Regulation 2008/661 - 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 Regulation (EC) No 384/96 - Main contents
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Council Regulation (EC) No 661/2008 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/661 |
| Original proposal | COM(2008)353  |
| CELEX number i | 32008R0661 |
| Document | 08-07-2008 |
|---|---|
| Publication in Official Journal | 12-07-2008; OJ L 185, 12.7.2008,Special edition in Croatian: Chapter 11 Volume 047 |
| Effect | 13-07-2008; Entry into force Date pub. + 1 See Art 4 |
| End of validity | 12-07-2013; See 31996R0384 Art. 11.2 |
12.7.2008 |
EN |
Official Journal of the European Union |
L 185/1 |
COUNCIL REGULATION (EC) No 661/2008
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
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 Community (1) (‘the basic Regulation’), and in particular Articles 11(2) and 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force
(1) |
By Regulation (EC) No 2022/95 (2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia falling within CN codes 3102 30 90 and 3102 40 90. Pursuant to a further investigation, which established that the duty was being absorbed, the measures were amended by Regulation (EC) No 663/98 (3). Following a request for an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council, by Regulation (EC) No 658/2002 (4), imposed a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. Finally, a product scope interim review was carried out and, by Council Regulation (EC) No 945/2005 (5), a definitive anti-dumping duty ranging between EUR 41,42 per tonne and EUR 47,07 per tonne was imposed on imports of solid fertilisers originating in Russia with an ammonium nitrate content exceeding 80 % by weight (‘AN’), 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. |
(2) |
On 19 April 2007, the Council imposed, by Regulation (EC) No 442/2007 (6) definitive anti-dumping measures on imports of AN originating in Ukraine. |
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2.Request for reviews
2.1. Partial interim review of the anti-dumping measures in force on imports of AN originating in Russia and produced by Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘EuroChem’, member of the EuroChem group of companies
(3) |
On 30 August 2005, the Commission received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation (‘interim review’). The request, limited in scope to dumping, was lodged by Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘EuroChem’ (‘EuroChem’), an exporting producer of AN in Russia. |
(4) |
EuroChem alleged and provided sufficient prima facie evidence that circumstances had changed and, in particular, that a comparison of normal value based on its own data with export prices of the product concerned when sold for export to the Community would lead to a reduction of dumping significantly below the level of the current measures. Therefore, the continued imposition of measures at the existing level, which was based on the injury margin previously established, would no longer be necessary to offset dumping. |
(5) |
Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of the interim review, the Commission initiated this review on 30 November 2005 (7). |
2.2. Expiry review of the anti-dumping measures in force on imports of AN originating in Russia
(6) |
Following the publication of a notice of impending expiry (8), the Commission received a request on 17 January 2007 for an expiry review. |
(7) |
The... |
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