Council Regulation (EC) No 442/2007 of 19 April 2007 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96
Date: 2007-04-19
Institutions: Council of the European Union
Subjects: Ukraine, anti-dumping duty, anti-dumping legislation, chemical salt, fertiliser, import, originating product

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 442/2007

of 19 April 2007

imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Ukraine
following an expiry review pursuant to Article 11(2) 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
countries not members of the European Community (1)
(the
basic Regulation) and in particular Article 11(2) thereof,

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PROCEDURE

1. Measures in force

(1)

On 22 January 2001 the Council imposed, by Regulation
(EC) No 132/2001 (2), a definitive anti-dumping duty (the
existing measures) of EUR 33,25 per tonne on imports
falling within CN codes
of ammonium nitrate (AN)
3102 30 90 and 3102 40 90 and originating,
inter alia,
in Ukraine. The investigation that led to these measures
will be referred to as the original investigation.

(2)

On 17 May 2004, following a partial interim review, by
Regulation (EC) No 993/2004 (3) the Council exempted

(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. Regulation as last amended by Regulation

(EC) No 945/2005 (OJ L 160, 23.6.2005, p. 1).

(3) OJ L 182, 19.5.2004, p. 28.

from the anti-dumping duties imposed by Regulation
(EC) No 132/2001 imports to the Community of the
product concerned produced by companies from which
undertakings would be accepted by the Commission. By
Commission Regulation (EC) No 1001/2004 (4), under-
takings were accepted for a period until 20 May 2005.
The purpose of these undertakings was to take account
of certain consequences of
the
European Union to 25 Member States.

the enlargement of

By Regulation (EC) No 945/2005, following an interim
review limited in scope to the definition of the product
concerned, the Council decided that the definition of the
product concerned should be clarified and that
the
to the product
measures
in
fertilizers,
concerned when incorporated in other
proportion to their content of ammonium nitrate,
together with other marginal substances and nutrients.

should apply

in force

2. Request for a review

the publication of

On 25 October 2005, a request for an expiry review
pursuant to Article 11(2) of the basic Regulation was
lodged following
a notice of
impending expiry on 5 May 2005 (5). This request was
lodged by the European Fertilizer Manufacturers Asso-
(the applicant) on behalf of producers
ciation (EFMA)
representing a major proportion,
in this case more
than 50 %, of the total Community production of AN.

The applicant alleged and provided sufficient prima facie
evidence that
recurrence of
there is a likelihood of
dumping and injury to the Community industry with
regard to imports of AN originating in Ukraine (the
country concerned).

(3)

(4)

(5)

(4) OJ L 183, 20.5.2004, p. 13.
(5) OJ C 110, 5.5.2005, p. 15.

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(6)

(7)

(8)

after

an expiry

determined,
that

consulting
sufficient evidence existed for

the Advisory
Having
the
Committee,
initiation of
the Commission
announced on 25 January 2006, by a notice of initiation
published in the Official Journal of the European Union (1),
the initiation of an expiry review pursuant to Article
11(2) of the basic Regulation.

review,

this

importer was

cooperate with

the Commission

services.
further
the
However,
Community and had no imports of
the product
concerned in the Community market during the RIP. It
was therefore decided that sampling was not necessary
with regard to importers.

located outside

3. Investigation

3.1. Investigation period

(12)

examination of

The investigation of continuation or
recurrence of
dumping covered the period from 1 January to 31
December 2005 (review investigation period or RIP).
the
The
the
continuation or
likelihood of
assessment of
recurrence of injury covered the period from 2002 to
the end of
the review investigation period (period
considered).

relevant

trends

for

a

a

completed the
10 Community producers properly
sampling form within the deadline and formally agreed
to cooperate further in the investigation. With regard to
those 10 Community producers,
the Commission
selected, in accordance with Article 17 of the basic Regu-
representative
lation, a sample based on the largest
volume of production and sales of AN in the
investigated
Community which can reasonably be
within
sampled
available.
Community producers accounted for 76 % of the total
production of the Community industry, as defined in
recital (51) below, during the RIP, whilst the above 10
Community producers accounted for 70 % of the total
Community production during the RIP.

time

four

The

the

3.2. Parties concerned by the investigation

the

advised

officially

associations,

exporting
The Commission
producers, importers and users known to be concerned
and their
the
the
the applicant and the Community
exporting country,
producers, of
expiry review.
the
initiation of
the
Interested parties were given the opportunity to make
their views known in writing and to request a hearing
within the time limit set out in the notice of initiation.

representatives of

(13)

In accordance with Article 17(2) of the basic Regulation,
the parties concerned were consulted on the sample
chosen and raised no objection thereto.

(14) Questionnaires were

sampled
Community producers and to all known exporting
producers.

four

sent

the

to

(9)

All interested parties, who so requested and showed that
there were particular reasons why they should be heard,
were granted a hearing.

(15)

Replies to the questionnaires were received from the four
sampled Community producers and three producers,
thereof
country
in the
two exporting producers,
concerned, as well as from one related trader.

(10)

In view of the large number of Community producers
and of importers in the Community, it was considered
appropriate, in conformity with Article 17 of the basic
Regulation, to examine whether sampling should be used.
In order to enable the Commission to decide whether
sampling would indeed be necessary and,
to
select a sample,
the above parties were requested,
to
pursuant
make themselves known within 15 days of the initiation
of the investigation and to provide the Commission with
the information requested in the notice of initiation.

to Article 17(2) of the basic Regulation,

if so,

(11) After examination of

the information submitted, and
given that 10 Community producers indicated their will-
ingness to cooperate, it was decided that sampling was
necessary with regard to Community producers. Only
one importer provided the information requested in the
to
notice of

initiation and expressed its willingness

(1) OJ C 18, 25.1.2006, p. 2.

(16) Moreover, one producer

in the

analogue

country

provided a complete questionnaire reply.

(17)

The Commission sought and verified all the information
it deemed necessary for a determination of the likely
recurrence of dumping and resulting injury and of the
Community interest. Verification visits were carried out
at the premises of the following companies:

(a) related trader to the Ukrainian producer Stirol:

— IBE Trading, New York, New York, USA;

(b) producer in the analogue country:

— Terra Industries, Sioux City, Iowa, USA;

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(c) sampled Community producers:

— Terra Nitrogen

Limited,

Stockton, United

Kingdom,

— Grande Paroisse SA, Paris, France,

— Zakłady Azotowe Anwil SA, Poland,

— Yara SA, Brussels, Belgium and its

related
producer Yara Sluiskil BV, Sluiskil, the Nether-
lands.

B. PRODUCT CONCERNED AND LIKE PRODUCT

1. Product concerned

in Ukraine,

3102 40 90,
ex 3102 90 00,

The product concerned is
solid fertilizers with an
ammonium nitrate content exceeding 80 % by weight
falling within CN codes
originating
ex 3102 29 00,
3102 30 90,
ex 3105 10 00,
ex 3102 60 00,
ex 3105 20 10,
and
is a solid
ex 3105 90 91. Ammonium nitrate (AN)
It is
nitrogen fertiliser commonly used in agriculture.
manufactured from ammonia and nitric acid, and its
nitrogen content exceeds 28 % by weight in prilled or
granular form.

ex 3105 51 00,

ex 3105 59 00

should be noted that

It
the product
concerned was clarified in Regulation (EC) No 945/2005.

the scope of

(18)

(19)

2. Like product

(20) As established in the original

investigation, this review
investigation confirmed that AN is a pure commodity
product, and its quality and basic physical characteristics
are identical whatever the country of origin. The product
concerned and the products manufactured and sold by
the exporting producers on their domestic market and to
third countries, as well as those manufactured and sold
by the Community producers on the Community market
and by the producer in the analogue country on the
the analogue country have thus
domestic market of
been found to have the same basic physical and
chemical characteristics and essentially the same uses
and are therefore considered to be like products within
the meaning of Article 1(4) of the basic Regulation.

C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
OF DUMPING

1. General

(22)

(23)

(24)

producers exported the product concerned during the
RIP. There is at
least one known non-cooperating
producer of the product concerned in Ukraine.

It could, however, be established that
the remaining 40 % of

The comparison of the data concerning exports to the
Community provided by the exporting producers and the
total volume of imports as reported by Eurostat indicated
that the two exporting producers accounted for around
60 % of all Community imports from Ukraine during the
the vast
RIP.
majority of
the
product concerned was invoiced in December 2004
cooperating
reported
(and
producers), but entered the Community during the RIP
(and was therefore included in the import statistics).
Exports invoiced in December 2005 and entering the
Community in January 2006, on the other hand, were
insignificant. On the basis of this, it was concluded that
85 to 90 % of all Community imports from Ukraine
during the RIP have been made by
cooperating
producers. The level of cooperation is therefore high.

therefore not

imports of

the

by

imports of the product concerned from Ukraine
less than 1 % when compared to the

Total
were small,
Community market as a whole.

i.e.

2. Dumping of

imports during the investigation

period

2.1. Analogue country

Since Ukraine was not yet considered a market economy
country at the time of the lodging of the request for the
expiry review (1), the normal value had to be determined
on the basis of data obtained from a producer in a
in accordance with
market economy third country,
In the notice of
Article 2(7) of the basic Regulation.
the USA and Romania were envisaged as
initiation,
appropriate analogue countries.
It should be recalled
that in the original investigation, Poland was selected as
an analogue country. Since Poland entered the European
Union in May 2004, it is no longer a possible choice. All
interested parties were
to
comment on the choice of the USA and Romania as
analogue countries.

given the opportunity

(25) However,

the analysis carried out subsequent

to the
publication of the notice of initiation showed that the
Romanian market for AN was dominated by imports
from Ukraine and Russia, while Romanian producers
were very export oriented, selling only insignificant quan-
tities on their domestic market. On the basis of this, it
was concluded that, because of
the abovementioned
its domestic market, Romania cannot be
structure of
considered
the
the most
analogue country.

appropriate

choice

for

(21)

Three Ukrainian producers of
the product concerned
cooperated in the investigation. Two of the cooperating

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

Article 2.

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(26) Only one cooperating producer submitted comments.
This cooperating producer proposed Algeria as a better
option, given their access to the main raw material, gas.
In this respect, it should be pointed out that whether a
country has extraction sites of natural gas or not, is not a
key element to the choice of the analogue country. The
main issue is whether gas prices reflect market value. The
existence of dual gas pricing in Algeria is a clear indi-
cation that this is not the case and thus makes Algeria a
less suitable choice for an analogue country. It is further
noted that both the USA and Ukraine are producers and
importers of natural gas, while Algeria is a net
net
exporter of natural gas.
the USA is
more similar to Ukraine than Algeria.

In this respect,

Consequently, calculations were based on the verified
information from the sole USA cooperating producer,
which provided a complete questionnaire reply.

2.2. Normal value

(32)

Since Ukraine was not yet considered a market economy
country at the time of the lodging of the request for the
expiry review, the normal value for Ukraine had to be
determined on the basis of data obtained from a
producer in the USA, as explained in recital (31) above.

(27)

It was furthermore claimed that the USA would not be
an appropriate analogue country, as they faced excessive
domestic gas prices during the RIP. In this respect, it has
to be said that although there were very high gas prices
in the fourth quarter of the RIP due to natural disasters,
this is a situation which can be easily adjusted for as
described in recital (35) below.

(33)

the like product

The representativity of domestic sales by the sole coop-
erating producer of
in the analogue
country was assessed on the basis of the exports of the
two cooperating exporting producers to the Community.
It should be noted that only one type of product was
exported to the Community. No analysis by product type
was therefore carried out.

(28)

The choice of the USA was also contested in respect of
the production process. It was alleged that the Algerian
production process is more similar to the one in Ukraine.
However, the producer failed to substantiate the claim.

(29)

In addition,
it was claimed that Algeria has a more
similar level of production, consumption and consumer
demand to Ukraine. According to available information,
domestic
both
consumption (2) are insignificant. On the other hand,
both Ukraine and the USA have a significant production
and large domestic markets.

the Algerian

production (1)

and

(30) As regards the USA, despite the fact that there were anti-
dumping measures in force on imports of AN originating
in the country concerned, it was found that it is an open
competitive market, where a significant number of
domestic producers face a considerable level of compe-
tition from foreign imports originating from other third
countries. Furthermore, USA producers have represen-
tative domestic sales, and have a similar access to raw
materials as Ukrainian producers.

(31)

Therefore,
the USA
the investigation established that
should be used as an appropriate analogue country.

(1) Excluding AN production further processed within vertically inte-

grated producers.

(34)

The domestic sales of the sole cooperating producer of
the like product in the analogue country were found to
they significantly exceeded the
be representative, as
volumes of AN exported to the Community by the
two Ukrainian cooperating exporting producers.

(35)

In order to establish whether domestic sales of the USA
producer were made in the ordinary course of trade,
domestic sales prices were compared with cost of
production. When assessing the cost of production of
the USA producer, it was found that it was affected in
the fourth quarter by natural disasters. According to
information published by this same producer, ‘hurricanes
in the U.S. Gulf during the third quarter wreaked havoc
with natural gas markets and negatively affected our
fourth quarter and full year results (3).’ Indeed, quoted
US gas prices (4) doubled between August (5)
and
October (6), while in between Hurricanes Katrina (23 to
31 August 2005) and Rita (17 to 26 September 2005)
hit the US Gulf coast. As natural gas is the main costing
element for producing AN, the effect was significant and
would have led to an artificially high constructed normal
value. It was therefore decided to establish the cost of
production for the fourth quarter 2005 on the basis of
the average of the gas prices paid by the producer during
the first three quarters of 2005.

(3) Terra Industries 2005 Annual Report — from 10-K, p. 6.
(4) Nymex Gas Futures as quoted by Heren EGM.
(5) August futures quoted on 30 June 2005, Nymex Gas Futures, Heren

EGM.

(2) Source:

IFADATA statistics online,

International Fertilizer Industry

(6) October futures quoted on 29 September 2005, Nymex Gas Futures,

Association.

Heren EGM.

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(36) On the basis of the above, the vast majority of domestic
sales were found to be profitable, and consequently
normal value was established on domestic sales prices
independent domestic customer. As the
to the first
exported one
Ukrainian exporting producers only
product
the
analysis was limited to this product type.

type to the Community during the RIP,

2.3. Export price

(37)

In accordance with Article 2(8) of the basic Regulation,
the export price was established by reference to the price
actually paid or payable for the product concerned when
sold for export to the Community. All sales from the
cooperating exporting producers were made directly to
independent customers in the Community.

2.4. Comparison

to the Community market
should measures be repealed.

the same period remained stable as well. They have a
spare capacity of around 600 000 to 700 000 tonnes
(8 to 10 % of Community consumption)
to increase
in considerable
exports
In addition,
volumes
there is at least one other known Ukrainian producer
of the product concerned who did not cooperate with
the investigation. Although the spare capacity of this
non-cooperating producer
it cannot be
excluded that this is also considerable, as the three coop-
erating producers had, on average, a spare capacity of
30 %.

is unknown,

(42) Domestic sales of

the three cooperating producers,
during the period considered, represented on average
30 to 40 % of production capacity. It therefore appears
difficult that the Ukrainian domestic market can absorb
most of this spare production capacity and therefore any
increase in production is likely to be exported.

(38)

The normal value and export price were compared on an
ex-works basis. For
the purpose of ensuring a fair
comparison, due allowance in the form of adjustments
was made for differences affecting price comparability in
accordance with Article 2(10) of the basic Regulation.
Accordingly, adjustments were made for differences in
transport, handling,
loading and ancillary costs, credit
and commissions, where applicable and supported by
verified evidence.

(43)

Therefore,
that
considerable part of
exported to the Community.

in the absence of anti-dumping measures, a
capacity could be

spare

2.5. Dumping margin

(39) As Ukraine is not considered a market economy for the
purpose of this investigation, a country-wide dumping
margin was established on the basis of a comparison
of a weighted average normal value with a weighted
average export price,
in accordance with Article 2(11)
and (12) of the basic Regulation. As stated in recital
(22) above, cooperation was high.

(40)

The above comparison showed that dumping (around 30
to 40 %) took place during the RIP at a slightly lower
level than in the original
investigation. However, given
the limited Ukrainian exports to the Community during
the RIP the main focus of the analysis was concentrated
on the likelihood of continuation or
recurrence of
dumping.

3. Development of

imports should measures be

repealed

3.1. Spare capacity

3.2. Relationship between Ukrainian sales prices on other

markets and the sales price in the Community

to the Community during the RIP.

(44) An analysis of export sales of the cooperating Ukrainian
producers to third countries showed, when compared at
a DAF/FOB Ukrainian border level, that such sales have
on average been made at prices 20 to 30 % lower than
In
sales prices
addition, domestic sales have been made at prices 20
to 30 % lower than sales prices to the Community as
well. From information relating to the RIP it would
therefore appear that there would be an incentive for
to be re-directed to the
exports
Community, should measures be repealed,
in order to
benefit from higher prices and better margins.

to third countries

(45)

is

It is, however, noted that Ukrainian import prices for
natural gas have significantly increased since the RIP.
for
the main costing element
As natural gas
producing AN,
it cannot be excluded that Ukrainian
producers will have to increase their export prices to
third countries, thereby significantly reducing the price
difference between sales to third countries and sales to
the Community mentioned in recital (44) above. Preli-
minary evidence (1) points indeed to the narrowing of
this gap.

(41)

The three cooperating producers kept production stable
during the period considered. Production capacity during

(1) Ukrainian export statistics, 2005 and first semester 2006.

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4. Conclusion on the likelihood of continuation or

— Fertiberia SA (Spain),

recurrence of dumping

The investigation has shown that two of the cooperating
producers continued their dumping practices despite the
measures in force. In addition, the re-direction of quan-
tities currently sold to third countries to the Community
cannot be excluded.

— Grande Paroisse SA (France),

— Nitrogénművek Rt (Hungary),

(46)

(47)

exporting producers

Furthermore, the weighted average export prices of the
cooperating
to third country
markets are also considerably lower than the prevailing
price level in the Community. Taken together with the
significant spare capacity, there is therefore an incentive
for Ukrainian exporting producers to shift AN to the
should
Community market at
measures be repealed.

likely dumped prices,

D. DEFINITION OF THE COMMUNITY INDUSTRY

(48) Within the Community, the like product is manufactured
by 14 producers whose output constitutes the total
Community production of the like product within the
meaning of Article 4(1) of the basic Regulation.

(49)

It should be noted that as compared to the original
the ‘Hydro Agri’ companies have been
investigation,
renamed ‘Yara’. 5 of the 14 companies became part of
the Community industry due to the enlargement of the
European Union in 2004.

(50) Out of

the

the 14 Community producers, 10 companies
cooperated with
them
investigation,
mentioned in the review request. The remaining four
producers (other Community producers) made them-
selves known within the time limits and sent the infor-
mation requested for the purpose of sampling. However,
they did not offer any further cooperation. Accordingly,
the following 10 producers agreed to cooperate:

all

of

— Terra Nitrogen Limited (United Kingdom),

— Yara (Germany, Italy, the Netherlands and the United

Kingdom),

— Zakłady Azotowe w Tarnowie (Poland).

(51) As these 10 Community producers accounted for 70 %
of the total Community production during the RIP, it is
therefore considered that
the above 10 Community
producers account for a major proportion of the total
Community production of the like product. They are
therefore deemed to constitute the Community industry
within the meaning of Article 4(1) and Article 5(4) of the
basic Regulation and will hereinafter be referred to as the
‘Community industry’.

(52) As indicated under recitals (11) and (14) above, a sample
consisting of four companies was selected. All sampled
Community producers cooperated and sent questionnaire
replies within the deadlines. In addition, the remaining
six cooperating producers duly provided certain general
data for the injury analysis.

— Achema AB (Lithuania),

— Zakłady Azotowe Anwil SA, (Poland),

(53)

— BASF AG (Germany),

— DSM Agro (the Netherlands),

E. SITUATION IN THE COMMUNITY MARKET

1. Consumption in the Community market

The apparent Community consumption was established
on the basis of the sales volumes of the Community
industry on the Community market, the sales volumes
of the other Community producers on the Community
market, and Eurostat data for all EU imports. Given the
enlargement of the European Union in 2004, for the
sake of clarity and consistency of
the
consumption was established on the basis of the EU-25
market throughout the period considered.

the analysis

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(54)

Between 2002 and the RIP, Community consumption decreased slightly by 1 %. The 4 % increase
recorded in 2003 settled down in 2004 indicating a stabilisation, whereas the further decrease (– 1 %)
recorded in the RIP points to a slightly downward trend.

Total EC consumption in tonnes

7 757 697

8 099 827

7 775 470

7 641 817

Index (2002 = 100)

100

104

100

99

2002

2003

2004

RIP

2. Volume, market share and prices of imports from Ukraine

(55)

The volumes, market shares and average prices of the imports from Ukraine developed as set out
below. The following quantity and price trends are based on Eurostat.

2002

2003

2004

RIP

Volume of imports (tonnes)

212 827

123 477

51 031

62 077

Market share

2,7 %

1,5 %

0,7 %

0,8 %

Prices of imports (EUR/tonne)

Index (2002 = 100)

88

100

83

94

112

127

122

139

(56)

The volume of imports from Ukraine decreased consistently throughout the period considered. Their
market share also dropped from 2,7 % in 2002 to 0,8 % in the RIP. The prices evolved positively
from 88 to 122 EUR/tonne during the period considered. This evolution reflects the favourable
market conditions described also in recital (73) below.

(57)

For the purpose of calculating the level of price undercutting during the RIP, Community industry’s
ex-works prices to unrelated customers have been compared with the cif Community frontier import
prices of cooperating exporting producers of the country concerned, duly adjusted in order to reflect
a landed price. The comparison showed that imports from Ukraine were undercutting the prices of
the Community industry by 10 to 15 %.

3. Imports from other countries

(58)

The volume of imports from other third countries during the period considered are shown in the
table below. The following quantity and price trends are also based on Eurostat.

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2002

2003

2004

RIP

Volume of imports from Russia (tonnes)

690 233

528 609

504 026

257 921

Market share

8,9 %

6,5 %

6,5 %

Prices of imports from Russia (EUR/tonne)

79

77

106

3,4 %

123

Volume of imports from Georgia (tonnes)

86 517

100 025

132 457

153 844

Market share

1,1 %

1,2 %

1,7 %

Prices of imports from Georgia (EUR/tonne)

103

113

137

2,0 %

164

Volume of imports from Romania (tonnes)

186 834

14 114

107 585

111 126

Market share

2,4 %

0,2 %

1,4 %

Prices of imports from Romania (EUR/tonne)

117

113

126

1,5 %

144

Volume of imports from Bulgaria (tonnes)

160 423

140 677

79 716

73 441

Market share

2,1 %

1,7 %

1,0 %

Prices of imports from Bulgaria (EUR/tonne)

133

139

157

1,0 %

176

Volume of imports from Egypt (tonnes)

63 368

133 427

16 508

46 249

Market share

0,8 %

1,6 %

0,2 %

Prices of imports from Egypt (EUR/tonne)

148

142

193

0,6 %

199

imports

from all other

countries

94 915

128 213

54 510

17 752

Volume of
(tonnes)

Market share

Prices of imports from all other countries
(EUR/tonne)

1,2 %

1,6 %

0,7 %

124

124

141

0,2 %

169

(59)

Firstly, it should be noted that all the countries above decreased their export volumes from 2002 to
the RIP with the exception of Georgia, which increased moderately its Community market share from
1,1 % in 2002 to 2 % in the RIP. As for the export prices, all the above countries have exported to
the Community at prices higher than the Community industry prices in the RIP and in some cases
throughout the period considered, with the exception of Russia and Romania. In the case of imports
from Russia, since April 2002, by Regulation (EC) No 658/2002 (1), they are subject to an anti-
dumping duty of EUR 47,07 per tonne. In this respect, it should be noted that the import prices
were consistently lower than those from Ukraine,
the period considered with the
exception of the RIP. As to the Romanian prices, they were lower than the Community industry’s
prices, but the export volumes decreased from 187 000 tonnes in 2002 to 111 000 tonnes in the
RIP, representing a decrease from a low market share of 2,4 % in 2002 to 1,5 % in the RIP.

throughout

4. Economic situation of the Community industry

(60)

Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic
factors and indices having a bearing on the state of the Community industry.

(1) OJ L 102, 18.4.2002, p. 1. Regulation as amended by Regulation (EC) No 945/2005.

24.4.2007

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Official Journal of the European Union

L 106/9

(61)

(62)

4.1. Preliminary remarks

Three of the cooperating Community industry producers were found to use the like product for
further processing to blended or synthetic fertiliser products which are further downstream nitro-
genous fertilisers containing, in addition to the nitrogen, water-soluble phosphorus, and/or water-
soluble potassium, which are the other primary fertiliser nutrients. These products, with ammonium
nitrate content less than 80 % by weight, do not compete on the market with the like product.

Such internal captive transfers of AN production do not enter the open market and thus are not in
direct competition with imports of the product concerned. It was therefore examined whether and to
what extent the subsequent use of the Community industry’s production of the like product had to
be taken into account in the analysis. As the investigation showed that the captive use represents an
insignificant fraction of the Community industry’s production, i.e. up to 2 %, it was not considered
necessary to distinguish the free and the captive market. For the sake of clarity and transparency,
however, the volumes of AN produced by the Community industry and used as captive transfers are
mentioned in recital (64) below.

(63) Where recourse is made to sampling, in accordance with established practice, certain injury indicators
(production, production capacity, stocks, sales, market share, growth and employment) are analysed
for the Community industry as a whole (C.I. in the enclosed tables), while those injury indicators
relating to the performances of individual companies, i.e. prices, costs of production, profitability,
wages, investments, return on investment, cash flow, ability to raise capital are examined on the basis
of information collected at the level of the sampled Community producers (S.P.
in the enclosed
tables).

4.2. Data relating to the Community industry as a whole

(a) P r o d u c t i o n

(64)

The Community industry’s production increased by 7 % between 2002 and the RIP, i.e. from a level
of around 5,1 million tonnes in 2002 to a level of around 5,4 million tonnes in the RIP. As for the
production used for captive transfers,
it remained practically stable and very low throughout the
period considered, showing thus that it cannot affect the injury picture of the Community industry.

2002

2003

2004

RIP

C.I. production (tonnes)

5 075 456

5 424 732

5 358 283

5 446 307

Index (2002 = 100)

100

107

106

107

C.I. production used for captive transfers

83 506

83 911

93 187

107 461

As % of total production

1,6 %

1,5 %

1,7 %

2,0 %

Source: Complainants, sampling questionnaire replies and verified questionnaire replies.

(b) C a p a c i t y a n d c a p a c i t y u t i l i s a t i o n r a t e s

(65)

Production capacity remained practically stable throughout the period considered. In view of the
growth in production, the resulting capacity utilisation increased, from a level of 52 % in 2002 to a
level of 56 % in the RIP. As already noted in the original investigation, capacity utilisation for this
type of production and industry can be affected by the production of other products which can be
produced on the same production equipment and is therefore less meaningful as an injury indicator.

L 106/10

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Official Journal of the European Union

24.4.2007

C.I. Production capacity (tonnes)

9 813 156

9 843 266

9 681 968

9 718 866

C.I. Capacity utilisation

52 %

55 %

55 %

56 %

2002

2003

2004

RIP

(c) S t o c k s

(66)

The level of closing stocks of the Community industry decreased by 10 percentage points from 2002
to the RIP. A sharp decrease registered in 2003 and 2004 was due to an increase in sales,
in
particular the exports of the Community industry (see recital below), rather than in production
volumes.

C.I. Closing stocks (tonnes)

312 832

216 857

163 824

282 942

Index (2002 = 100)

100

69

52

90

2002

2003

2004

RIP

(d) S a l e s v o l u m e

(67)

Sales by the Community industry on the Community market increased by 13 % between 2002 and
the RIP. This development has to be seen against the background of a slightly shrinking consumption
on the Community market.

2002

2003

2004

RIP

C.I. EC sales volume (tonnes)

4 499 898

5 045 582

4 975 864

5 074 188

Index (2002 = 100)

100

112

111

113

S.P. sales volume to third countries (tonnes)

420 588

528 437

522 349

373 106

Index (2002 = 100)

100

126

124

89

(e) M a r k e t s h a r e

(68)

The market share held by the Community industry increased between 2002 and the RIP. Specifically,
the Community industry gained more than 8 percentage points of market share during the period
considered.

Market share of Community industry

58,0 %

62,3 %

64,0 %

66,4 %

Index (2002 = 100)

100

107

110

114

2002

2003

2004

RIP

(f) G r o w t h

(69)

The Community industry gained market share in a slightly shrinking market over the period
considered.

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L 106/11

(g) E m p l o y m e n t

(70)

The level of employment of the Community industry decreased by 5 % between 2002 and the RIP,
while production increased, thus reflecting the concern of the industry to continuously increase its
productivity and competitiveness.

C.I. Employment product concerned

Index (2002 = 100)

(h) P r o d u c t i v i t y

2002

1 653

100

2003

1 613

98

2004

1 593

96

RIP

1 572

95

(71)

The output per person employed by the Community industry per year increased substantially
between 2002 and the RIP, thus showing the combined positive impact of reduced employment
and increase in production of the Community industry.

C.I. Productivity (tonnes per employee)

Index (2002 = 100)

2002

3 071

100

2003

3 362

109

2004

3 364

110

RIP

3 464

113

(i) M a g n i t u d e o f d u m p i n g m a r g i n

(72) As concerns the impact on the Community industry of the magnitude of the actual margin of
dumping, given the currently small volume of imports from Ukraine, this impact is considered
not to be significant and the indicator not meaningful.

4.3. Data relating to the sampled Community producers

(a) S a l e s p r i c e s a n d f a c t o r s a f f e c t i n g d o m e s t i c p r i c e s

(73)

The sampled Community industry producers’ average net sales price increased substantially in 2004
and the RIP reflecting the prevailing favourable international market conditions of AN during the
same period.

S.P. Unit price EC market (EUR/tonne)

Index (2002 = 100)

2002

132

100

2003

133

101

2004

146

111

RIP

167

127

(b) W a g e s

(74)

Between 2002 and the RIP, the average wage per employee increased by 9 %, as the table below
shows. In the light of the inflation rate and the overall reduced employment, this increase of wages is
considered to be moderate.

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Official Journal of the European Union

24.4.2007

S.P. Annual

labour cost per employee (000 EUR)

Index (2002 = 100)

2002

46,5

100

2003

46,8

101

2004

46,7

100

RIP

50,5

109

(c) I n v e s t m e n t s

(75) Annual investments in the like product made by the four sampled producers developed positively
during the period considered, i.e. increased by 69 %, although they showed some fluctuations. These
investments related mainly to modernisation of machinery. This shows the efforts of the Community
industry to continuously improve its productivity and competitiveness. The results are apparent in the
evolution of productivity which increased substantially (see recital
(71) above) during the same
period.

S.P. Net investments (000 EUR)

21 079

16 751

22 287

35 546

Index (2002 = 100)

100

79

106

169

2002

2003

2004

RIP

(d) P r o f i t a b i l i t y a n d r e t u r n o n i n v e s t m e n t s

(76)

Profitability of the sampled producers shows a gradual improvement notably since 2003 and reached
the level of 8,2 % during the RIP. In this respect, it is noted that in the original investigation, a profit
margin of 8 % that may be reached in the absence of injurious dumping had been established. The
return on investments (ROI), expressed as the profit in per cent of the net book value of investments,
broadly followed the profitability trend over the whole period considered.

S.P. Profitability of EC sales to unrelated customers
(% of net sales)

2002

3,9 %

2003

5,5 %

2004

7,6 %

RIP

8,2 %

Index (2002 = 100)

100

139

194

209

S.P. ROI
investment)

(profit

in % of net book value of

10,1 %

14,0 %

20,0 %

25,5 %

Index (2002 = 100)

100

139

197

252

(e) C a s h f l o w a n d a b i l i t y t o r a i s e c a p i t a l

(77)

Cash flow has increased by 13 percentage points during the period considered. This development is
in line with the development of the overall profitability during the period considered.

S.P. Cash flow (000 EUR)

59 631

61 446

69 848

67 216

Index (2002 = 100)

100

103

117

113

2002

2003

2004

RIP

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L 106/13

(78)

The investigation did not reveal any difficulties encountered by the sampled Community producers in
raising capital. In this respect, it should be noted that as several of these companies are part of large
groups, they finance their activities within the group to which they belong either through cash-
pooling schemes or through intra-group loans granted by the mother companies.

5. Conclusion

(79)

Between 2002 and the RIP, all
injury indicators developed positively: production volume of the
Community industry increased, unit sales prices and sales volumes of the Community industry
increased, and profitability improved substantially and in line with the prices. Return on investment
and cash-flow evolved positively as well. Wages developed moderately and the Community industry
continued to invest.

(80) Moreover, the Community market share increased by 9 % in a slightly shrinking market. Productivity
also increased substantially reflecting the positive evolution of production and the efforts of the
Community industry to improve it through investments.

(81) Overall, the situation of the Community industry has improved significantly as compared to its
the anti-dumping measures on imports of AN from the
situation prior to the imposition of
country concerned in 2001. The measures had therefore a clear positive impact on the economic
situation of the Community industry.

(82)

It is therefore concluded that the situation of the Community industry has improved gradually during
the period considered, as compared to the period preceding the imposition of measures.

F. LIKELIHOOD OF RECURRENCE OF INJURY

1. General

(83)

Since there is no continuation of material injury caused by imports from the country concerned, the
analysis focused on the likelihood of recurrence of injury. In this respect, two main parameters were
analysed: (i) possible export volumes and prices of the country concerned and (ii) the effect of those
projected volumes and prices from the country concerned on the Community industry.

2. Possible export volumes and prices of the country concerned

(84) As it is shown in recital (41), there is a known spare capacity of around 600 000 to 700 000 tonnes
of the cooperating Ukrainian producers, representing 8 to 10 % of the Community market. This
surplus capacity indicates that Ukrainian producers have the possibility to increase their current
production and thus also their exports of AN.

(85) Moreover, given the relatively small domestic market, Ukrainian producers are heavily dependent on
exports to third countries. As demonstrated in the table below, Ukrainian exports to third countries
in 2005 were about 847 000 tonnes in total, representing about 11 % of the Community market.

L 106/14

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Official Journal of the European Union

24.4.2007

Ukrainian exports to third countries:

2004

2005

Turkey

Egypt

Volume in tonnes

295 436

292 943

Price in EUR/tonne (*)

98

98

Volume in tonnes

81 522

183 248

Price in EUR/tonne (*)

95

97

Morocco

Volume in tonnes

92 541

62 879

India

Syria

Brazil

Price in EUR/tonne (*)

96

94

Volume in tonnes

42 456

48 256

Price in EUR/tonne (*)

77

106

Volume in tonnes

50 851

41 143

Price in EUR/tonne (*)

100

110

Volume in tonnes

8 000

38 870

Malaysia

Volume in tonnes

Price in EUR/tonne (*)

Price in EUR/tonne (*)

74

—

91

35 913

101

Argentina

Volume in tonnes

28 790

28 815

Price in EUR/tonne (*)

99

97

Other countries

Volume in tonnes

140 225

114 783

Price in EUR/tonne (*)

90

106

Total exports to third countries

Volume in tonnes

739 821

846 849

Price in EUR/tonne (*)

95

99

Source: Ukrainian statistics.
(*) The unit price is based on the customs value of the product at the Ukrainian border. This value can be considered comparable

to the value of imports into the Community originating in Ukraine based on Eurostat.

(86) As can be seen from the table, Ukraine increased its
exported volume of AN to third countries from 2004
to 2005. These exports were made at prices substantially
lower than the exports to the Community.

(87)

to be attractive for

the Community market would
In the above context,
appear
the Ukrainian exporting
producers in terms of prices as compared to all other
export markets. On this basis, it is reasonably expected
that a considerable part of the volumes exported to third
countries would be very likely directed toward the
Community market, should the measures be allowed to
lapse, despite the early indications of the narrowing of
the gap of the price difference between sales to third

above. The
as

countries and sales to the Community mentioned in
the
recital
(45)
export
Community market,
markets, would also render
the Community market
more attractive and would therefore lead to the redir-
ection of current exports by Ukrainian producers to
third countries.

relative proximity of
compared to other

(88) Given the currently weak market position of Ukrainian
products
the Ukrainian exporters would
however need to regain lost market share or broaden
their customer base and are likely to do so at dumped
prices as established during the RIP.

in the EC,

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Official Journal of the European Union

L 106/15

(89)

the Community industry’s
The applicant argued that
profit was actually very poor over the period considered
and that only during the RIP it reached the rate of 8 %. It
further argued that a capital
intensive industry such as
the fertilizers industry could not survive over the long-
term, i.e. maintain and replace capital and all operations
on such profit rate. In this respect, it should be noted
that the non-injurious profit rate of 8 %, established in
the original investigation was considered to be a normal
profit that this kind of industry should expect to reach in
the absence of injurious dumping. However, also during
that original investigation, it was established that due to
injurious dumping from,
inter alia, the Ukraine, profit-
ability had deteriorated to – 12,4 %. Therefore, should
measures be repealed, there is a serious risk that profit-
ability be reduced to a percentage considerably below the
non-injurious rate).

(90)

It is to be noted that around 80 % of total Ukrainian
exports to the Community market during the RIP were
made under a price undertaking. Nevertheless, the prices
were 20 to 25 % above the minimum import price of
this undertaking. It should, however, be noted that the
undertaking was subject to a quantitative ceiling, and that
therefore
to draw a general
conclusion as
to what would have been the price
behaviour of the exporters in the absence of such a
quantitative ceiling.

it was not possible

(91) On the basis of the above, it would therefore be likely
that significant volumes of AN produced in Ukraine
would be redirected to the Community market at
dumped
undercut
Community industry’s prices, if measures are allowed to
lapse.

substantially

which

prices

prices reflecting mainly the favourable market conditions
prevailing in particular during 2004 and the RIP.

a

factors

(93) With regard to the favourable market conditions during
the last two years of the period considered, it should be
noted that they played an important role in keeping the
prices at a high level, in addition to the applicable anti-
dumping measures. Indeed, during that period, a tight
worldwide supply-and-demand balance resulted in high
prices for all nitrogen fertilisers. AN is,
like the other
commodity whose pricing is
nitrogen fertilisers,
influenced by numerous
ranging from the
volatile gas price having a considerable impact on the
supply as being the most important costing element, to
the weather conditions, crops and grain stock levels
resulting in reduced or increased demand. With particular
regard to the Community market,
the demand of
nitrogen fertilisers is expected to slightly decrease in
the forthcoming years (1). The maintenance of
such
high prices depends therefore on a tight supply, which
is nevertheless very unlikely, as the investigation showed,
given the spare export capacity of the country concerned
and the likelihood that part of
its exports to third
countries during the RIP would be redirected to the
Community, should the measures lapse. Given that the
prices practiced by the Ukrainians were significantly
undercutting the prices of the Community industry, the
likely increase in import volumes from Ukraine will force
the Community industry either to significantly lower its
prices, and thereby its profits, or to lose significant
market share and thus revenue, or both. The successful
restructuring process of the Community industry could
probably only partially counterbalance such a likely price
depression and the whole recovery process would be put
in danger. Therefore, a deterioration of the Community
industry’s overall performance is likely to result from the
repeal of the measures.

3. Impact on the Community industry of

the
projected export volumes and price effects in
case of repeal of measures

(94)

(92)

In view of the above established likelihood of significant
from Ukraine into the
increase of export volumes
Community market at dumped and undercutting prices,
the Community industry would have to significantly
decrease its sales prices to maintain its customers. This
is particularly true as AN is a volatile commodity for
which prices can be significantly affected by an import
volume at dumped prices undercutting the Community
industry’s prices. Therefore profits would strongly
decrease,
the
Community industry’s performance is due to sales

improvement

current

the

of

as

4. Conclusion on likelihood of recurrence of injury

The above leads to the conclusion that should measures
lapse, exports from the country concerned would very
likely occur in significant volumes and at dumped prices
that would undercut the Community industry’s prices.
This would in all likelihood have the effect of introducing
a price-depressive trend on the market, with an expected
the
negative impact on the economic situation of
Community industry. This would, in particular,
impede
the financial recovery that was achieved in 2004 and the
RIP, leading to a likely recurrence of injury.

‘Global

(1) Source:

demand balances: 2005 to 2009’, A05/71b,
tional Fertiliser Industry Association (IFA).

fertilisers and raw materials supply and supply/
June 2005, Interna-

L 106/16

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Official Journal of the European Union

24.4.2007

G. COMMUNITY INTEREST

(101)

1. Introduction

(95) According to Article 21 of the basic Regulation, it was
the existing anti-
examined whether maintenance of
dumping measures would be against the interest of the
Community as a whole. The determination of
the
Community interest was based on an appreciation of
all various interests involved.

(96)

in the original

It should be recalled that,
investigation,
to be
the adoption of measures was considered not
contrary to the interest of the Community. Furthermore,
the fact that the present investigation is a review, thus
analysing a situation in which anti-dumping measures
have already been in place, allows the assessment of
any undue negative impact on the parties concerned by
the current anti-dumping measures.

that

to the extent

investigation it was
in the original
It is recalled that
found that the impact of the imposition of measures
would not be significant
imports
would continue to take place albeit at non-injurious
prices and that as a rule, importers do not only deal in
AN but also, to a significant extent, in other fertilisers.
The downward trend in imports
from the country
concerned during the period considered leads to the
conclusion that some importers may indeed have had
of
consequences
negative
imposition
(52) of Commission
measures, as indicated in recital
Regulation (EC) No 1629/2000 (1). However,
in the
absence of cooperation of importers and thus of any
conclusive evidence allowing to assess any significant
negative consequences, it was concluded that the impo-
sition of measures appears to have had an overall limited
impact on the majority of importers/traders.

from the

(102) There is no reliable information available indicating that
the maintenance of the measures will have a significant
negative effect on importers or traders.

(97) On this basis,

it was examined whether, despite the
conclusions on the likelihood of recurrence of injurious
dumping, compelling reasons existed which would lead
to the conclusion that it is not in the Community interest
to maintain measures in this particular case.

4. Interest of users

(98)

(99)

2. Interest of the Community industry

The Community industry has proven to be a structurally
viable industry. This was confirmed by the positive devel-
its economic situation observed after the
opment of
imposition of anti-dumping measures
In
particular, the Community industry improved its profit
situation between 2002 and the RIP and restructured
itself successfully.

in 2001.

It can thus reasonably be expected that the Community
from the measures
industry will continue to benefit
currently imposed and further recover by maintaining
and stabilising its profitability. Should the measures not
be maintained,
increased imports at
dumped prices from the country concerned will occur,
thereby causing injury to the Community industry by
exerting a downward pressure on the sales prices
which will endanger
its currently positive financial
situation.

is likely that

it

3. Interest of importers

(100) As mentioned in recital (11) above, only one importer
indicated its willingness to be included in the sample and
provided the basic information required in the sampling
form. However,
the said importer did not have any
import activity during the RIP.

(103) Users of AN are farmers in the Community.

investigation,

In the
original
it was concluded that given the
small incidence of the cost of AN on the farmers, any
increase in these costs was unlikely to have a significant
adverse effect on them. The fact that no users or user
association provided any information contradicting the
above finding in the framework of the current review
investigation seems to confirm that: (i) AN represents a
very small part of total production costs for the farmers;
(ii) the measures currently in force did not have any
substantial negative effect on their economic situation;
continuation of measures would not
and (iii)
adversely affect the financial interests of the farmers.

the

5. Conclusion on Community interest

(104) Given the above,

it

is concluded that

compelling reasons against
current anti-dumping measures.

the maintenance of

there are no
the

H. ANTI-DUMPING MEASURES

(105) All parties were informed of

the essential

facts and
considerations on the basis of which it is intended to
recommend that the existing measures be maintained.
They were also granted a period to make representations
subsequent to this disclosure.

(1) OJ L 187, 26.7.2000, p. 12.

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L 106/17

(106)

It follows from the above that, as provided for by Article
11(2) of the basic Regulation, the anti-dumping measures
applicable to imports of AN originating in Ukraine
should be maintained. It is recalled that these measures
consist of specific duties.

impact on export prices of the production costs increases
caused by the evolution of domestic gas prices. Therefore
it is considered prudent to limit the maintenance of the
measures to two years, without prejudice to the other
provisions of Article 11 of the basic Regulation,

(32),

(107) As indicated in recital (45), the Ukrainian import prices
for natural gas have significantly increased since the RIP
and they are likely to progressively converge with inter-
in the coming years. Moreover, as
national prices
explained in recital
the dumping findings were
based on a normal value determined on the basis of
data obtained from a producer in a market economy
third country. Subsequent to the lodging of the request
for the expiry review, Ukraine obtained market economy
status. Given this, and that natural gas is the main cost
element for producing AN,
it is possible that should
dumping be revised at a later stage on the basis of
normal value data of
the
findings would differ
from those established in the
current review. Likewise, the potentially injurious effects
of that revised dumping would also be affected by the

the Ukrainian exporters,

HAS ADOPTED THIS REGULATION:

Article 1

1.
A definitive anti-dumping duty is hereby imposed on
imports of solid fertilisers with an ammonium nitrate content
exceeding 80 % by weight, falling within CN codes 3102 30 90,
3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00,
ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00
and ex 3105 90 91, and originating in Ukraine.

The rate of anti-dumping duty shall be a fixed amount of

2.
euro per tonne as shown below:

Product description

CN code

TARIC code

Ammonium nitrate other than in aqueous solutions

3102 30 90

—

Mixtures of ammonium nitrate with calcium carbonate or other
inorganic non-fertilising
substances, with a nitrogen content
exceeding 28 % by weight

3102 40 90

Amount of duty
(EUR/tonne)

33,25

33,25

Double salts and mixtures of ammonium sulphate and ammonium
nitrate — solid fertilisers with an ammonium nitrate content
exceeding 80 % by weight

3102 29 00

10

33,25

Double salts and mixtures of calcium nitrate and ammonium nitrate
— solid fertilisers with an ammonium nitrate content exceeding 80 %
by weight

3102 60 00

10

33,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by
weight

3102 90 00

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

20

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

3105 10 00

30

31,25

3105 10 00

40

30,26

L 106/18

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Official Journal of the European Union

24.4.2007

Product description

CN code

TARIC code

Amount of duty
(EUR/tonne)

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 %
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 9 % by weight or more but not exceeding
12 % by weight

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

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 51 00

10

32,25

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

3105 51 00

20

31,25

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

3105 51 00

30

30,26

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

3105 51 00

40

29,79

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 59 00

10

32,25

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

3105 59 00

20

31,25

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

3105 59 00

30

30,26

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

3105 59 00

40

29,79

Solid fertilisers with an ammonium nitrate content exceeding 80 % by
weight, and a potassium content evaluated as K2O of less than 3 % by
weight

3105 90 91

30

32,25

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

3105 90 91

40

31,25

24.4.2007

EN

Official Journal of the European Union

L 106/19

Product description

CN code

TARIC code

Amount of duty
(EUR/tonne)

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

3105 90 91

50

30,26

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

3105 90 91

60

29,26

In cases where goods have been damaged before entry into free circulation and, therefore, the price
3.
actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145
of Commission Regulation (EEC) No 2454/93 (1), the amount of anti-dumping duty, calculated on the
amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price
actually paid or payable.

4.

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union. It shall be in force for a period of two years.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 19 April 2007.

For the Council
The President

B. ZYPRIES

(1) OJ L 253, 11.10.1993, p. 1.