COMMISSION  DECISION of 3 August 1995 terminating the anti-dumping proceeding in respect of imports of ammonium  nitrate originating in Lithuania (95/344/EC)
THE COMMISSION OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), as last amended by  Regulation (EC) No 1251/95  (2), and in particular Article 23 thereof,
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  (3), as last  amended by Regulation (EC) No 522/94  (4), and in particular Article 9 thereof,
After consultation within the Advisory Committee,
A.  PROCEDURE
(1)  In June 1994, the Commission announced by a notice published in the Official  Journal of the European Communities (5), the initiation of an anti-dumping proceeding concerning  imports into the Community of ammonium nitrate originating in Lithuania and Russia, and commenced  an investigation.
(2)  The proceeding was initiated as a result of a complaint lodged by the European Fertilizer  Manufacturers' Association (EFMA), on behalf of producers whose collective output of ammonium  nitrate was alleged to represent a major proportion of Community production.
(3)  The complaint contained evidence of dumping of this product originating in Lithuania and  Russia, and of material injury resulting therefrom, and was considered to provide sufficient  evidence to justify opening a proceeding.
(4)  The Commission officially notified the producers, exporters and importers known to be  concerned, the representatives of the exporting countries, and the complainant, and gave the  parties directly concerned the opportunity to make their views known in writing and to request a  hearing.
(5)  Several parties, including the Lithuanian authorities and the sole Lithuanian exporter, made  their views known in writing and requested a hearing; all such requests were granted.
(6)  The Commission sought and verified all information it deemed necessary for the purpose of its  determination of dumping and injury.
(7)  The investigation of dumping covered the period from 1 April 1993 to 31 March 1994  (hereinafter referred to as 'the investigation period`).
(8)  The Commission continued to seek all information it deemed necessary for its definitive  findings. The parties were informed of the essential facts and considerations on the basis of which  it was intended to terminate the proceeding with regard to imports originating in Lithuania. They  were also granted a period within which to make representations subsequent to those disclosures.
B.  TERMINATION OF THE PROCEEDING AS REGARDS IMPORTS ORIGINATING IN LITHUANIA
(9)  The  investigation concerning imports of ammonium nitrate originating in Lithuania has revealed that  although these imports were dumped, they have not materially contributed to the injury to the  Community industry.
(10)  The reasons for this conclusion are set out in recitals 62 to 67 and 73 to 76 of Council  Regulation (EC) No 2022/95  (1), imposing a definitive anti-dumping duty on imports of ammonium  nitrate originating in Russia.
(11)  In these circumstances, it is considered that protective measures against imports from  Lithuania are unnecessary and that the proceeding concerning these imports should be terminated in  accordance with Artcile 9 (1) of Regulation (EEC) No 2423/88.
(12)  No objections were raised in the Advisory Committee to termination of the proceeding in  respect of imports of ammonium nitrate originating in Lithuania,
The anti-dumping proceeding in respect of imports of ammonium  nitrate originating in Lithuania is hereby terminated.