Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Ukraine
Date: 2006-12-19
Institutions: European Commission
Subjects: Ukraine, anti-dumping legislation, anti-dumping measure, chemical fertiliser, import, originating product

19.12.2006

EN

Official Journal of the European Union

C 311/57

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

(2006/C 311/14)

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).

1. Request for review

The request was lodged by Open Joint Stock Company (OJSC)
Azot Cherkassy (‘the applicant’), an exporting producer from
Ukraine.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. Product

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 CN codes
3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00,
ex
3105 20 10,
ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91. These CN
codes are given only for information.

3105 10 00,

3102 90 00,

ex

ex

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 132/2001 (2), as
last amended by Council Regulation (EC) No 945/2005. (3) on
imports of ammonium nitrate originating in Ukraine.

A notice of initiation of an expiry review of the anti-dumping
measures applicable to imports of the product concerned origin-
ating in Ukraine was published on 25 January 2006 (4). This
expiry review is still on-going.

4. Grounds for the review

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.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the sole applicant.

it

is determined that measures

should be removed or
If
amended for the applicant, it may be necessary to amend the
rate of duty currently applicable to imports
from other
exporting producers of the product concerned as set out in
Article 1 of Regulation (EC) No 132/2001.

(a) Questionnaires

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

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 6(a).

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).

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 lasting nature.

6. Time limits

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

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC)

No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 23, 25.1.2001, p.1.
(3) OJ L 160, 23.6.2005, p. 1.
(4) OJ C 18, 25.1.2006, p. 2.

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

replies and any other information

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.

C 311/58

EN

Official Journal of the European Union

19.12.2006

(b) Hearings

8. Non-co-operation

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

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 interested
parties on a confidential basis shall be labeled as ‘Limited (1)’
and, in accordance with Article 19(2) of the basic Regulation,
shall be accompanied by a non-confidential version, which will
be labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

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

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, 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,
in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of facts
available is made, 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. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the Euro-
pean 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 Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).