Legal provisions of COM(2008)353 - Definitive anti-dumping duty on imports of ammonium nitrate from Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96

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dossier COM(2008)353 - Definitive anti-dumping duty on imports of ammonium nitrate from Russia following an expiry review pursuant to Article 11(2) ...
document COM(2008)353 EN
date July  8, 2008

Contents

Article 1

The partial interim review of the anti-dumping measures applicable to imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 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 from producer Open Joint Stock Company (OJSC) ‘Mineral and Chemical Company EuroChem’, is hereby terminated and Article 1(2) of Regulation (EC) No 658/2002 shall be replaced by the following:

‘2.   The rate of the definitive anti-dumping duty shall be a fixed amount as specified below:

(a)For Open Joint Stock Company (OJSC) Mineral and Chemical Company “EuroChem”, member of the EuroChem group of companies, Moscow, Russia, for goods produced by its related company JSC NAK Azot, Novomoskovsk, Russia, or by its related company JSC Nevinka Azot, Nevinnomyssk, Russia, and sold by EuroChem Trading GmbH, Zug, Switzerland, to the first independent customer in the Community (TARIC additional code A522):

Product descriptionCN codeTARIC codeFixed amount of duty

(EUR per tonne)
—Ammonium nitrate other than in aqueous solutions
3102 30 90—32,82
—Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90—32,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content
3105 10 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 002031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 003030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 004029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 005028,88
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 103031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 104030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 105029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 106028,88
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 51 001031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 51 002030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 51 003029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 004029,41
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 59 001031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 59 002030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 59 003029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 004029,41
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 913031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 914030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 915029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 916028,88

(b)For all other companies (TARIC additional code A999):

Product descriptionCN codeTARIC codeFixed amount of duty

(EUR per tonne)
—Ammonium nitrate other than in aqueous solutions
3102 30 90—47,07
—Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90—47,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content
3105 10 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 002045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 003044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 004042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 005041,42
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 103045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 104044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 105042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 106041,42
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 51 001045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 51 002044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 51 003042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 004042,17
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 59 001045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 59 002044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 59 003042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 004042,17
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 913045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 914044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 915042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 916041,42’

Article 2

1. A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 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. The rate of the definitive anti-dumping duty shall be a fixed amount as specified below:

(a)For Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘EuroChem’, member of the EuroChem group of companies, Moscow, Russia, for goods produced by its related company JSC NAK Azot, Novomoskovsk, Russia, or by its related company JSC Nevinka Azot, Nevinnomyssk, Russia, and sold by EuroChem Trading GmbH, Zug, Switzerland, to the first independent customer in the Community (TARIC additional code A522):

Product descriptionCN codeTARIC codeFixed amount of duty

(Euro per tonne)
—Ammonium nitrate other than in aqueous solutions
3102 30 90—32,82
—Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90—32,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content
3105 10 001032,82
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 002031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 003030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 004029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 005028,88
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 103031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 104030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 105029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 106028,88
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 51 001031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 51 002030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 51 003029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 004029,41
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 59 001031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 59 002030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 59 003029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 004029,41
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 913031,84
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 914030,85
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 915029,87
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 916028,88

(b)For all other companies (TARIC additional code A999):

Product descriptionCN codeTARIC codeFixed amount of duty

(EUR per tonne)
—Ammonium nitrate other than in aqueous solutions
3102 30 90—47,07
—Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90—47,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content
3105 10 001047,07
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 002045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 003044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 004042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 005041,42
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 103045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 104044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 105042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 106041,42
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 51 001045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 51 002044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 51 003042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 004042,17
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 59 001045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 59 002044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 59 003042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 004042,17
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 913045,66
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 914044,25
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 915042,83
—Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 916041,42

3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 (20), the amount of anti-dumping duty mentioned in paragraph 2 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

4. Notwithstanding the first paragraph, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 3.

5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 3

1. Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Decision 2008/577/EC, as from time to time amended, shall be exempt from the anti-dumping duty imposed by Article 2, on condition that:

—they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community, and

—such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex of this Regulation, and

—the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:

—whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled, or

—when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

Article 4

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.