Proposal for a Council Regulation amending Regulation (EC) No 661/2008, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia
Date: 2009-09-22
Institutions: European Commission
Subjects: Russia, anti-dumping legislation, anti-dumping measure, chemical compound, chemical fertiliser, import, originating product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.9.2009 
COM(2009) 493 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 661/2008, imposing a definitive anti-dumping duty on 
imports of ammonium nitrate originating in Russia  

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

  •  Grounds for and objectives of the proposal 

This proposal concerns the application of Council Regulation (EC) No 384/96 
of  22  December  1995  on  protection  against  dumped  imports  from  countries 
not  members  of  the  European  Community,  as  last  amended  by  Council 
Regulation (EC) No 2117/2005 of 21 December 2005 (‘the basic Regulation’) 
in  the  proceeding  concerning  imports  of  ammonium  nitrate  from,  inter  alia, 
Russia. 

  •  General context 

This proposal is made in the context of the implementation of a judgment of 
the Court of First Instance of the European Communities on the validity of a 
Council Regulation adopted according to the basic Regulation and which was 
the  result  of  an  investigation  carried  out  in  line  with  the  substantive  and 
procedural requirements laid out in the basic Regulation.  

  •  Existing provisions in the area of the proposal 

Council  Regulation  (EC)  No  661/20081  of  8  July  2008  imposing  a  definitive 
anti-dumping  duty  on  imports  of  ammonium  nitrate  originating  in  Russia 
following  an  expiry  review  pursuant  to  Article  11(2)  and  a  partial  interim 
review pursuant to Article 11(3) of Regulation (EC) No 384/96. 

  •  Consistency with other policies and objectives of the Union 

Not applicable. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT 
ASSESSMENT 

  •  Consultation of interested parties 

  There was no need for consultation of interested parties. 

  •  Collection and use of expertise 

  There was no need for external expertise. 

  •  Impact assessment 

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OJ L 185, 8.7.2008, p.1. 

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This proposal is the result of the implementation of the judgement of the Court 
of  First  Instance  of  the  European  Communities  in  case  T-348/05  and  of  the 
implementation of the basic Regulation.  

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but 
contains an exhaustive list of conditions that have to be assessed. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

  •  Summary of the proposed action 

By  Regulation  (EC)  No  658/2002  the  Council  imposed  a  definitive  anti-
dumping duty on imports of ammonium nitrate falling within CN codes 3102 
30  90  and  3102  40  90  and  originating  in  Russia.  Following  a  request  by  the 
complainant, a product scope interim review was carried out which led to an 
amendment  by  way  of  Council  Regulation  (EC)  No  945/2005  imposing 
definitive  anti-dumping  duties  on  imports  of  solid  fertilisers  originating  in 
Russia with an ammonium nitrate content exceeding 80 % by weight (‘AN’). 
Finally, following a request for an expiry review pursuant to Articles 11(2) of 
the basic Regulation, the Council, by Regulation (EC) No 661/2008, imposed 
anti-dumping duties on the imports of ammonium nitrate originating in Russia 
for a further period of five years. 

On  14  September  2005,  the  exporter  JSC  Kirovo-Chepetsky  Khimichesky 
Kombinat  applied  before  the  Court  of  First  Instance  for  the  annulment  of 
Council  Regulation  (EC)  No  945/2005,  which  extended  the  scope  of  the 
measures.  The  applicant  maintained  that  the  Council  could  not  extend  the 
measures to a product which is different to the product concerned. 

On  10  September  2008,  in  case  T-348/05,  the  Court  of  First  Instance  of  the 
European Communities annulled Regulation (EC) No 945/2005.  

In view of the above, the anti-dumping duties that have been paid on imports 
from  JSC  Kirovo-Chepetsky  Khimichesky  Kombinat  to  the  European 
Community  of  ammonium  nitrate  pursuant  to  Council  Regulation  (EC)  No 
945/2005 and to Council Regulation (EC) No 661/2008, in both cases with the 
exception of those levied on import of products falling within CN codes 3102 
30  90  and  3102  40  90  which  formed  the  original  product  scope,  should  be 
repealed.  

It  is  therefore  proposed  that  the  Council  adopts  the  attached  proposal  for  a 
Regulation, which should be published in the Official Journal of the European 
Union at the earliest convenience. 

  •  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection 

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against  dumped  imports  from  countries  not  members  of  the  European 
Community, as last amended by Council Regulation (EC) No 2117/2005 and 
in particular article 11 (4) thereof.  

  •  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The 
subsidiarity principle therefore does not apply. 

  •  Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  for  the  following 
reasons. 

  The form of action is described in the basic Regulation and leaves no scope for 

national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the 
Community,  national  governments,  regional  and  local  authorities,  economic 
operators  and  citizens  is  minimized  and  proportionate  to  the  objective  of  the 
proposal is not applicable. 

  •  Choice of instruments 

  Proposed instruments: Council Regulation. 

  Other means would not be adequate because the matter is the modification of a 

Council Regulation. 

4) BUDGETARY IMPLICATION 

  The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 661/2008, imposing a definitive anti-dumping duty on 
imports of ammonium nitrate originating in Russia  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

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 Community2 (the 'basic 
Regulation') and in particular Article 9 paragraph 4 thereof,  

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

Whereas: 

A. PREVIOUS PROCEDURE 

(1) 

By  Regulation  (EC)  No  658/20023,  the  Council  imposed  a  definitive  anti-dumping 
duty on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 
90  and  originating  in  Russia.  Based  on  a  request  from  the  Community  industry  a 
product scope interim review was subsequently carried out and, by Council Regulation 
(EC) No 945/20054, definitive anti-dumping duties were imposed on imports of solid 
fertilisers  with  an  ammonium  nitrate  content  exceeding  80  %  by  weight  (‘AN’), 
currently 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 Russia.  

(2) 

Following  a  request  for  an  expiry  review  pursuant  to  Article  11(2)  of  the  basic 
Regulation,  the  Council,  by  Regulation  (EC)  No  661/20085,  confirmed  the  anti-
dumping duties on the imports of ammonium nitrate originating in Russia. 

B. PROCEEDING BEFORE THE COURT OF FIRST INSTANCE 

(3) 

On  14  September  2005,  JSC  Kirovo-Chepetsky  Khimichesky  Kombinat,  a  company 
incorporated  under  Russian  law,  lodged  an  application  at  the  Court  Registry  for  the 
annulment of the Council Regulation (EC) No 945/2005. 

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OJ L 56, 6.3.1996, p. 1.  
OJ L 102, 18.4.2002, p.1. 
OJ L 160, 23.6.2005, p.1. 
OJ L 185, 8.7.2008, p.1. 

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(4) 

On 10 September 2008, in case T-348/05, the Court of First Instance of the European 
Communities annulled Council Regulation (EC) No 945/2005 of 21 June 2005.  

C. AMENDMENT OF THE MEASURES 

(5) 

In  view  of  the  above  findings,  the  anti-dumping  measures  applicable  to  imports 
originating in Russia of ammonium nitrate, other than those falling within CN codes 
3102  30  90  and  3102  40  90  manufactured  and  exported  by  JSC  Kirovo-Chepetsky 
Khimichesky Kombinat should be repealed with retroactive effect to the date of entry 
into force of Council Regulation (EC) No 661/2008. 

(6) 

Repayment  or  remission  must  be  requested  from  national  customs  authorities  in 
accordance with applicable customs legislation, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  Subparagraph  (b)  of  Article  2(2)  of  Council  Regulation  (EC)  No  661/2008  shall  be 
renumbered to (c). 
2. The following shall be inserted into Article 2(2) of Council Regulation (EC) No 661/2008 
after subparagraph (a) 
"(b)  For  goods  produced  by  JSC  Kirovo-Chepetsky  Khimichesky  Kombinat  (TARIC 
additional code A959): 

Product description 

CN code 

TARIC code 

3102 30 90 

3102 40 90 

- 

- 

- Ammonium nitrate 
other than in 
aqueous solutions 
- Mixtures of 
ammonium nitrate 
with calcium 
carbonate or other 
inorganic non-
fertilising substances 
with a nitrogen 
content exceeding 
28% by weight 

Fixed amount of 
duty (EUR per 
tonne) 
47,07 

47,07 

For  goods  mentioned  in  Article  2(1)  produced  by  JSC  Kirovo-Chepetsky  Khimichesky 
Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply." 

Article 2 

The definitive anti-dumping duties paid on imports from JSC Kirovo-Chepetsky Khimichesky 
Kombinat  to  the  European  Community  of  the  product  concerned  pursuant  to  Council 
Regulation  (EC)  No  661/2008,  with  the  exception  of  those  levied  on  import  of  products 
falling  within  CN  codes  3102  30  90  and  3102  40  90,  shall  be  repaid  or  remitted.  The 
repayment  or  remission  shall  be  requested  from  national  customs  authorities  in  accordance 
with applicable customs legislation. 

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Article 3 

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

Article 1 shall apply from 13 July 2008. 

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

Done at Brussels, […] 

For the Council 
The President 
[…] 

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