Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia
Date: 2005-11-30
Institutions: European Commission
Subjects: Russia, anti-dumping duty, anti-dumping legislation, import, organic fertiliser, originating product

C 300/8

EN

Official Journal of the European Union

30.11.2005

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of ammonium nitrate originating in Russia

(2005/C 300/03)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 on protection against dumped imports from countries
not members of the European Community (‘the basic Regu-
lation’) (1), as last amended by Council Regulation (EC) No
461/2004 (2).

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited
in scope to the examination of dumping as far as the applicant
is concerned.

1. Request for review

The request was lodged by the Open Joint Stock Company
(OJSC) ‘Mineral and Chemical Company EuroChem’ (‘the appli-
cant’), an exporting producer from Russia.

(a) Questionnaires

2. Product

The product under review is solid fertilisers with an ammonium
nitrate content exceeding 80 % by weight originating in Russia
(‘the product concerned’), normally declared within CN codes
3102 30 90, 3102 40 90,
ex 3102 60 00,
ex 3105 20 10,
ex 3105 10 00,
ex 3102 90 00,
ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91. These
CN codes are given only for information.

ex 3102 29 00,

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 658/2002 (3), as
last amended by Council Regulation (EC) No 945/2005 (4) on
imports of ammonium nitrate originating in Russia.

4. Grounds for the review

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

The applicant alleges and provides prima facie evidence showing
that a comparison with its own costs and export prices would
lead to a reduction of dumping significantly below the level of
the current measures. Therefore, the continued imposition of
measures at the existing level, which were based on the injury
margin previously established, is no longer necessary to offset
dumping.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 102, 18.4.2002, p. 1.
(4) OJ L 160, 23.6.2005, p. 1.

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the applicant and to the authorities of the exporting
country concerned. This
information and supporting
evidence should reach the Commission within the time
limit set in point 6(a).

(b) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
than questionnaire
known,
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).

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(b).

6. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

All
their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission, present
their views and submit questionnaire replies or any other
information within 40 days of the date of publication of
this notice in the Official
the European Union,
unless otherwise specified. Attention is drawn to the fact
that the exercise of most procedural rights set out in the
basic Regulation depends on the party's making itself
known within the aforementioned period.

Journal of

30.11.2005

EN

Official Journal of the European Union

C 300/9

(b) Hearings

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

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
BE-1049 Brussels
Fax (32-2) 295 65 05.

7. Written submissions, questionnaire replies and cor-

8. Non-cooperation

respondence

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
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

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
the result may be less
Article 18 of the basic Regulation,
favourable to that party than if it had cooperated.

(1) This means that

the document

is for internal use only.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential 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).

It