Council Regulation (EC) No 945/2005 of 21 June 2005 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 Regulation (EC) No 384/96
Date: 2005-06-21
Institutions: Council of the European Union
Subjects: Russia, Ukraine, anti-dumping legislation, fertiliser

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 945/2005

of 21 June 2005

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 Regulation (EC) No 384/96

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
(‘the
countries not members of the European Community (1)
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 2022/95 (2), the Council imposed
a definitive anti-dumping duty on imports of ammonium
nitrate originating in Russia. Pursuant to a further inves-
tigation, which established that
the duty was being
absorbed,
the measures were amended by Regulation
(EC) No 663/98 (3). Following a request for an expiry
and an interim review pursuant to Articles 11(2) and
11(3) of the basic Regulation, the Council
imposed by
Regulation (EC) No 658/2002 (4) a definitive anti-
dumping duty of EUR 47,07 per tonne on imports of
ammonium nitrate falling within CN codes 3102 30 90
and 3102 40 90 and originating in Russia.

(3)

(4)

(5)

(6)

(2)

By Regulation (EC) No 132/2001 (5),
the Council
imposed a definitive anti-dumping duty of EUR 33,25

(7)

(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 198, 23.8.1995, p. 1.
(3) OJ L 93, 26.3.1998, p. 1.
(4) 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).

(5) OJ L 23, 25.1.2001, p. 1. Regulation as amended by Regulation (EC)

No 993/2004.

per
tonne on imports of ammonium nitrate falling
within CN codes 3102 30 90 and 3102 40 90 and origi-
nating in, inter alia, Ukraine.

Regulation (EC) No 658/2002 and Regulation (EC) No
132/2001 are referred to hereinafter as ‘the original
Regulations’ and the anti-dumping duties established in
those Regulations
existing
measures’.

referred to as

‘the

are

2. Request for review

On 15 March 2004, the Commission received a request
the basic Regulation to
pursuant
examine the scope of existing measures with a view to
including new product types.

to Article 11(3) of

The request was lodged by the European Fertiliser Manu-
facturers 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
fertilisers with a nitrogen (‘N’)
ammonium nitrate
content exceeding 28 % and up to 33 % by weight, to
which up to and including 5 % of P2O5 equivalent (phos-
‘P’) and/or up to and including 5 % of
phorus nutrient,
‘K’) were added,
K2O equivalent
(potassium nutrient,
are
blended, mixed or processed. These products
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 clas-
sified, when imported into the Community, under the
following
3105 20 10,
3105 20 90, 3105 51 00, 3105 59 00 and 3105 90 91.

3105 10 00,

codes:

CN

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3. Initiation

(12)

initiation’)
On 2 July 2004, by a notice (‘notice of
published in the Official
Journal of the European Union,
the Commission initiated a partial interim review of the
of
anti-dumping measures
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.

applicable

imports

to

(8)

(9)

(10)

By a submission made on 20 September 2004, the 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, the EFMA requested the Commission to
consider solutions enabling it to properly address all new
product types of ammonium nitrate with an N content
exceeding 28 % by weight. Since the notice of initiation
types’ without any
made reference to ‘new product
it was
further detail concerning their composition,
considered that this latest request was already covered
by the notice of initiation.

full

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 10 new
countries. However, no evidence of sufficient accuracy
submitted which pointed to a
and adequacy was
It was therefore
change in the level of the measures.
there were no grounds for an ‘ex-
considered that
officio’
the granting of
interim review. Firstly,
‘per se’, did not
market economy status to Russia,
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 those found
in the previous investigations. Secondly, enlargement
did not automatically vary the dumping and injury para-
meters which formed the basis of the existing measures
and no sound evidence was presented to justify any
change in this respect.

(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 that 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.

under

classified

types was

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

anhydrous product.

It was

4. Questionnaires

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 16 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.

Completed replies to the questionnaires were received
from two exporting producers in Russia and one in
Ukraine, and from 11 producers in the Community. A
in the
number of
exporting producers, producers
importers and relevant associations mani-
Community,
fested
sent
comments. Given the availability of all necessary infor-
mation and data needed, it was not considered necessary
to carry out verification visits at the premises of the
companies that submitted completed replies.

themselves

interested

parties

and

as

5. Investigation period

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
the
sales,
trends
Community market of the product concerned and of
the new product types.

purchases

imports

and

in

in

B. PRODUCT CONCERNED UNDER THE ORIGINAL
REGULATIONS

and Ukraine,

The product concerned is ammonium nitrate originating
falling within CN codes
in Russia
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.
is manu-
factured from ammonia and nitric acid, and its N
content exceeds 28 % by weight in prilled or granular
form.

It

(13)

(14)

(15)

(16)

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(17)

(18)

(19)

can

also

inorganic

substances,

is noted that

the product concerned always incor-
It
porates
the
non-fertilising
presence of which is necessary, since they act as a
incorporate
stabiliser. Occasionally,
it
secondary nutrients and/or micro-nutrients (6)
in very
limited quantities. The presence of inorganic non-ferti-
lising substances,
secondary nutrients and/or micro-
nutrients can be considered as marginal and does not
have any influence on the customs classification of the
inclusive of
product concerned. Ammonium nitrate,
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

(21)

it was examined whether:

In order to determine whether the existing measures were
no longer sufficient to counteract the dumping which
was causing injury,
(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
the product
physical characteristics and end-uses as
concerned;
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.

(3) on the basis of

given

(N, P, K),

definitions

Regulation

the definition of

For
the chemical and agronomic
concepts used in this Regulation, use has been made of
the
(EC) No
in
(the ‘Fertilisers Regulation’) of primary
2003/2003 (7)
nutrients
(calcium,
sulphur), micro-nutrients
magnesium,
(boron, cobalt, copper,
iron, manganese, molybdenum
and zinc), ammonium nitrate fertilisers of high nitrogen
fertilisers (only one
content
primary nutrient) and compound fertilisers (more than
one primary nutrient).

(N above 28 %), straight

sodium and

secondary

nutrients

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
(NH4NO3, hereinafter
results

in ammonium nitrate

(6) 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).

(7) OJ L 304, 21.11.2003, p. 1.

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
is 2.86. Consequently,
atomic weight of the elements,
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 also
incorporates marginal substances and/or nutrients, the
overall content of which can never exceed 20 % by
weight, given that
the product
concerned is represented by AN.

least 80 % of

at

the expression of

the product concerned:

Two key features characterise the chemical composition
the N
of
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, conse-
quently, 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
the AN content
28 % by weight and, consequently,
exceeded 80 % by weight. Beside AN,
these new
product types could also incorporate marginal substances
In these products the N was also
and/or nutrients.
expressed as nitric nitrogen and ammoniacal nitrogen
and the ratio between the two was also approximately
1:1.

(23) However,

the new product

an additional process

types mentioned in the
aimed at
request underwent
adding primary nutrients (9) other than N, i.e. P and/or
K, whose presence transformed the product
into a
compound fertiliser (10). 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
to say the expression of the N content and the overall
level of N and AN, which exceeded, respectively, 28 %
and 80 % by weight.

(8) 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.

(9) See recital 19 of this Regulation and definition given in Article 2(b)

of the Fertilisers Regulation.

(10) See recital 19 of this Regulation and definition given in Article 2(j)

of the Fertilisers Regulation.

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(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
component used — 7,4 % for
according
ammonium polyphosphate, 9,2 % for diammonium
phosphate, 10,4 % for monoammonium phosphate and
12 % for potassium chloride). In the case of 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 repre-
sented by AN.

to the

In general,

(25) With regard to the physical properties, it was found that
these were strictly related to the agronomic character-
istics and could therefore be examined in relation to
the agronomic properties of a
the latter.
fertiliser depended mainly on the primary nutrients (11)
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 cate-
gories of products — enabled the requirements of the
crops for N to be met 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 expressed as ammoniacal
nitrogen needed to undergo an additional process
(fermentation by the bacteria in the soil) before being
absorbed.
the threshold of 28 % also
appeared important to meet the specific needs for N of
the crops, as was acknowledged at a Community level by
the Fertilisers Regulation, which, in its Article 25, estab-
lished 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
the latter also contained primary nutrients other
that
than N,
i.e. P and/or K, which did not undermine the
agronomic properties of the N.

In addition,

the

and

concerned

new product

types
product
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 all the farmers who agreed 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)

either as AN or NP/NK/NPK. This

In addition, a public source referred to these new product
evidence
types
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 nutrients of the new product types mentioned in the
request
the product
concerned.

should also be

considered as

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

uses of
product
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
the product
physical characteristics and end-uses as
concerned, and which should therefore also fall within
the scope of the product concerned.

(26)

Finally, with regard to end-uses, no parties contested that
— as long as the required AN was met — both the

(11) See recital 19 of this Regulation and definition given in Article 2(b)

of the Fertilisers Regulation.

(30) As mentioned before,

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

level of N and AN. Thus,

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(31)

types were identified:

and ammonium nitrate

(1)
The following new product
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
classified
nitrate
(3) double salts and
under CN code 3102 60 00),
mixtures
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
the threshold that was
chemically possible with an N content exceeding 28 %
(see recital 24). This list is not exhaustive.

of magnesium compound

(5 %) but not

(currently

salts

(32) With regard to their end-uses,

it was found that their
chemical structure and the agronomic properties were
such as to make them suitable for use 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)

(34)

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 the product
concerned.

Some interested parties claimed that
the inclusion of
fertilisers which were not described 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 the
product concerned because they have essentially the same
basic physical and chemical characteristics and the same
initiation
basic uses. Accordingly,
reference was made to ‘new product types’ without any
additional detail concerning their chemical composition,
with a view to examining on the basis of objective
criteria whether and which new product types should
be included. It was therefore considered that all types
of
incorporated the product concerned,
and their tariff classification, could be investigated and
included in this Regulation. Hence, the claim had to be
rejected.

in the notice of

fertilisers that

(35)

(36)

(37)

(38)

3. Conclusions

In the light of the above findings, it is concluded that all
new product types should be considered as the product
concerned exclusively in relation to their content of AN
— as long as 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 conse-
quence, in order to apply the existing measures only to
the product concerned incorporated in all new product
types,
existing
measures appears warranted.

the proportional

application of

the

it

is considered that,

the existing measures

In this respect,
in the case of
imports of compounds (12) of ammonium nitrate ferti-
lisers with a nitrogen content exceeding 28 % by
weight,
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
the appropriate duty rates corresponding to the
of
amount of product
concerned incorporated in the
compound, four ranges of duty rates have been estab-
lished corresponding each to a group of compounds
containing respectively 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.

to

needs

clarified:

Finally, it is concluded that the description of the product
concerned given in the operative part of the original
Regulations
the wording
be
‘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).

interested parties disagreed with what

they
Several
the existing measures to
defined as an extension of
products other
is
concerned.
than the product
recalled 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,

It

(12) In line with the definition given in Article 2(j) of the Fertilisers

Regulation.

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HAS ADOPTED THIS REGULATION:

1. Article 1(1) of Regulation (EC) No 658/2002 shall be replaced by the following:

Article 1

A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an
falling within CN codes 3102 30 90,
ex 3105 20 10,

‘1.
ammonium nitrate content exceeding 80 % by weight,
3102 40 90,
ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91, and originating in Russia.’

ex 3102 29 00,

ex 3102 60 00,

ex 3102 90 00,

ex 3105 10 00,

2. Article 1(1) of Regulation (EC) No 132/2001 shall be replaced by the following:

A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an
falling within CN codes 3102 30 90,
ex 3105 20 10,

‘1.
ammonium nitrate content exceeding 80 % by weight,
3102 40 90,
ex 3102 60 00,
ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91, and originating in Ukraine.’

ex 3102 29 00,

ex 3102 90 00,

ex 3105 10 00,

3. Article 1(2) of Regulation (EC) No 658/2002 shall be replaced by the following:

The rate of the definitive anti-dumping duty shall be a fixed amount of Euro per tonne as shown

‘2.
below:

Product description

CN code

TARIC
code

Fixed amount of
duty
(Euro per tonne)

— 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

3102 30 90

3102 40 90

— Solid fertilisers with an ammonium nitrate content exceeding

3102 29 00

80 % by weight

— Solid fertilisers with an ammonium nitrate content exceeding

3102 60 00

80 % by weight

— Solid fertilisers with an ammonium nitrate content exceeding

3102 90 00

80 % by weight

— Solid fertilisers with an ammonium nitrate content exceeding
80 % by weight, with no phosphorus and no potassium content

3105 10 00

— 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

3105 10 00

—

—

10

10

10

10

20

47,07

47,07

47,07

47,07

47,07

47,07

45,66

— 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

3105 10 00

30

44,25

3105 10 00

40

42,83

3105 10 00

50

41,42

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Product description

— 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 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

CN code

TARIC
code

Fixed amount of
duty
(Euro per tonne)

3105 20 10

30

45,66

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’

L 160/8

EN

Official Journal of the European Union

23.6.2005

4. Article 1(2) of Regulation (EC) No 132/2001 shall be replaced by the following:

The rate of the definitive anti-dumping duty shall be a fixed amount of Euro per tonne as shown

‘2.
below:

Product description

CN code

TARIC
code

Fixed amount of
duty
(Euro per tonne)

— 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

3102 30 90

3102 40 90

— Solid fertilisers with an ammonium nitrate content exceeding

3102 29 00

80 % by weight

— Solid fertilisers with an ammonium nitrate content exceeding

3102 60 00

80 % by weight

— Solid fertilisers with an ammonium nitrate content exceeding

3102 90 00

80 % by weight

— Solid fertilisers with an ammonium nitrate content exceeding
80 % by weight, with no phosphorus and no potassium content

3105 10 00

— 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

3105 10 00

—

—

10

10

10

10

20

33,25

33,25

33,25

33,25

33,25

33,25

32,25

— 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 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

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

3105 51 00

10

32,25

23.6.2005

EN

Official Journal of the European Union

L 160/9

Product description

— 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

CN code

TARIC
code

Fixed amount of
duty
(Euro per tonne)

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’

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 Luxembourg, 21 June 2005.

For the Council
The President

F. BODEN