Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of solutions of urea and ammonium nitrate originating in Algeria, Belarus, Russia and Ukraine
Date: 2005-09-22
Institutions: European Commission
Subjects: Algeria, Belarus, Russia, Ukraine, anti-dumping duty, anti-dumping legislation, fertiliser industry, organic fertiliser

C 233/14

EN

Official Journal of the European Union

22.9.2005

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
solutions of urea and ammonium nitrate originating in Algeria, Belarus, Russia and Ukraine

(2005/C 233/07)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of solutions of
urea and ammonium nitrate originating in Algeria, Belarus,
Russia and Ukraine, (‘the countries concerned’), the Commis-
sion has received a request for review pursuant to Article 11(2)
of Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (2).

1. Request for review

The request was lodged on 20 June 2005 by the European
Fertilizer Manufacturers Association(EFMA) (‘the applicant’) on
in this
behalf of producers representing a major proportion,
case more than 50 % of the total Community production of
solutions of urea and ammonium nitrate.

2. Product

The product under review is mixtures of urea and ammonium
nitrate in aqueous or ammoniacal solution originating in
Algeria, Belarus, Russia and Ukraine (‘the product concerned’),
currently classifiable within CN code 3102 80 00. This CN
code is given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1995/2000 (3), as
last amended by Council Regulation (EC) No 1675/2003 (4).

4. Grounds for the review

The request is based on the grounds that the expiry of the
measures would be likely to result in a continuation or recur-
rence of dumping and injury to the Community industry.

The allegation of continuation of dumping in respect of Algeria
is based on a comparison of a constructed normal value with
the export prices of the product concerned when sold for
export to the Community.

On this basis, the dumping margin calculated is significant.

absence of significant import volumes from these three coun-
tries into the EC.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for Belarus and for
Ukraine on the basis of the price in an appropriate market
economy third country which is mentioned in point 5.1(d) of
this notice.

The allegation of recurrence of dumping fro Belraus and for
Ukraine is based on a comparison of normal value, as set out
in the previous sentence, with the export prices of the product
concerned of these two countries when sold for export to the
United States of America.

The allegation of recurrence of dumping for Russia is based on
a comparison of a constructed normal value with the export
prices of the product concerned when sold for export to the
United States of America.

On the basis of the above comparisons of normal values and
export prices, which show dumping from Belarus, Ukraine and
Russia, the applicant alleges that there is a likelihood of recur-
rence of dumping.

The applicant further alleges the likelihood of further injurious
dumping. In this respect, the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of the product concerned is likely to increase due to the exis-
tence of unused capacity and the potential of the manufac-
turing facilities of the exporting producers in the countries
concerned to switch from the production of other products to
the production of the product concerned.

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any recur-
rence of substantial imports at dumped prices from the coun-
tries concerned would likely lead to a recurrence of further
injury to the Community industry should measures be allowed
to lapse.

In demonstrating the likelihood of recurrence of dumping for
Belarus, Ukraine and Russia, export prices to the United States
of America have been used by the applicant given the current

5. Procedure

(1) OJ C 312, 17.12.2004, p. 5.
(2) 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).

(3) OJ L 238, 22.9.2000, p. 15.
(4) OJ L 238, 25.9.2003, p. 4.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

22.9.2005

EN

Official Journal of the European Union

C 233/15

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) Sa mp li ng for i mp or te r s

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the format indicated in point
7:

— name, address, e-mail address, telephone, and fax

number and contact person,

— the total turnover in EUR of the company during

the period 1 July 2004 to 30 June 2005,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in EUR of imports
into and resales made in the Community market
during the period 1 July 2004 to 30 June 2005 of
the imported product concerned originating in
Algeria, Belarus, Russia and Ukraine,

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
its
accepting

to a questionnaire

investigation of

an on-the-spot

replying

imply

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p.1).

response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have cooperated in the investiga-
tion. The consequences of non-cooperation are set
out in point 8 below.

In order to obtain the information it deems necessary
the
for the selection of
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(ii) S a mp li ng for Commu ni ty p r odu c e r s

In view of the large number of Community producers
the Commission intends to
supporting the request,
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in point 6(b)(i):

— name, address, e-mail address, telephone, and fax

number and contact person,

— the total turnover in EUR of the company during

the period 1 July 2004 to 30 June 2005,

— the precise activities of the company with regard to
the production of the product concerned and the
volume in tonnes of the product concerned during
the period 1 July 2004 to 30 June 2005,

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 July 2004 to 30 June 2005,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 July 2004 to 30 June 2005,

— the volume in tonnes of the production of the
product concerned during the period 1 July 2004
to 30 June 2005,

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

C 233/16

EN

Official Journal of the European Union

22.9.2005

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have cooperated in the investiga-
tion. The consequences of non-cooperation are set
out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

(iii) F i na l se le c ti on of th e sa mp le s

All interested parties wishing to submit any relevant
information regarding the selection of
the samples
must do so within the time limit set in point 6(b)(ii).

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

Companies included in the samples must reply to a
questionnaire within the time limit set
in point 6
(b)(iii) and must cooperate within the framework of the
investigation.

forthcoming,

sufficient cooperation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in point 8.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry, to any association of
producers in the Community, to the exporters/producers in
Algeria, Belarus, Russia and Ukraine, to any association of
exporters/producers, to the sampled importers, to any asso-
ciation of importers named in the request or which coop-
erated in the investigation leading to the measures subject
the
to the present
exporting countries concerned.

review and to the authorities of

(c) Collection of information and holding of hearings

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 point 6(a)(ii) of this notice.

information other

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 point 6(a)(iii) of
this notice.

establishing normal value in respect of Belarus and Ukraine.
The applicant has now proposed to use the United States of
America for this purpose.
Interested parties are hereby
invited to comment on the appropriateness of this country
within the specific time limit set in point 6(c) of this notice.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain or repeal the anti-dumping measures
would not be against the Community interest. For this reason,
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, provided that they prove that there is an objective
link between their activity and the product concerned, may,
within the general time limits set in point 6(a)(ii), make them-
selves known and provide the Commission with information.
The parties which have acted in conformity with the previous
sentence may request a hearing, setting the particular reasons
why they should be heard, within the time limit set in point
It should be noted that any information submitted
6(a)(iii).
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

6. Time limits

(a) General time limits

(i) F or p a r t i e s to r e q u e st a q u e sti o n n a i r e

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(ii) F or p a r ti e s to ma ke t h e mse lve s know n,

to
su bmi t q u e sti onn a i r e r e p li e s a nd a ny ot h e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must
make themselves known by contacting the Commis-
sion, 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
the European Union, unless otherwise specified.
of
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.

(d) Selection of the market economy country

(iii) He a r i ng s

In the previous investigation Lithuania was used as an
appropriate market economy country for the purpose of

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

22.9.2005

EN

Official Journal of the European Union

C 233/17

(b) Specific time limit in respect of sampling

(i) The information specified in points 5.1(a)(i) and
5.1(a)(ii) should reach the Commission within 15 days
of the date of publication of this notice in the Official
Journal of the European Union, given that the Commis-
sion intends to consult parties concerned that have
expressed their willingness to be included in the
sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as referred to in point 5.1(a)(iii) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

(c) Specific time limit

for

the selection of

the market economy

country

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in point 5.1(d) of this notice, is envisaged as a
market-economy country for the purpose of establishing
normal value in respect of Belarus and Ukraine. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Union.

submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by inter-
ested 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

8. Non-cooperation

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.

7. Written submissions, questionnaire replies and cor-

respondence

9. Schedule of the investigation

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 number of the interested party. All written

The investigation will be concluded according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p.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 Council
regarding public access
to European Parliament, Council and
Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confi-
dential document pursuant to Article 19 of the basic Regulation and
Article 6 of the WTO Agreement on Implementation of Article VI
of the GATT 1994 (Anti-dumping Agreement).

the European Parliament and of