Commission Regulation (EC) No 241/2009 of 20 March 2009 initiating a new exporter review of Council Regulation (EC) No 1911/2006 imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating, inter alia , in Russia, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2009-03-20
Institutions: European Commission
Subjects: EC Regulation, Russia, anti-dumping duty, chemical fertiliser, import, originating product, repeal

21.3.2009

EN

Official Journal of the European Union

L 75/5

COMMISSION REGULATION (EC) No 241/2009

of 20 March 2009
initiating a ‘new exporter’ review of Council Regulation (EC) No 1911/2006 imposing a definitive
anti-dumping duty on imports of solutions of urea and ammonium nitrate originating, inter alia, in
Russia, repealing the duty with regard to imports from one exporter in this country and making
these imports subject to registration

(5)

(6)

(7)

(8)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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(4) thereof,

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
Regulation. The application was lodged by Joint Stock
Company Acron (the applicant), an exporting producer
in Russia (the country concerned).

B. PRODUCT

The product under
review is mixtures of urea and
ammonium nitrate in aqueous or ammoniacal solution
originating in Russia (the product concerned), currently
classifiable within CN code 3102 80 00.

C. EXISTING MEASURES

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
1911/2006 (2) under which imports into the Community
the product concerned originating in Russia, and
of
produced by the applicant, are subject to a definitive
anti-dumping duty of EUR 20,11 per tonne with the
exception of one company expressly mentioned which
is subject to an individual duty.

D. GROUNDS FOR THE REVIEW

The applicant alleges that it did not export the product
concerned to the Community during the period of inves­
tigation on which the anti-dumping measures were
i.e., the period from 1 June 1998 to 31 May
based,
1999 (the original
investigation period) and that it is
not related to any of the exporting producers of the
product which are subject to the abovementioned anti-
dumping measures.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 365, 21.12.2006, p. 26.

The applicant further alleges that it began exporting the
product concerned to the Community after the end of
the original investigation period.

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given
and opportunity to comment. No comments have been
received.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’
to
Article 11(4) of the basic Regulation, with a view to
determine the applicant’s individual margin of dumping
and, should dumping be found, the level of the duty to
which their imports of the product concerned into the
Community should be subject.

review, pursuant

it

the

applicant

is determined that

If
the
it
requirements to have an individual duty established,
may be necessary to amend the rate of duty currently
applicable to imports of the product concerned from
companies not
individually mentioned in Article 1(2)
of Regulation (EC) No 1911/2006.

fulfils

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation,
the Commission will send a
questionnaire to the applicant.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

Furthermore,
parties, provided that
writing showing that
why they should be heard.

the Commission may hear interested
they make a request
in
there are particular reasons

Attention is drawn to the fact that the exercise of
most procedural rights set out in the basic Regulation
depends on the parties making themselves known
within the period provided for by the present Regu­
lation.

L 75/6

EN

Official Journal of the European Union

21.3.2009

(9)

F. REPEAL OF THE DUTY IN FORCE AND REGIS­
TRATION OF IMPORTS

subject

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
to registration in accordance with
made
to
Article 14(5) of
in order
ensure that, should the review result
in a finding of
dumping in respect of
the applicant, anti-dumping
duties can be levied retroactively from the date of the
initiation of this review. The amount of the applicant’s
possible future liabilities cannot be estimated at this stage
of the proceeding.

the basic Regulation,

(14)

G. TIME LIMITS

(10)

In the interest of sound administration,
should be stated within which:

time limits

(a)

their views

interested parties may make themselves known to the
Commission, present
in writing and
submit the replies to the questionnaire mentioned
this Regulation or provide any
in recital 8(a) of
other information to be taken into account during
the investigation;

(b) interested parties may make a written request to be

heard by the Commission.

the processing of personal data by the Community insti­
tutions and bodies and on the free movement of such
data (1).

J. HEARING OFFICER

they may request

the intervention of

It is also noted that if interested parties consider that they
are encountering difficulties in the exercise of their rights
the
of defence,
Hearing Officer of DG Trade. He acts as an interface
between the interested parties and the Commission
offering, where necessary, mediation on
services,
procedural matters affecting the protection of
their
in particular with regard
interests in this investigation,
to issues concerning access to the file, confidentiality,
extension of time limits and the treatment of written
and/or oral submission of views. For further information
and contact details,
interested parties may consult the
Hearing Officer’s web pages on the website of DG
Trade (http://ec.europa.eu/trade),

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1911/2006 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent
the imports of
mixtures of urea and ammonium nitrate in aqueous or ammo­
niacal solution falling within CN code 3102 80 00, originating
in Russia, produced and sold for export to the Community by
Joint Stock Company Acron (TARIC additional code A 932)
should be subject to the anti-dumping duty imposed by Regu­
lation (EC) No 1911/2006.

H. NON-COOPERATION

Article 2

(11)

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.

(12) Where it is found that any interested party has supplied
false or misleading information, the information shall be
in accordance with
disregarded and use may be made,
Article 18 of the basic Regulation, of the facts available.
If an interested party does not cooperate or cooperates
only partially, and findings are therefore based on the
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.

I. PROCESSING OF PERSONAL DATA

(13)

It is noted that any personal data collected in this inves­
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and the
Council on the protection of individuals with regard to

The anti-dumping duty imposed by Regulation (EC) No
1911/2006 is hereby repealed with regard to the imports iden­
tified in Article 1.

Article 3

The customs authorities are hereby directed, pursuant
to
Article 14(5) of Regulation (EC) No 384/96, to take the appro­
priate steps to register the imports identified in Article 1. Regis­
tration shall expire nine months following the date of entry into
force of this Regulation.

Article 4

Interested parties, if their representations are to be taken
1.
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital 8(a)
of this Regulation or any other information, unless otherwise
specified, within 40 days of the entry into force of this Regu­
lation. Interested parties may also apply in writing to be heard
by the Commission within the same 40-day time limit.

(1) OJ L 8, 12.1.2001, p. 1.

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Official Journal of the European Union

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All submissions and requests made by interested parties
2.
must be made in writing (not
in electronic format, unless
otherwise specified) and must indicate the name, address, e-
mail address,
the interested
telephone and fax numbers of
including the information
party. All written submissions,
requested in this Regulation, questionnaire replies and corre­
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and,
in accordance with
Article 19(2) of Regulation (EC) No 384/96, shall be accom­
panied by a non-confidential version, which will be labelled ‘For
inspection by interested parties’.

European Commission

Directorate General for Trade

Directorate H

Office: N105 4/92

B-1049 Brussels

Fax (32 2) 295 65 05

Article 5

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

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

Done at Brussels, 20 March 2009.

For the Commission

Catherine ASHTON
Member of the Commission

(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
European Parliament and of the Council
(OJ L 145, 31.5.2001,
p. 43).
It is a confidential document pursuant to Article 19 of
Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and
Article 6 of the WTO Agreement on Implementation of Article VI of
the GATT 1994 (Anti-dumping Agreement).