other  means  would  not  be  adequate  because  the  basic  Regulation  does  not  foresee 
alternative options. 

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4)  BUDGETARY  IMPLICATION 

The proposal has no implication for the Community  budget. 

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Proposal for a 

COUNCIL  REGULATION 

amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on 
imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 
imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, 
inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of 
Council Regulation (EC) No 384/96 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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 Community1 (‘the basic 
Regulation’), and in particular Article 11 (3) thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory 
Committee, 

Whereas: 

A. 

PROCEDURE 

1.  Measures in force 

(1) 

By Regulation (EC) No 2022/952, the Council imposed a definitive  anti-dumping  duty 
on  imports  of  ammonium  nitrate  originating  in  Russia.  Pursuant  to  a  further 
investigation, which  established  that  the duty was being absorbed, the measures  were 
amended  by  Regulation  (EC)  No  663/983. Following  a  request  for  an  expiry  and  an 
interim review pursuant to Article 11(2) and 11(3) of the basic Regulation, the Council 
imposed  by  Regulation  (EC)  No  658/20024  a  definitive  anti-dumping  duty  of  47,07 
Euro per  tonne on imports of  ammonium  nitrate  falling  within  CN  codes 3102 30  90 
and 3102 40 90 and originating in Russia. 

2 

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4 

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). 
OJ L 198, 23.8.1995, p. 1. 
OJ L 93, 26.3.1998, p. 1. 
OJ  L  102,  18.4.2002,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  993/2004  (OJ  L  182, 
19.5.2004, p. 28). 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

By  Regulation  (EC)  No  132/20015, the  Council  imposed  a  definitive  anti-dumping 
duty of 33,25 Euro per tonne on imports of ammonium nitrate falling  within CN codes 
3102 30 90 and 3102 40 90 and originating in, inter alia, Ukraine. 

Regulation  (EC) 658/2002 and  Regulation  (EC) 132/2001 are referred  to hereafter  as 
‘the  original  Regulations’,  whereas  the  anti-dumping  duties  established  in  those 
Regulations are referred  to as ‘the existing measures’. 

2.  Request for review 

On 15 March 2004, the Commission received a request pursuant to Article 11(3) of the 
basic  Regulation  to  examine  the  scope  of  existing  measures  with  a  view  to  include 
new product types. 

The  request  was  lodged  by  the  European  Fertiliser  Manufacturers  Association 
(‘EFMA’) on  behalf  of  producers  representing  a major  proportion  of  the  Community 
production of ammonium nitrate. 

The request referred  to new product types defined  as ammonium nitrate fertilisers  with 
a nitrogen (‘N’) content  exceeding 28% and up to 33% by weight, to which up to and 
including 5% of P2O5 equivalent (phosphorus nutrient, ‘P’) and/or up to and including 
5%  of  K2O  equivalent  (potassium  nutrient,  ‘K’)  were  added,  blended,  mixed  or 
processed. These products are referred  to hereafter  as ‘new product types mentioned in 
the request’. 

It was argued  that the new product  types mentioned  in the request  had essentially  the 
same  basic  physical  and  chemical  characteristics  as  the  product  concerned  and  were 
sold through the same channel of sales to the same end-users for the same purposes. In 
addition,  the  request  mentioned  that  the  new  product  types  were  classified,  when 
imported into the Community, under the following  CN codes: 3105 10 00, 3105 20 10, 
3105 20 90, 3105 51 00, 3105 59 00 and 3105 90 91. 

3. 

Initiation 

On 2 July 2004, by a notice (‘notice of  initiation’) published  in the Official  Journal of 
the  European  Union,  the  Commission  initiated  a  partial  interim  review  of  the  anti 
dumping  measures  applicable  to  imports  of  ammonium  nitrate  originating  in  Russia 
and Ukraine pursuant to Article 11(3) of the basic Regulation. The interim review was 
limited in scope to the definition  of the product concerned. 

(9)  With  a  submission  made  on  20  September  2004,  EFMA  informed  the  Commission 
that a Russian  producer  of  the product  concerned  had just started production  of  a new 
product type not mentioned in the request, with an N content exceeding 28% to which 
6% of  P was added. As a consequence, EFMA requested  the Commission  to consider 
solutions enabling to properly address all new product types of ammonium nitrate with 
an N content  exceeding  28% by weight. Since the notice of  initiation  made  reference 
to ‘new product  types’ without any further  detail concerning their composition, it was 
considered that this latest request was already covered by the notice of  initiation. 

5 

OJ  L  23,  25.1.2001,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  993/2004  (OJ  L  182, 
19.5.2004, p. 28). 

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(10)  Some  interested  parties  argued  that  the  Commission  had  to  convert  ex-officio  the 
partial review  into a full  review  in the light  of  a number  of  circumstances  which  had 
occurred  since  the existing  measures  were imposed, including  the granting  of  market 
economy  status  to  Russia  and  the  enlargement  of  the  EU  to  ten  new  countries. 
However,  no  evidence  of  sufficient  accuracy  and  adequacy  was  submitted  which 
pointed to a change in the level of the measures. It was therefore  considered that there 
were  no grounds  for  an  ex-officio  full  interim  review. Firstly, the granting  of  market 
economy  status to Russia, per  se, did  not  mean  that  the circumstances  with  regard  to 
dumping and injury  for  individual producers had automatically  changed. No evidence 
was submitted showing that a dumping margin calculated on the basis of Russian costs 
and  prices,  as  opposed  to  those  in  an  analogue  country,  were  significantly  different 
from 
in  the  past  investigations.  Secondly,  enlargement  did  not 
automatically  vary  the dumping  and  injury  parameters  which  formed  the basis  of  the 
existing  measures  and  no sound  evidence  was presented  to justify  any change  in  this 
respect. 

those  found 

(11) 

In  addition, some  interested  parties  requested  clarification  as to why  the initiation of 
the  investigation  concerned  Ukraine  as  well,  considering  that  in  the  request  no 
reference  was made to imports of new product types originating in this country. Given 
that  the  interim  review  was  limited  in  scope  to  the  clarification  of  the  product 
concerned,  it  was  considered  that  any  finding  in  this  respect  was  not  linked  to 
circumstances  that  were  specific  to any  individual  country, but  would  rather  apply  to 
all imports of ammonium nitrate subject to measures, whatever the origin. 

(12)  Finally,  a  Community  producer  of  the  product  concerned  argued,  during  the 
investigation, that one of the new product types was classified  under CN code 3105 90 
99. With  reference  to  CN  codes  3105 20  90 (mentioned  in  the request)  and  3105 90 
99, the investigation  revealed  that  these codes covered  only fertilisers  with a  nitrogen 
content  not  exceeding  10% by weight  on the dry anhydrous  product. It was  therefore 
concluded that these codes could not be taken into account, since they did not cover, a 
fortiori,  fertilisers  which, in normal  conditions, contained  more than  28% of  nitrogen 
by weight. 

4.  Questionnaires 

(13)  The  Commission  officially  advised  the  authorities  of  the  exporting  countries  and  all 
the parties known to be concerned of the initiation of  this review. Questionnaires were 
sent  to  sixteen  producers/exporters  in  Russia  and  one  in  Ukraine,  as  well  as  to 
importers, users, producers and  relevant  associations in the Community, named in the 
request  or  otherwise  known  to  the  Commission.  Interested  parties  were  given  the 
opportunity  to make their views known in writing  and to request  a hearing within  the 
time limit set in the notice of  initiation. 

(14)  Completed  replies  to the  questionnaires  were  received  from  two exporting  producers 
in Russia and one in Ukraine, and from  eleven producers in the Community. A number 
of  exporting  producers,  producers  in  the  Community,  importers  and  relevant 
associations manifested  themselves as interested parties and sent comments. Given the 
availability  of  all  necessary  information  and  data  needed,  it  was  not  considered 
necessary  to  carry  out  verification  visits  at  the  premises  of  the  companies  that 
submitted completed replies. 

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5. 

Investigation period 

(15)  The investigation  period (‘IP’) covered  the period  from  1 July 2003 to 30 June 2004. 
Data  were  collected  from  2000  up to  the end  of  the IP  to investigate  trends  in  sales, 
imports and  purchases in the Community  market  of  the product  concerned  and  of  the 
new product types. 

B. 

PRODUCT CONCERNED UNDER THE ORIGINAL  REGULATIONS 

(16)  The product concerned is ammonium nitrate originating in Russia and Ukraine, falling 
within CN codes 3102 30 90 (ammonium nitrate other  than in aqueous solutions) and 
3102 40 90 (mixtures of  ammonium  nitrate with calcium carbonate or other  inorganic 
non-fertilising  substances, with  an N content  exceeding  28% by weight). Ammonium 
nitrate  is  a  solid  nitrogen  fertiliser  commonly  used  in  agriculture. It  is  manufactured 
from  ammonia  and  nitric acid, and  its N content  exceeds 28% by weight  in prilled  or 
granular  form. 

(17) 

(18) 

limited  quantities.  The  presence  of 

It  is  noted  that  the  product  concerned  always  incorporates  inorganic  non-fertilising 
substances,  the  presence  of  which  is  necessary,  since  they  act  as  a  stabiliser. 
Occasionally,  it  can  also  incorporate  secondary  nutrients  and/or  micro-nutrients6  in 
very 
inorganic  non-fertilising  substances, 
secondary nutrients and/or micro-nutrients can be considered as marginal and does not 
have  any  influence  on  the  customs  classification  of 
the  product  concerned. 
Ammonium nitrate, inclusive of these substances and/or nutrients (hereinafter  referred 
to  as  ‘marginal  substances  and/or  nutrients’),  is  referred  to  in  this  Regulation  as  the 
‘product concerned’. 

C. 

RESULTS OF THE INVESTIGATION 

In  order  to  determine  whether  the  existing  measures  were  no  longer  sufficient  to 
counteract  the  dumping  which  was  causing  injury,  it  was  examined  whether: (1)  the 
new  product  types  mentioned  in  the  request  shared  the  same  chemical  and  physical 
characteristics  and  end-uses  as  the  product  concerned;  (2)  there  were  new  product 
types other  than  those mentioned  in the request  which  shared  or may have shared  the 
same chemical and physical characteristics and end-uses as the product concerned; (3) 
on  the  basis  of  the  facts  established  under  the  previous  points,  the  definition  and 
description  of  the  product  concerned  had  to  be  clarified  in  the  light  of  the  new 
circumstances. 

(19)  For the definition  of the chemical and agronomic concepts used in this Regulation, use 
has  been  made  of  the  definitions  given  in  Regulation  (EC)  No  2003/20037  (the 
‘fertilisers  Regulation’)  of  primary  nutrients  (N, P, K), secondary  nutrients  (calcium, 
magnesium,  sodium  and  sulphur),  micro-nutrients  (boron,  cobalt,  copper,  iron, 
manganese,  molybdenum  and  zinc),  ammonium  nitrate  fertilisers  of  high  nitrogen 
content  (N above 28%), straight  fertilisers  (only  one primary  nutrient) and  compound 
fertilisers (more than one primary nutrient). 

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For  the  definition  of  ‘secondary  nutrients’ and  ‘micro-nutrients’, see recital  19 of  this Regulation  and 
Articles 2(c) and 2(d) of Regulation (EC) No 2003/2003 (OJ L 304, 21.11.2003, p. 1). 
OJ L 304, 21.11.2003, p. 1. 

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1.  Chemical  and  physical  characteristics  and  end-uses  of  the  product 

concerned and of the new product types mentioned in the request 

(20)  The product  concerned  is manufactured  from  ammonia  (NH3) and nitric acid (HNO3), 
the combination  of  which  results in  ammonium  nitrate  (NH4NO3, hereinafter  referred 
to  as  ‘AN’).  The  N  content  of  the  product  concerned  exceeds  28%  by  weight  (it 
normally ranges between 33% and 34%). The ratio between the AN content and the N 
content, which  depends  on  the atomic  weight  of  the elements, is 2.86.  Consequently, 
since the product  concerned  contains more than 28% by weight of  N, it  automatically 
contains  more  that  80%  by  weight  of  AN  (normally  between  94%  and  97%)8.  As 
mentioned  in  recital  17, the product  concerned  incorporates  also  marginal  substances 
and/or  nutrients, the overall content of  which can never exceed 20% by weight, given 
that at least 80% of the product concerned is represented by AN. 

(21)  There  are  two  key  features  characterising  the  chemical  composition  of  the  product 
concerned:  the  expression  of  the  N  content  and  the  overall  level  of  the  N  and  AN 
content.  The  N  is  expressed  as  nitric  nitrogen  (nitrate  ion  NO3-) and  as  ammoniacal 
nitrogen (ammonium ion NH4+), and the ratio between the two is 1:1. The level of  the 
N content  always exceeds 28% by weight and, consequently, as seen above, the level 
of AN always exceeds 80% by weight. 

(22)  With respect to the new product types mentioned in the request, it was found  that they 
were  also  manufactured  from  ammonia  and  nitric  acid, the  N content  exceeded  28% 
by  weight  and,  consequently,  the  AN  content  exceeded  80% by  weight.  Beside  AN, 
these  new  product  types  could  also  incorporate  marginal  substances  and/or  nutrients. 
In these products the N was also expressed as nitric nitrogen and ammoniacal nitrogen 
and the ratio between the two was also approximately 1:1. 

(23)  However,  the  new  product  types  mentioned  in  the  request  underwent  an  additional 
process  aimed  at  adding  primary  nutrients9  other  than  N,  i.e.  P  and/or  K,  whose 
presence  transformed  the  product  into  a  compound  fertiliser10.  This  compound 
fertiliser  could be obtained chemically or by blending. In spite of this addition of  other 
primary nutrients and regardless of  the type of  transformation  (chemical or blending), 
it was found  that this process did not affect  any of the key chemical features of the AN 
contained therein, that is the expression of the N content and the overall level of N and 
AN, which exceeded, respectively, 28% and 80% by weight. 

(24) 

In  particular,  with  regard  to  the  overall  level  of  N  and  AN,  a  distinction  had  to  be 
made between compound  fertilisers  obtained  chemically  and obtained  by blending. In 
the first  case, the maximum  content  of  5% of  P and/or  K, as indicated  in the  request, 
was  found  to  be  chemically  compatible  with  an  AN  content  exceeding  80%  (the 
maximum  room  left  for  P  and/or  K  in  compounds  exceeding  80%  of  AN  varied 
between a maximum amount of  7.4% and 12% by weight according to the component 
used  – 7,4% for  ammonium  polyphosphate, 9,2% for  diammonium  phosphate, 10,4% 
for  monoammonium  phosphate  and  12%  for  potassium  chloride).  In  case  of 

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10 

The  atomic  weight  of  N is 14.0067, of  H – hydrogen  - is 1.00794 and  of  O – oxygen  - 15.9994. The 
overall weight of AN is therefore  80.04, of which 28.01 is represented by N. The ratio between AN and 
N corresponds to 2.86. 
See recital 19 of this Regulation and definition  given in Article 2(b) of the fertilisers  Regulation. 
See recital 19 of this Regulation and definition  given in Article 2(j) of the fertilisers  Regulation. 

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compounds  obtained  by  blending  operations,  it  was  found  that  the  resulting  product 
consisted in granules or prills of  the product concerned blended with granules or prills 
of  P  and/or  K  nutrients  in  a  way  that  ensured  that,  out  of  the  overall  weight  of  the 
compound, at least 80% was represented by AN. 

(25)  With  regard  to the physical  properties, it was found  that  these were strictly  related  to 
the agronomic characteristics and could therefore  be examined in relation to the latter. 
In  general,  the  agronomic  properties  of  a  fertiliser  depended  mainly  on  the  primary 
nutrients11 contained therein, their expression and their quantity by weight. In the light 
of  these  three  criteria,  it  was  found  that  both  the  product  concerned  and  the  new 
product  types mentioned  in the request  had  the same agronomic properties in  relation 
to  their  N  and  AN  content.  The  expression  of  N  –  which  was  the  same  for  both 
categories  of  products  - allowed  to meet  the  requirements  of  the  crops  for  N both  in 
the short  term  and  in the medium/long  term. Indeed, the part  of  N expressed  as  nitric 
nitrogen  could  be  easily  and  promptly  absorbed  by  the  crops,  whereas  the  part 
to  undergo  an  additional  process 
expressed  as  ammoniacal  nitrogen  needed 
(fermentation  by  the  bacteria  in  the  soil)  before  being  absorbed.  In  addition,  the 
threshold  of  28%  also  appeared  important  to  meet  the  specific  needs  for  N  of  the 
crops,  as  it  was  acknowledged  at  a  Community  level  by  the  fertilisers  Regulation, 
which, in its Article 25, established  that  ammonium  nitrate fertilisers  of  high  nitrogen 
content  could  be defined  as such  only  if  they contained  more  than  28% by weight of 
N. It followed  that the specific  needs of  the crops for  N were equally fulfilled  by both 
the product  concerned  and the new product  types mentioned in the request,  regardless 
of the fact that the latter also contained primary nutrients other than N, i.e. P and/or  K, 
which did not undermine the agronomic properties of the N. 

(26)  Finally, with regard to end-uses, no parties contested that – as long as the required AN 
was  met  -  both  the  product  concerned  and  the  new  product  types  mentioned  in  the 
request  were  used  during  the  IP  by  the  same  farmers  for  the  same  purposes.  This 
conclusion  was supported  by a market  survey, which  found  that  almost  the totality of 
the farmers  which accepted  to participate in the survey had switched from  the product 
concerned  to  the  new  product  types  because  they  were  cheaper.  This  fact  was  also 
confirmed  by an importer. 

(27) 

(28) 

In  addition,  a  public  source  referred  to  these  new  product  types  either  as  AN  or 
NP/NK/NPK.  This evidence  supported  the conclusion  that  the market  strategy  of  the 
supplier  (exporting  producer  and  importer)  and  the  perception  of  the  consumer 
converged on considering the product concerned and the new product types as meeting 
the same needs. 

It  was  therefore  concluded  that,  from  a  chemical  and  physical/agronomic  point  of 
view, the new  product  types mentioned  in the request  could  not  be considered  as  the 
product  concerned  because of  the presence of  primary  nutrients other  than  N, namely 
P and/or  K. However, the product  concerned  and the new product  types mentioned  in 
the request were identical in relation to their AN content – as long as it exceeded 80% 
by weight  -, the marginal  substances and nutrients that  they might  contain, as well  as 
their  basic  end-uses.  Therefore,  the  AN  content  and  the  marginal  substances  and 

11 

See recital 19 of this Regulation and definition  given in Article 2(b) of the fertilisers  Regulation. 

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nutrients of  the new product  types mentioned in the request should also be considered 
as product concerned. 

2.  Chemical  and  physical  characteristics  and  end-uses  of  the  product 
concerned  and  of  new  product  types  other  than  those  mentioned  in  the 
request 

(29) 

It  was  also  investigated  whether  there  were  new  product  types  other  than  those 
mentioned  in  the  request  which  shared  or  might  share  the  same  basic  chemical  and 
physical  characteristics  and  end-uses  as  the  product  concerned,  and  which  should 
therefore also fall within the scope of the product concerned. 

(30)  As mentioned before, the key chemical characteristics attributing agronomic properties 
which  characterised  the product  concerned  were  the expression  of  the  N content  and 
the  overall  level  of  N  and  AN.  Thus,  it  was  examined  whether  other  fertilisers 
contained  or might contain N expressed as nitric nitrogen and ammoniacal  nitrogen at 
a  level exceeding 28% by weight  (and, consequently, an AN level exceeding 80% by 
weight). 

(31)  The  following  new  product  types  were  identified:  (1)  double  salts  and  mixtures  of 
ammonium  sulphate and  ammonium  nitrate (currently  classified  under CN code  3102 
29  00),  (2)  double  salts  and  mixtures  of  calcium  nitrate  and  ammonium  nitrate 
(currently  classified  under  CN  code  3102  60  00),  (3)  double  salts  and  mixtures  of 
magnesium  compound  salts  and  ammonium  nitrate  (currently  classified  under  CN 
code  3102  90  00), and  (4)  NPK,  NP  and  NK  fertilisers,  whose  P,  K  or  PK  content 
exceeded  that identified  in the request  (5%) but not the threshold  that was  chemically 
possible with an N content exceeding 28% (see recital 24). This list is not exhaustive. 

(32)  With  regard  to  their  end-uses,  it  was  found  that  their  chemical  structure  and  the 
agronomic  properties  were  such  to  make  them  suitable  to  be  used  for  the  same 
purposes  as the product  concerned  as long  as their  N  content  was sufficient,  i.e. at  a 
level  exceeding  28% by  weight  (and,  consequently,  an  AN  level  exceeding  80%  by 
weight). 

(33) 

It was therefore  concluded that the product concerned and the new product types other 
than those mentioned in the request were identical in relation to their AN content  – as 
long as it  exceeded  80% by  weight  -, the marginal  substances  and  nutrients that  they 
might  contain,  as  well  as  their  basic  end-uses.  Therefore,  the  AN  content  and  the 
marginal substances and nutrients of the new product types other than those mentioned 
in the request should also be considered as product concerned. 

(34)  Some interested parties claimed that the inclusion of fertilisers which were not  flagged 
as  problematic  in  the  request  was  unjustifiable.  In  this  respect  it  is  noted  that  the 
purpose  of  this  investigation  was  to  include  all  new  product  types, which  should  be 
considered as product concerned because they have essentially the same basic physical 
and  chemical  characteristics  and  the  same  basic  uses.  Accordingly,  in  the  notice  of 
initiation  reference  was  made  to  ‘new  product  types’  without  any  additional  detail 
concerning  their  chemical  composition,  with  a  view  to  examine  on  the  basis  of 
objective  criteria  whether  and  which  new  product  types  should  be  included.  It  was 
therefore  considered  that  all  types  of  fertilisers  that  incorporated  the  product 

EN 

11 

EN 

concerned,  and  their  tariff  classification,  could  be  investigated  and  included  in  this 
Regulation. Hence, the claim had to be rejected. 

3. 

Conclusions 

(35) 

(36) 

In the light of  the above findings, it is concluded  that all new product  types should  be 
considered  as  product  concerned  exclusively  in  relation  to  their  content  of  AN  -  as 
long  this  exceeds  80% by  weight  –  together  with  marginal  substances  and  nutrients, 
but  not  as far  as the  primary  nutrients  P  and  K are  concerned.  As  a consequence, in 
order to apply the existing measures only to the product  concerned  incorporated  in all 
new  product  types,  the  proportional  application  of  the  existing  measures  appears 
warranted. 

In this respect, it is considered  that, in case of  imports of  compounds12 of  ammonium 
nitrate  fertilisers  with  a  nitrogen  content  exceeding  28%  by  weight,  the  existing 
measures should be applied in proportion to their content of AN and of  other  marginal 
substances  and  nutrients. With  a  view  to  simplifying  the  customs  procedure  and  the 
application  of  the  appropriate  duty  rates  corresponding  to  the  amount  of  product 
concerned incorporated  in the compound, 4 ranges of  duty rates have been  established 
corresponding  each  to  a  group  of  compounds  containing  the  first  less  than  3%  by 
weight of P and/or K, the second 3% by weight or more but less than 6% by weight of 
P and/or  K, the third 6% by weight or more but less than 9% by weight of  P and/or K 
and the fourth 9% by weight or more but not exceeding 12% by weight of P and/or K. 

(37)  Finally,  it  is  concluded  that  the  description  of  the  product  concerned  given  in  the 
operative  part  of  the  original  Regulations  needs  to  be  clarified:  the  wording 
‘ammonium  nitrate’ should be replaced by ‘solid fertilisers  with an ammonium  nitrate 
content exceeding 80% by weight’, to acknowledge that several fertilisers  have an AN 
content  exceeding 80% by weight, and have an N content  expressed  as nitric nitrogen 
and  ammoniacal  nitrogen  exceeding  28% by weight, and  to avoid  confusion  between 
the product concerned and its major content (AN). 

(38)  Several  interested  parties  disagreed  with  what  they  defined  as  an  extension  of  the 
existing measures to products other than the product concerned. It is reminded that the 
above  conclusions  do  not  foresee  the  extension  of  the  existing  measures  as  such  to 
new  product  types, but  only  their  proportional  application  to  the  product  concerned 
incorporated in the new product types, 

HAS ADOPTED THIS REGULATION: 

Article  1 

1. 

Article 1.1 of Regulation (EC) No 658/2002 shall be replaced by the  following: 

‘1.  A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  solid 
fertilisers  with  an  ammonium  nitrate  content  exceeding  80%  by  weight,  falling 
within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 

12 

In line with the definition  given in Article 2(j) of the fertilisers  Regulation. 

EN 

12 

EN 

00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91, 
and originating in Russia.’ 

2. 

Article 1.1 of Regulation (EC) No 132/2001 shall be replaced by the  following: 

‘1.  A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  solid 
fertilisers  with  an  ammonium  nitrate  content  exceeding  80%  by  weight,  falling 
within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 
00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91, 
and originating in Ukraine.’ 

3. 

Article 1.2  of Regulation (EC) No 658/2002 shall be replaced by the  following: 

‘2.  The  rate  of  the  definitive  anti-dumping  duty  shall  be a  fixed  amount  of  EUR 
per tonne as shown below: 

Product description 

CN code 

TARIC 
code 

Fixed 
amount 
of duty 
(euro per 
tonne) 

47,07 
47,07 

47,07 

47,07 

47,07 

47,07 

3102 30 90 
3102 40 90 

3102 29 00 

3102 60 00 

3102 90 00 

3105  10 00 

--
--

10 

10 

10 

10 

3105  10 00 

20 

45,66 

3105  10 00 

30 

44,25 

3105  10 00 

40 

42,83 

3105  10 00 

50 

41,42 

3105 20 10 

30 

45,66 

ammonium  nitrate  content 

ammonium  nitrate  content 

ammonium  nitrate  content 

-  Ammonium nitrate other than in aqueous solutions 
-  Mixtures  of  ammonium  nitrate  with  calcium 
carbonate or other inorganic non-fertilising  substances, 
with a nitrogen content exceeding 28% by weight 
-  Solid  fertilisers  with  an 
exceeding 80% by weight 
-  Solid  fertilisers  with  an 
exceeding 80% by weight 
-  Solid  fertilisers  with  an 
exceeding 80% by weight 
ammonium  nitrate  content 
-  Solid  fertilisers  with  an 
exceeding  80% by weight, with  no phosphorus  and  no 
potassium content 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated as K2O of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated  as  K2O  of  3%  by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated  as  K2O  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated  as  K2O  of  9%  by  weight  or  more  but  not 
exceeding 12% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as K2O of less than 3% by weight 

EN 

13 

EN 

-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as K2O of  3% by weight  or more  but  less than 6% by 
weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as K2O of 6% by weight or more but less than 9% 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as  K2O  of  9%  by  weight  or  more  but  not  exceeding 
12% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated as P2O5 of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  3% by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  9%  by  weight  or  more  but  not 
exceeding 10.40% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated as P2O5 of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  3% by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  9%  by  weight  or  more  but  not 
exceeding 10.40% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated as K2O of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated  as  K2O  of  3%  by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated  as  K2O  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated  as  K2O  of  9%  by  weight  or  more  but  not 
exceeding 12% by weight 

3105 20 10 

40 

44,25 

3105 20 10 

50 

42,83 

3105 20 10 

60 

41,42 

3105 51 00 

10 

45,66 

3105 51 00 

20 

44,25 

3105 51 00 

30 

42,83 

3105 51 00 

40 

42,17 

3105 59 00 

10 

45,66 

3105 59 00 

20 

44,25 

3105 59 00 

30 

42,83 

3105 59 00 

40 

42,17 

3105 90 91 

30 

45,66 

3105 90 91 

40 

44,25 

3105 90 91 

50 

42,83 

3105 90 91 

60 

41,42’ 

EN 

14 

EN 

4. 

Article 1.2 of Regulation (EC) No 132/2001 shall be replaced by the following: 

‘2.  The  rate  of  the  definitive  anti-dumping  duty  shall  be a  fixed  amount  of  EUR 
per tonne as shown below: 

Product description 

CN code 

TARIC 
code 

Fixed 
amount 
of duty 
(euro per 
tonne) 

33,25 
33,25 

33,25 

33,25 

33,25 

33,25 

32,25 

3102 30 90 
3102 40 90 

3102 29 00 

3102 60 00 

3102 90 00 

3105  10 00 

3105  10 00 

--
--

10 

10 

10 

10 

20 

3105  10 00 

30 

31,25 

3105  10 00 

40 

30,26 

3105  10 00 

50 

29,26 

3105 20 10 

30 

32,25 

3105 20 10 

40 

31,25 

3105 20 10 

50 

30,26 

3105 20 10 

60 

29,26 

ammonium  nitrate  content 

ammonium  nitrate  content 

ammonium  nitrate  content 

-  Ammonium nitrate other than in aqueous solutions 
-  Mixtures  of  ammonium  nitrate  with  calcium 
carbonate or other inorganic non-fertilising  substances, 
with a nitrogen content exceeding 28% by weight 
-  Solid  fertilisers  with  an 
exceeding 80% by weight 
-  Solid  fertilisers  with  an 
exceeding 80% by weight 
-  Solid  fertilisers  with  an 
exceeding 80% by weight 
ammonium  nitrate  content 
-  Solid  fertilisers  with  an 
exceeding  80% by weight, with  no phosphorus  and  no 
potassium content 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated as K2O of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated  as  K2O  of  3%  by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated  as  K2O  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and/or  a  potassium  content 
evaluated  as  K2O  of  9%  by  weight  or  more  but  not 
exceeding 12% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as K2O of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as K2O of  3% by weight  or more  but  less than 6% by 
weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 
as K2O of 6% by weight or more but less than 9% 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  and  a  potassium  content  evaluated 

EN 

15 

EN 

as  K2O  of  9%  by  weight  or  more  but  not  exceeding 
12% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated as P2O5 of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  3% by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  9%  by  weight  or  more  but  not 
exceeding 10.40% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated as P2O5 of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  3% by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  phosphorus  content 
evaluated  as  P2O5  of  9%  by  weight  or  more  but  not 
exceeding 10.40% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated as K2O of less than 3% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated  as  K2O  of  3%  by  weight  or  more  but  less 
than 6% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated  as  K2O  of  6%  by  weight  or  more  but  less 
than 9% by weight 
-  Solid  fertilisers  with  an  ammonium  nitrate  content 
exceeding  80%  by  weight,  and  a  potassium  content 
evaluated  as  K2O  of  9%  by  weight  or  more  but  not 
exceeding 12% by weight 

3105 51 00 

10 

32,25 

3105 51 00 

20 

31,25 

3105 51 00 

30 

30,26 

3105 51 00 

40 

29,79 

3105 59 00 

10 

32,25 

3105 59 00 

20 

31,25 

3105 59 00 

30 

30,26 

3105 59 00 

40 

29,79 

3105 90 91 

30 

32,25 

3105 90 91 

40 

31,25 

3105 90 91 

50 

30,26 

3105 90 91 

60 

29,26’ 

EN 

16 

EN 

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

Article 2 

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

Done at Brussels, 

For the Council 
The President 

EN 

17 

EN