Notice of initiation of an expiry review of the antidumping measures applicable to imports of ammonium nitrate originating in Ukraine
Date: 2006-01-25
Institutions: European Commission
Subjects: Ukraine, anti-dumping duty, anti-dumping legislation, chemical fertiliser, import, originating product

C 18/2

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Official Journal of the European Union

25.1.2006

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
ammonium nitrate originating in Ukraine

(2006/C 18/02)

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

(‘country concerned’),

is a strong likelihood of recurrence of dumping from Ukraine
to the EU.

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 in the country concerned.

1. Request for review

The request was lodged on 25 October 2005 by the European
Fertilizer Manufacturers Association (EFMA) (‘the applicant’) on
behalf of producers representing a major proportion, in this
case more than 50 %, of the total Community production of
ammonium nitrate.

It is also alleged that
imports of the product
the flow of
concerned is likely to rise due to the measures in force on
imports of the same products originating in Ukraine in tradi-
tional markets other than the EU (i.e. the United States of
America and Brazil). All
this can lead to a redirection of
exports from other third countries to the Community.

2. Product

codes

The product under review is solid fertilisers with an ammonium
nitrate content exceeding 80 % by weight originating in
Ukraine (‘the product concerned’), currently classifiable within
ex 3102 29 00,
CN
ex 3102 60 00,
ex 3105 10 00,
and
ex 3105 20 10,
ex 3105 90 91. These CN codes are given only for informa-
tion.

ex 3102 90 00,

ex 3105 51 00,

ex 3105 59 00

3102 40 90,

3102 30 90,

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 132/2001 (3), as
last amended by Council Regulation (EC) No 945/2005 (4).

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 country
concerned would likely lead to a recurrence of further injury of
the Community industry should measures be allowed to lapse.

5. Procedure

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.

4. Grounds for the review

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

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

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.

It is alleged that Ukrainian exports to other third countries, i.e.,
the United States of America, Romania and Turkey, are made
at dumped prices. In such circumstances, it is alleged that there

(a) Sampling

(1) OJ C 110, 5.5.2005, p. 15.
(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 23, 25.1.2001, p. 1.
(4) OJ L 160, 23.6.2005, p. 1.

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.

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(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 formats 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 January 2005 to 31 December 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 January 2005 to 31 December
2005 of the imported product concerned origin-
ating in 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,

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 co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

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

the sample of

importers,

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 January 2005 to 31 December 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 January 2005 to 31 December 2005,

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 January 2005 to 31 December 2005,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 January 2005 to 31 December 2005,

— the volume in tonnes of the production of the
product concerned during the period 1 January
2005 to 31 December 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,

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 co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

(ii) Sa mp li ng for Commu n i ty p r odu c e r s

In view of the large number of Community producers
the Commission intends to
supporting the request,

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

(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).

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

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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
in point 6
questionnaire within the time limit set
(b)(iii) and must co-operate within the framework of
the investigation.

forthcoming,

sufficient co-operation is not

the
If
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.

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.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association
of producers in the Community, to the exporters/producers
in Ukraine, to any association of exporters/producers, to
the sampled importers,
importers
named in the request or which co-operated in the investiga-
tion leading to the measures subject to the present review,
and to the authorities of the exporting country concerned.

to any association of

(c) Collection of information and holding of hearings

6. Time limits

(a) General time limits

(i) For p ar ti e s to r e qu e st a q u e sti on nai r e

All
interested parties who did not co-operate 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.

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

(ii) F or p a r ti e s

t o ma ke th e mse lve s know n,

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

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.

(d) Selection of the market economy country

In the previous investigation Poland was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of Ukraine. The applicant
has now proposed to use the United States of America or
Interested parties are hereby
Romania for this purpose.
invited to comment on the appropriateness of
these
possible choices within the specific time limit set in point
6(c) of this notice.

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

(iii) H e a r i ng s

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

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Official Journal of the European Union

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(b) Specific time limit in respect of sampling

(i) The information specified in paragraph 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
samples 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 5.1(a)(iii) must reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
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
the United States of America and
appropriateness of
Romania which, as mentioned in point 5.1(d) of
this
notice, are envisaged as possible market-economy countries
for the purpose of establishing normal value in respect of
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.

7. Written submissions, questionnaire replies and cor-

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 numbers 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
accompanied by a non-confidential
Regulation,
version, which will be
labelled ‘FOR INSPECTION BY
INTERESTED 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-co-operation

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.

9. Schedule of the investigation

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) 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