PROFIT MARGIN WERE COMPARED WITH THE FREE-AT-COMMUNITY-FRONTIER EXPORT PRICES PLUS CUSTOMS DUTIES AND A PROFIT MARGIN FOR THE IMPORTER .
THE AMOUNT OF THE PROVISIONAL ANTI-DUMPING DUTIES TO BE IMPOSED SHOULD CORRESPOND TO THE AMOUNT NEEDED TO REMOVE INJURY EXCEPT FOR VENEZUELAN EXPORTS AND THOSE OF AGRICO ( USA ), FOR WHICH THE AMOUNTS SHOULD BE EQUAL TO THE DUMPING MARGIN, GIVEN THAT IN THESE CASES THE INJURY THRESHOLD WAS HIGHER .
( B ) FORM
( 45 ) TO ENSURE THAT THESE DEFENSIVE MEASURES ARE EFFECTIVE AND TO FACILITATE CUSTOMS CLEARANCE, THE COMMISSION CONSIDERED THAT THE PROVISIONAL DUTY SHOULD TAKE THE FORM OF AN AD VALOREM DUTY .
F . FINAL PROVISION
( 46 ) IN THE INTERESTS OF GOOD ADMINISTRATION, A REASONABLE PERIOD SHOULD BE FIXED WITHIN WHICH THE PARTIES CAN MAKE KNOWN
THEIR VIEWS ON THE FINDINGS SET OUT IN THIS REGULATION AND REQUEST A HEARING,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A PROVISIONAL ANTI-DUMPING DUTY IS HEREBY IMPOSED ON IMPORTS OF UREA FALLING WITHIN CN CODES 3102 10 10 AND 3102 10 99 AND ORIGINATING IN AUSTRIA, HUNGARY, MALAYSIA, ROMANIA, THE USA AND VENEZUELA .
2 . THE AMOUNT OF THAT DUTY, CALCULATED ON THE BASIS OF THE FREE-AT-COMMUNITY-FRONTIER PRICE OF THE PRODUCT, NOT CLEARED THROUGH CUSTOMS, SHALL BE :
1,7 % FOR UREA ORIGINATING IN AUSTRIA
51,0 % FOR UREA ORIGINATING IN HUNGARY
31,5 % FOR UREA ORIGINATING IN MALAYSIA
54,2 % FOR UREA ORIGINATING IN ROMANIA
12,0 % FOR UREA ORIGINATING IN THE USA, WITH THE EXCEPTION OF UREA PRODUCED AND EXPORTED BY AGRICO CHEMICAL COMPANY, NEW ORLEANS, WHERE THE RATE SHALL BE 6 %
35,0 % FOR UREA ORIGINATING IN VENEZUELA .
3 . THE DUTY SPECIFIED IN THIS ARTICLE SHALL NOT APPLY TO THE PRODUCT PRODUCED AND EXPORTED BY THE FIRST MISSISSIPPI CORPORATION, JACKSON, MISSISSIPPI, UNITED STATES .
4 . THE PROVISIONS IN FORCE CONCERNING CUSTOMS DUTIES SHALL APPLY .
5 . RELEASE FOR FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO THE LODGING OF A SECURITY EQUIVALENT TO THE AMOUNT OF THE PROVISIONAL DUTY .
ARTICLE 2
WITHOUT PREJUDICE TO ARTICLE 7 ( 4 ) ( B ) AND ( C ) OF REGULATION ( EEC ) NO 2423/88, THE PARTIES MAY MAKE KNOWN THEIR VIEWS IN WRITING AND REQUEST A HEARING WITH THE COMMISSION WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THIS REGULATION .
ARTICLE 3
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
SUBJECT TO ARTICLES 11, 12 AND 14 OF REGULATION ( EEC ) NO 2423/88, IT SHALL APPLY FOR A PERIOD OF FOUR MONTHS OR UNTIL THE COUNCIL ADOPTS DEFINITIVE MEASURES, WHICHEVER IS THE EARLIER .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS, 24 AUGUST 1988 .
FOR THE COMMISSION
STANLEY CLINTON DAVIS
MEMBER OF THE COMMISSION