CELEX: 51989PC0036
Language: en
Date: 1989-01-30
Title: Proposal for a COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on imports of urea originating in the United States of America or Venezuela and amending Council Regulation (EEC) No 3339/87 (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 36
Vol. 1989/0013
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(89 ) 36    final
                                                            Brussels ,^ January 1989
                       Proposal for a
                COUNCIL REGULATION ( EEC )
   Imposing a definitive anti-dumping duty on imports of urea
    originating in the United States of America or Venezuela
        and amending Council Regulation (EEC) No 3339/87
                     ■ presented by the Commission)
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I. PROCEDURE
   (a) Carrent proceedlng
  By means Of a notioe published in the Official Journal of the European
  Communities , the Commission announced the initiation of an anti¬
  dumping proceeding concerning Imports of urea originating in Austria ,
  Hungary , Malaysia , Romania , the United States or Venezuela . 1
  Commission Regulation (EEC) No 2623/88 OF 24 August 1988 Imposed a
  provisional anti-dumping duty on Imports of urea originating in the
  countries concerned . 2 The duty was extended for a period not
  exceeding two months by Regulation (EEC) No 4018/88 . 3
   (b) Previous proceeding
  Council Regulation (EEC) No 3339/87 imposed a definitive anti-dumping
  duty on imports of urea originating in Libya or Saudi Arabia and
  accepted undertakings given in connection with imports of urea
  originating in Czechoslovakia , the German Democratic Republic , Kuwait ,
  Trinidad and Tobago , the USSR or Yugoslavia and terminated the
  investigations . 4 In recital 49 of the Regulation , the Council
  considered that the measures adopted were of a transitional nature and
  would have to be reviewed at the end of the proceeding under way .
           1   0J No C 271 , 9.10.1987 , p.4 .
           2   0J No L 235 , 25.08.1988 , p.5 .
           3   (UNO L 355 , 23.12.1988 , p.3 .
           4   0J No L 317 , 7.11.1987 , p. 1
 ---pagebreak---                                        - 2 -
II . EUMPING
     (a) Carrent proceeding
     The weighted average margins for each of the exporters concerned were
     established as follows :
     Austria               Chemie Linz             over    50.0%
     USA                   Agrico                           6.4%
                           First Mississippi Corp           0.0%
                           Other exporters                 21.0%
     Hungary               Chemollmpex             over    51.0%
     Malaysia              ABF/ Petronas                   41.0%
     Romania               ICE Chimica             over    55.0%
     Venezuela             Pequiven/Ni troven (*)          21.5%
     (b) Previan.q jn-ncepdi ng
     Pursuant to recital 49 of Council Regulation (EEC ) No 3339/ 87 , there is
     no reason to review the dumping findings as established in the previous
     investigation and set out in that Regulation .
III . INJURY
     (a) Current prrv-y**iing
     The main facts established by the Commission are as follows :
     Imports of urea originating in the six countries concerned by this
     proceeding grew by more than 33% between 1984 and 1986 , and by almost
     186% between 1986 and 1987 .
     The share of the non-captive urea market held by these countries grew
     from 5.53% in 1984 to about 15% in 1987 .
*    For this exporter the Commission has , on the basis of sufficient
     evidence , revised the dumping margin , which had been provisionally
     established as 35% .
 ---pagebreak---                                 - 3 -
Price undercutting on these imports is considerable : up to 17% for urea
originating in Hungary , 20% for Austria , 23% for Malaysia and. over 30%
for the other countries involved in the proceeding .
The impact on the Community industry has been as follows :
Despite an increase of about 29% in urea consumption in the Community
between 1984 and 1987 , the market share held by Community manufacturers
fell from over 92% to about 75% during the same period .
The imports in question also depressed the prices charged by the
Community producers and adversely affected their profitability . During
the reference period three out of five manufacturers moved from profit
into loss and the losses already being made by the other two increased .
In conclusion , the increase in dumped imports of urea deprived the
Community industry of the benefits of increased consumption and , by
depressing prices , led to loss of market share for the Community
producers and a sharp deterioration in their financial results .
As a result , the Commission considers that the dumped imports of urea
from the countries concerned by this proceeding caused material injury
to the Community industry .
(b) Previous proceedlng
Pursuant to recital 49 of Council Regulation (EEC) No 3339/87 , there is
no reason to review the dumping findings as established in the previous
investigation and set out in that Regulation .
 ---pagebreak---                                     - 4 -
    [MJWiMCPVtf
In view of the serious difficulties confronting the Community industry
concerned , the Commission considers that the Community interest requires
that definitive measures be taken concerning imports of urea originating in
the countries involved in this proceeding in order to eliminate the injury
caused to the Community industry .
V.  DEFINITIVE MEASURES
     (a) Current proceeding
    On the basis of the above information , the Commission considers that a
    definitive ad valorem anti-dumping duty should be imposed on imports of
    urea originating in the United States of America or Venezuela , as
     follows :
    United States of America                      12.0%
        Agrico Chemical Company                    6.0%
        First Mississippi Corporation              0.0%
     Venezuela                                     21 . 5%
     (b) Previous measures
    Having reviewed the measures as requested by the Council , the
    Commission considers that the provisions adopted in Council Regulation
     (EEC) No 3339/87 should be confirmed , with the exception of the duty
    applicable to imports from Saudi. Arabia , which has been recalculated to
     take account of the change in the Community industry 's costs and allow
     for a profit margin for the importer . The rate of duty is 12.8% .
The Commission hereby presents to the Council a proposal for a Council
Regulation :
 - imposing a definitive anti-dumping duty on imports of urea originating
    in the United States of America or Venezuela and amending Council
    Regulation (EEC) No 3339/87 as regards the amount of the duty
    applicable to Saudi Arabia ;
 ---pagebreak---                                  - 5 -
collecting the amounts secured by way of provisional duty up to an
amount not exceeding the percentages indicated in the Regulation
imposing the definitive duty .
This proposal should, be examined jointly with the proposal for a
Regulation accepting the undertakings offered in connection with the
anti-dumping proceeding concerning imports of urea originating in
Austria , Hungary , Malaysia or Romania , confirming the undertakings
accepted pursuant to Council Regulation (EEC) No 3339/87 and
terminating the investigations .
 ---pagebreak---                       COUNCIL RHCUIAnON (EEC) No       / 89
                      Of
          Imposing a definitive anti-dumping duty on imports of urea
           originating in the United States of Amerloa or Venezuela
               *nd amending Council Regulation (EEC) No 3339/87
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Eoonomio Community ,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on
protection against dumped or subsidized Imports from countries not members
of the European Economic Community , 1 and in particular Article 12 thereof ,
Having regard to the proposal from the Commission , presented after
consultations within the Advisory Committee as provided for by the above
Regulation ,
Whereas :
I. CUREENT FROCEEnDG
A. PROVISIONAL MEASURES
1 . Commission Regulation (EEC) No 2623/88 Imposed a provisional anti¬
    dumping duty on imports of urea originating in Austria , Hungary ,
    Malaysia , Romania , the USA or Venezuela . 2 That duty was extended for
    a period not exceeding two months by Regulation (EEC) No 4018/88 . 3
1   QJ No L 209 , 2.8.1988 , p. 1 .
2   OJNoL 235 , 25.8.1988 , p. 5 .
3   QJ No L 355 , 23.12.1988 , p. 3 .
                                                                              £
 ---pagebreak---                                       - 2 -
E.
2 . Following the imposition of the provisional anti-dumping duty , the
    Ccsomuxiity producers -sod several exporters of the product concerned
    asked for am obtained a hearing sad also made known in writing their
    ■views on the Regulation imposing the provisional duty .
S.  One exporter asked tc he informed of the main facts and. considerations
     on the basis of which the Commission intended to recommend definitive
    a>easuros .  The C&smission. supplied the Information requested .
4.   In accordance with. Article 7(6) of Regulation (EEC) No 2423/ 88 , a
    meeting was arranged between the Venezuelan exporter and the community
     producers , represented by CMC-Engrais .
5.   In addition to the investigations which resulted in the determination
     of the provisional anti-dumping duty , the Commission carried out
     further investigations at the premises of the following Community
     producers :
     Belgium
     Nederlandse Stikstof Maatschappij E.V. (N.S.M. ), Brussels
     Compagnie française de l' azote (Cofaz ), Paris
     Société Chimique de .la Grande Paroisse , Paris
     Ireland
      Irish Fertiliser Industries (IFI ), Dublin
 ---pagebreak---                                      - 3 -
C. DUMPING
    a.l . Venezuela
6.  Normal value was definitively calculated on the basis of constructed
    value , since the average selling price on the internal market had been
    lower than production costs during the reference period . Normal value
    was definitively determined rasing the method and facts set out in
    recitals 11 , 13 and 14 of Regulation (EEC) No 2623/ 88 .
    However , the normal value determined on the basis of constructed value ,
    in accordance with Article 2(3)(b)(ii ) of Regulation (EEC) No 2423/ 88 ,
    was adjusted to take account of the cost of the raw material and
    general overheads , additional evidence having been supplied in support
    of the request to this effect .
    a . 2 . United States of America
7.  In the absence of any further evidence from the firms concerned , normal
    value was definitively calculated in accordance with the method used
    for the provisional calculation , as set out in recitals 15 to 17 of
    Regulation (EEC) No 2623/ 88 .
(b) Export prices
8.  Export prices were definitively determined on the basis of the prices
    actually paid or payable for products sold for export to the Community .
    The export prices of certain United States exporters which did not
    cooperate with the Commission were determined pursuant to Article
    7(7) (b) of Regulation 2423/88 on the basis of the facts available , i.e.
    the export prices referred to in the complaint .
                                                                              /
 ---pagebreak---                                        - 4 -
(c) QarrtpaElgQn
9 . In general , normal value vas compared transaction by transaction vith
      export prices at ex-^works level .
      The adjustments provisionally made , where appropriate , in recital 23 of
      Regulation (EEC) No 2623/88 to take account of differences affecting
      price comparability were retained .
(d) Dumping margins
10 . The dumping margin calculated for each, exporter is equal to the
      difference between the normal value as established and the price for
      each export transaction to the Community , duly adjusted .
      On the basis of the free-at-frentier price , the weighted average
      dumping margin for each of the exporters concerned is as follows :
      United States of America     Agrico                   6.4%
                                   First Mississippi Corp. 0.0%
                                   Other exporters         21.0%
      Venezuela                    Pequiven/Nitroven       21.5%
D. INJURY
11 . Although this Regulation concerns only some of the countries covered by
      this anti-dumping proceeding , injury was assessed with reference to all
      the countries covered by the proceeding ; this assessment serves as a
      basis for 'the determination of definitive measures in the form of
      definitive anti-dumping duties or undertakings .
 12 . Following the additional investigations carried out since the
      provisional anti-dumping duty was imposed , which resulted, in certain
      adjustments to the data concerning Carmmmlty producers , the definitive
      findings are as follows :
 ---pagebreak---                                      - 5 -
(a) Volume of dunped Importa
13 . No new evidence relating to paragraph 27 of Regulation (EEC) No 2623/ 88
     has been received , and the Council accordingly confirms the data set
     out in the said paragraph .
(b) Market share of dumped Imports
14 . The volume of the imports covered by this proceeding represented an
     increase in the share of the Community market held by the countries
     concerned from 3.88% in 1984 to 3.90% in 1985 and 3.97% in 1986 .    Their
     market share rose to 9.22% during the first nine months of 1987 and to
     an estimated 11.5% for 1987 as a whole . Expressed in terms of
     consumption on the non-captive market (defined as total Community urea
     consumption minus the volume of urea manufactured by Community
     producers for captive consumption) these shares increased from 5.53% in
     1984 to 5.43% in 1985 , 5.09% in 1986 , 11.96% during the first nine
     months of 1987 and an estimated 15% for 1987 as a whole .
     If the imports covered by the anti-dumping measures imposed by
     Regulation (ESC) No 3339/ 87 are included , total dumped imports reached
     a combined market share of 19.87% of the Community urea market and
     25.78% of consumption on the non-captive market in the first nine
     months of 1987 .
     Urea for agricultural use accounts for the bulk of the dumped imports
     sold in this sector . The share of the market for urea for agricultural
     use taken by imports increased from about 5% in 1984 and 1985 to 5 . 5%
     in 1986 , 13.91% during the first nine months of 1987 and an estimated
     20% for 1987 as a whole .
 ---pagebreak---                                       - 6 -
15 . When assessing the trend of the share of the Community market tafrgn by
     by dumped Imports , account should be taken of the trend in urea
     consumption. Between 1984 and 1986 total urea consumption increased by
     about 30% (from 3 923 692 tonnes to 5 116 159 tonnes). However ,
     consumption fell slightly (by about 1%) in 1987 (to 3 707 605 tonnes
     during the first nine months of 1987 and an estimated 5 057 674 tonnes
     for the year as a whole).
(c ) Price undercuttlng
16 . No new evidence concerning price undercutting has been received , and
     the Council accordingly confirms the findings presented in paragraph 30
     of Regulation (EEC) No 2623/88 .
(d) Impact on Community Industry
     Production
17 . While Community urea consumption increased by about 29% between 1984
     and 1987 , Community urea production fell by 12.5% between 1984 and 1985
     (from 5 567 049 tonnes to 4 869 820 tonnes ) and by a further 7% in 1986
     ( to 4 537 068 tonnes ). In 1987 estimated production totalled 4 564 795
     tonnes , on the assumption that output during the first nine months of
     1987 (5 423 596 tonnes ) continued at the same level during the last
     three months of that year .
     The quantity of urea produced for the non-captive market (i.e. total
     production minus captive consumption) fell from 4 397 756 tonnes in
     1284 to 3 703 340 tonnes in 1985 and to 3 413 534 tonnes in 1986 , which
     represents annual decreases of 10% and 8% respectively .  This quantity
     may have risen slightly (by about 0.5%) to an estimated 3 431 499
     tonnes in 1987 .
 ---pagebreak---                                      - 7 -
     Capacity utilization
18 . Capacity utilization by the Community Industry fell from 85.38% in 1984
     to 77.32% in 1985 and to 69.95% in 1986 . It remained relatively stable
     in 1987 , but the stocks held by Community producers increased
     considerably .
     Sales
19 . Total sales in the Community of urea produced within the Community
     remained relatively stable in 1984 and 1985 (3 627 183 and 3 639 945
     tonnes respectively), rising by about 3% in 1986 to 3 745 607 tonnes
     and totalling 2 784 873 tonnes during the first nine months of 1987 .
     Total sales in 1987 are estimated at 3 713 164 tonnes , a fall of 1%
     compared with 1986 , on the assumption that consumption in the first
     nine months of 1987 continued at the same level in the last three
     months of that year . Community urea producers' sales on the Community
     non-captive market increased from 2 457 890 tonnes in 1984 to 2 622 073
     tonnes in 1986 , an increase of 6.6% , and fell slightly during the first
     nine months of 1987 to 1 934 901 tonnes , giving an estimated total for
     1987 of 2 579 868 tonnes , representing a fall of nearly 1% . Sales of
     urea for agricultural use increased by about 5% between 1984 and 1986
     ( from 1 870 511 tonnes to 1 967 225 tonnes ) and fell to 1 425 957
     tonnes during the first nine months of 1987 , giving an estimated total
     for 1987 of 1 901 276 tonnes , representing a fall of about 3% . This
     stagnation contrasts with the increase in urea consumption in the
     Community - see recital 16 of this Regulation .
20 . Thus Community producers' overall share of the Community market fell
     from 92.4% in 1984 to 88.2% in 1985 , 73.2% in 1986 and about 75% in
     1987 . Their share of the non-captive market fell from 89.2% in 1984 to
     83.5% in 1985 , 65.6% in 1986 and 67.7% during the first nine months of
     1987 . Their share of the market for urea for agricultural use fell
                                                                               /I­
 ---pagebreak---                                    - 8 -
from 65.8% in 1934 to 82.4% In 1985          61.3% in. 1986 . During the
first mx-3 months of 1967 it recovered slightly to 63% . The slight
uvr^/a^it in Gonarjnity producers' market share may h&ve been the
rtasuit of the announcement of -She previous enti-dumping investigation
and 'CM anti -dumping measures adopted, against eight ©sporting countries
(see recitals 1 to 3 of Regulation (EES) So 2623/88). These trends are
most apparent on the largest Ccximunity urea markets .
In Italy , 'the sain marl^et for urea , consumption totalled 1 025 273
tosnes in 1984 , which, represented 37.2% of total Ctamraunity oonsuerotion
or ths non-captive r.arkat . thile corsu'^ption increased by 22.7%
lu trees. 199^ and. 1636 to reach 1 258 834 tomes , the share taken by
Cr:iifluu:.ty producers fell from 8?. 4% to 79.3% . In 1987 , while
corruption increased by about 8% , the market share taken by Community
producers fell further to 70% and that taken by imports from -the sit:
countries covered by tills proceeding increased to about 8% .
In France , non-captive consumption totalled 522 933 tonnes in 1984 ,
representing 13.9% of total non-captive Community consumption . Between
1964 ord i960 it increased by 19.7% to 636 014 tonnes . Estimated
consumption in 1387 wc-s 704 779 tonnes , representing a further increase
of about- 12.5% . CoESdunity producers’ share of the non-captive market
fell from 95,7% in 1934 to 73.5% in 1966 and 69% in 1937 , while the
share idea by the dumped imports covered by this proceeding increased
from 3.8% to 15.4% .
In Ireland , Community producers’ share of the non-captive market fell
from 100% in 1934 to 98.1% in 1385 , 74.4% in 1986 and about 72% in
1987 ; while consumption increased by 72.5% between 1984 and 1986 (from
 ---pagebreak---                                       - 9 -
      96 201 tonnes to 165 965 tonnes ) and remained stable between 1966 and
      1987 . The share taken by Imports from the six countries concerned
      increased from 5.7% in 1986 to 19.5% in 1987 .
      In the United Kingdom , the national producer 's share of the non-captive
      market remained relatively stable between 1984 and 1987 at about 44% ,
      while consumption increased by 23.7% from 292 349 tonnes to about
      361 802 tonnes ; the share taken by imports from the six countries
      concerned increased from 6.1% to about 10% .
      This trend shows that in general CommunitY producers have not been able
      to benefit from the increase in consumption on the main markets and
      that only dumped imports , including those covered by Regulation (EEC )
      No 3339/87 , appear to have benefited .
      Prioes and profits
21 . No new evidence relating to recitals 36 and 37 of Regulation (EEC) No
      2623/88 , which concern prices and profits , has been received , and the
      Council accordingly confirms the data set out in the said recitals .
( e ) Cumulation
22 . The Venezuelan exporter claimed that it was not appropriate for the
      purposes of determining injury to cumulate its exports and those of the
      other exporters covered by this proceeding , in so far as Venezuela had
      only recently ( 1987) started exporting to the Community .
      To determine whether it was in this case appropriate to cumulate the
      imports covered by the complaint , the Commission took account of the
      comparability of the imported products in terms of physical
      characteristics , volumes imported and price levels and the degree to
      which they competed with like products produced in the Community .
 ---pagebreak---                                               - 10 -
      All these factors were examined in recital 58 of Regulation (EEC) No
       !o23/88 . Furthermore , the argument pat forward has no bearing on the
      CoitRilssion 's conclusions , ainoe although Venezuela did not stare
       exporting until 196?, in nine months its exports readied a level
      substantially similar to that of the other exporters covered by this
      proceeding .
      Accordingly , and in true absence of any other new evidence relating to
      the arguments set out in recital 38 of Regulation (ESC) No 2823 / 83 , the
      Council confirms the facts and coriclusions set out by trie Commission .in
      the said recital .
( f ) CdiiSi.lily axd other factors
23 . In the absence of any new arguments or evidence , the Council confirms
      the Commission 's conclusions set out in recitals 39 and 40 of
      Regulation (EEC) No 2623/88 .
>1 021ШШЖ1ШГШЖ
24 . An importers ’ association repeated Its views on the negative Impact of
      the anti-dumping measures on farmers' costs of production and pointed
      out that cite farmers were riot in a position to pass on the Increase in
      their cos 's to consumers . However , no evidence was presented to show
      that such protective measures would have a significant impact on
      farmers' costs cr that they would be prevented from passing them or to
      consumers .
25 . veu.zusXa diluted that it was not appropriate to impose anti-daopdxg
                      against a country which was a beneficiary under the
      generalized prefer-enoss system .
      Trove iv in law no IncatrpatiMlity between the imposition of anti­
      >n>yr> ; ...y steasur-%: andi the existence of the generalized prsferea:.^
      j?yvtvn ; the Co-moil further f'rcz; ■'hat the advantage corlerrad ly the
      gcrv-r^Mv- 1 preferc-icet syetov j ,j t iien Toto -0001100 "id prosi-orv't by
      vhe r^fcahitiv;.. of toe odeuut of the eavi -durping duty , the iv«et>-;d of
      eeloi.laTio^ .veiog explained in rKdta) 4.1 of Reguio/aion (H3C0 No
      ffcCv / Si ,
 ---pagebreak---                                     - 11 -
     Accordingly , and in the absence of further evidence relating to the
     factors referred to in recitals 41 to 43 of Regulation (EEC) No
     2623/88 , the Council confirms that it is in the Community interest to
     adopt definitive anti-dumping measures against imports originating in
     the countries covered by this proceeding .
F. DEFINITIVE DOTY
26 . The Council confirms the Commission 's conclusions concerning both the
     method used for the determination of the duty to be applied and the
     form of duty , as set out in recitals 44 and 45 of Regulation ( EEC) No
     2623 / 88 .
     On this basis , the Commission calculated the following rates of anti¬
     dumping duty on the free-at-Community-frontier price , not cleared
     through customs :
     United States of America : Agrico Chemical Company :          6.0%
                                First Mississippi Corporation :    0.0%
                                Other :                           12.0%
     Venezuela :                                                  21.5%
G. mrj.EfTTm OF PROVISIONAL uin
27 . In view of the dumping margins established and the injury caused , the
     Council considers it necessary for the amounts secured by way of
     provisional anti-dumping duty to be definitively collected , either in
     full or at the level of the maximum definitive anti-dumping duty
     imposed , where this is lower than the provisional duty .
                                                                             // и
 ---pagebreak---                                       - 12 -
28 . Council Regulation (EEC) No 3339/87 imposed a definitive antidumping
      duty on imports of urea originating in Libya or Saudi Arabia and
      accepted undertakings given in connection with imports of urea
      originating in Czechoslovakia , the German Democratic Republic , Kuwait ,
      Trinidad and Tobago , the USSR or Yugoslavia and terminating the
      investigations . 4 In recital 49 of that Regulation the Council
      considered that the measures adopted were of a transitional nature and
      would have to be reviewed at the end of the proceeding under way .
29 . Re-examination of those measures led the Commission to recalculate the
      definitive anti-dumping duty imposed on Saudi Arabia on the basis of
      the new threshold of injury determined in this proceeding , with a view
      to taking account of changes in the costs of production of the
      representative Community producer . The new costs of production , plus a
      profit margin , were compared with the free-at-Community-frontier export
      prices plus customs duties and a reasonable profit margin for the
      importer .
      The amount of duty for imports originating in Saudi Arabia , thus
      calculated on the basis of the free-at-Community-frentier price , not
      cleared through customs , is 12.8% .
      In the absence of satisfactory cooperation from the Libyan exporter ,
      the calculation of the definitive anti-dumping duty for Libya remains
      unchanged .
 HI . ÜNOEKEftKIKGS
 30 . Since same of the countries covered by this proceeding offered to give
       uidcrtakings , and the earlier undertakings need to be reviewed , a
       separate decision will be taken on this subject ,
 HAS ADOPTED THIS REGULATION :
 4     0JNOL 317 , 7.11.1987 , p. 1 .
                                                                                7?
 ---pagebreak---                                      - 13 -
                                   Article 1
1.  A definitive anti-dumping duty is hereby imposed on imports of urea
    falling within Combined Nomenclature code 3102 10 10 or 3102 10 99 ,
    originating in the United States of America or Venezuela .
2.  The amount of that duty , calculated on the basis of the free-at-
    Camraunity-frontier price of the product , not cleared through customs ,
    shall be :
    - 12.0% for urea originating in the United States of America , with the
      exception of urea produced and exported by Agrico Chemical Company ,
      New Orleans , for which the rate shall be 6% ;
    - 21.5% for urea originating in Venezuela .
3.  The duty specified in paragraph 2 of this Article for exports
    originating in the United States of America shall not apply to urea
    produced and sold for export to the Community by First Mississippi
    Corporation , Jackson , Mississippi .
4.  The provisions in force concerning customs duties shall apply .
5.  The amounts secured by way of provisional anti-dumping duty pursuant to
    Regulation (EEC) No 2623/88 shall be definitively collected , either in
    full or up to the level of the percentages specified in this
    Regulation , whichever is lower . Amounts secured which are not covered
    by the definitive rates of duty shall be released .
                                   Article 2
The amount of the definitive anti-dumping duty on imports of urea falling
within Combined Nomenclature code 3102 10 10 or 3102 10 99 originating in
Saudi Arabia , calculated on the basis of the free-at-Community-frontier
price of the product , not cleared through customs , shall be 12.8% .
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                                 Artide 3
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Comnuni ties .
This Regulation shall be binding in its entirety and. directly applicable in
all Member States .
Done at Brussels ,
                                                For the Council