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

• (132) Given the particular characteristics of the fertiliser industry (inter alia, its capital intensiveness) and the nature of the fertiliser market (the volatility of its raw materials prices and of final product prices), it is agreed that return on sales, on its own, may not necessarily be the most telling indicator regarding profitability, and that it should be complemented with indicators such as return on capital employed and return on investment. However, the applicant has not submitted any evidence that, in the absence of the dumped imports, the Community industry would have been able to obtain returns at the level requested. Neither did the applicant show what profit margin would have been achieved by the Community industry but for the dumped imports, as the Court of First Instance, in its judgment in Case T-210/95 ([^E0014]) established should be done. In paragraph 60 therein, it was confirmed that ‘… the profit margin to be used by the Council when calculating the target price that will remove the injury in question must be limited to the profit margin which the Community industry could reasonably count on under normal conditions of competition, in the absence of the dumped imports’. This claim was therefore rejected. The extent of the removal of injury witnessed over the period is to a large degree due to the existence of measures. By increasing resale prices in the Community, measures have prevented an increase in export volumes at very low prices, thereby allowing the Community industry to achieve the aforementioned improvement.

Likelihood of continuation/recurrence of injuryGeneral

• (133) In this context, two main parameters were analysed: (i) likely export volumes and prices of the country concerned, and (ii) the likely effect of those projected volumes and prices from the country concerned on the Community industry.

Likely export volumes and prices of the country concerned

• (134) There is a known spare capacity of around 2 million tonnes of the Russian producers, representing about a quarter of the Community market. This directly available surplus capacity indicates that Russian producers have the possibility to increase in the short term their current production and thus also their exports of AN.

• (135) Moreover, given that demand on the Russian market has been stagnant at a relatively low level for many years, Russian producers are heavily depending on exports to third countries. As explained above, these exports were made at prices substantially lower than the exports to the Community.

• (136) In the above context, the Community market would appear to be attractive for the Russian exporting producers in terms of prices as compared to all other export markets. On this basis, it is reasonably expected that a considerable part of the volumes exported to third countries would be very likely directed toward the Community market, should the measures be allowed to lapse. The relative proximity of the Community market, as compared to other export markets other than the CIS countries, would also render the Community market more attractive and would therefore lead to the redirection to the Community of current exports by Russian producers to third countries.

• (137) One party claimed that, to some extent, the Community market has lost its attractiveness to Russian producers. It argued that after the EU enlargement of 2004 and 2007 the Community market would be supplied by the Community producers to a larger degree than previously. In addition, some Member States started applying restrictions on the usage of AN according to that party. These arguments had to be rejected. The impact of any more restricted use would equally affect Community and Russian producers. Self-supply of the Community market may have increased after the enlargement in 2004 and 2007, also because the new Member States started benefiting from the anti-dumping duty in place. Indeed, imports from Russia saw declines between 2005 and the ERIP. However, despite any alleged self-supply, prices have gone up in the Community during the same period. Prices went up in the Community significantly for the reason that input costs (gas) increased drastically. The Community industry was able to pass on these increased costs only because the anti-dumping measures in place showed some effect. In turn, because of the prevailing high price level the Community market should be very attractive for Russian producers that yield significantly lower prices both on their domestic and on third countries’ exports markets.

• (138) A claim was made that Community producers were increasingly less exposed to the alleged gas price gap. It was argued that Community producers have imported increased quantities of cheap ammonium over the period considered and that therefore they were less dependent on gas. Also, in some cases, it was argued that Community producers were able to buy natural gas at conditions more favourable than Waidhaus conditions. These claims were unfounded. Although ammonium imports were on the rise, the investigation has not detected a significantly increased use for the production of AN. The main share of ammonium imports was apparently used for other applications. Neither did the investigation uncover any significant conditions more favourable than Waidhaus. Gas price differentials as described above continued to be very substantial, with the significant impact on cost (and hence price levels) mentioned above. This creates a situation where the price levels in the Community would be structurally more attractive for Russian exporters in the foreseeable future.

• (139) In order to increase their market share in this commodity-like product where price conditions are a key factor, the Russian exporters would be likely to compete in terms of price. As outlined above, there are a number of facts pointing to the likelihood of very low export price levels by Russian exporters. Given that even with measures in place, a certain degree of undercutting exists, such undercutting would only increase in view of the likely drop in prices.

• (140) In addition, it is underlined that Russian producers (to the extent they benefit from the gas price gap generated by dual pricing) can very well export AN at very low, dumped prices to the Community and still obtain robust profits on these dumped exports. This factor also adds to the attractiveness of the Community market for Russian producers – even at very low export prices.

• (141) On the basis of the above, it would therefore be likely that significant additional volumes of AN produced in Russia would be exported to the Community (both from the use of available spare capacity and/or from redirection of existing exports) at dumped prices which substantially undercut Community industry’s prices, if measure are allowed to lapse.

Likely impact on the Community industry of the projected export volumes and price effects in case of repeal of measures

• (142) In view of the above established likelihood of significant increase of export volumes from Russia into the Community market at dumped and undercutting prices, the Community industry would in all likelihood have to significantly decrease its sales prices to maintain its customers. This is particularly true as AN is a volatile commodity for which prices can be significantly affected by an import volume at dumped prices undercutting the Community industry’s prices. As a consequence, profits would strongly decrease.

• (143) With regard to the favourable market conditions shown by some indicators during 2006 and the ERIP, it should be noted that they played an important role in keeping the prices at a high level, in addition to the applicable anti-dumping measures. Indeed, during that period, a tight worldwide supply/demand balance in combination with increased input costs (gas) resulted in high prices for all nitrogen fertilisers. AN is, like the other nitrogen fertilisers, a commodity whose pricing is influenced by numerous factors going from the volatile gas price having a considerable impact on the supply as being the most important costing element, to the weather conditions, crops and grain stock levels resulting in reduced or increased demand. With particular regard to the Community market, the demand of AN is expected to slightly decrease in the years to come. In fact, total consumption has already shown a downwards trend over the period considered. Given that the prices charged by the Russians were significantly undercutting the prices of the Community industry, the likely increase in import volumes from Russia will force the Community industry either to lower significantly its prices, thereby its profits, or to lose significant market share and thus revenue, or both. The successful restructuring process of the Community industry could probably only partially counterbalance such a likely price depression and the whole recovery process would be put in jeopardy. Therefore, a deterioration of the Community industry’s overall performance is likely to result from any repeal of the measures.

Conclusion on likelihood of recurrence of injury

• (144) The above leads to the conclusion that should measures lapse, exports from the country concerned would very likely occur in significant volumes and at dumped prices that would undercut the Community industry’s prices. This would in all likelihood have the effect of introducing a price-depressive trend on the market, with an expected negative impact on the economic situation of the Community industry. This would, in particular, impede the financial recovery that was partly achieved in the period considered, leading to a likely recurrence of injury.

COMMUNITY INTERESTPreliminary remarks

• (145) According to Article 21 of the basic Regulation, it was examined whether maintenance of the existing anti-dumping measures would be against the interest of the Community as a whole. The determination of the Community interest was based on an appreciation of all the various interests involved.

• (146) It should be recalled that, in the original investigation, the adoption of measures was considered not to be contrary to the interest of the Community. Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, allows the assessment of any undue negative impact on the parties concerned by the current anti-dumping measures.

• (147) On this basis, it was examined whether, despite the conclusions on the likelihood of recurrence of injurious dumping, compelling reasons existed which would lead to the conclusion that it is not in the Community interest to maintain measures in this particular case.

Interest of the Community industry

• (148) The Community industry has proven to be a structurally viable industry. This was confirmed by the relatively positive development of its economic situation throughout the period considered. In particular, the Community industry maintained viable profit margins against a background of rising input costs (in particular gas) and was able to increase its market share over the period considered.

• (149) It can thus reasonably be expected that the Community industry will continue to benefit from the measures currently imposed and further recover by maintaining and stabilising its profitability. Should the measures not be maintained, it is likely that increased imports at dumped prices from the country concerned will occur, thereby causing injury to the Community industry by exerting a downward pressure on the sales prices which will endanger its currently positive financial situation.

Interest of importers

• (150) As mentioned in recital (23), no unrelated importer originating in the country concerned cooperated with the present investigation.

• (151) It is recalled that in previous investigations it was found that the impact of the imposition of measures would not be significant to the extent that as a rule, importers do not only deal in AN but also, to a significant extent, in other fertilisers. The lifting of anti-dumping measures on other fertilisers can only reinforce the foregoing. In that context, anti-dumping measures applicable on imports of urea originating in Russia and in Belarus, Croatia, Libya and Ukraine were lifted in August 2007 and March 2008 respectively ([^E0015]). The downward trend in imports from the country concerned during the period considered leads to the conclusion that some importers may indeed have suffered negative consequences of the imposition of measures. However, in the absence of cooperation of importers and thus of any conclusive evidence allowing to assess any significant negative consequences, it was concluded that there are no compelling reasons against the maintenance of the current anti-dumping measures.

• (152) There is no reliable information available indicating that the maintenance of the measures will have a significant negative effect on importers or traders.

Interest of users

• (153) Users of AN are farmers in the Community. Some farmers associations made submissions, claiming that farmers’ incomes have been under pressure because fertiliser prices have risen over the last years, some of their output products have seen price decreases and environmental regulation has increased the cost burden. These claims, however, were not substantiated.

• (154) EFMA provided substantiated agronomic and economic evidence which showed that AN represents a small part of total production costs for the farmers. Therefore, it was found that, on balance, the measures currently in force did not have any substantial negative effect on their economic situation; and that the continuation of measures would not adversely affect the financial interests of the farmers.

Conclusion on Community interest

• (155) Given the above, it is concluded that there are no compelling reasons against the maintenance of the current anti-dumping measures.

UNDERTAKINGS

• (156) The Commission on 19 December 2006 ([^E0016]) initiated a partial interim review following a request lodged by OJSC Acron and OJSC Dorogobuzh, members of ‘Acron’ Holding Company. The results of that interim review were set out in Council Regulation (EC) No 236/2008 ([^E0017]). During the interim review Acron expressed an interest in offering a price undertaking but failed to submit a duly substantiated offer within the deadline as set out in Article 8(2) of the basic Regulation. However, as stated in recitals (56) and (57) of the abovementioned Council Regulation, the Council considered that Acron should exceptionally be allowed to complete its undertaking offer within 10 calendar days from entry into force of that Regulation due to the complexity of several issues, namely (1) the volatility of the price of the product concerned which would require some form of indexation of minimum prices, while at the same time the volatility is not sufficiently explained by the key cost driver; and (2) the particular market situation for the product concerned. Subsequent to the publication of Regulation (EC) No 236/2008 and within the deadline as set out in that Regulation, Acron submitted an acceptable price undertaking in accordance with Article 8(1) of the basic Regulation.

• (157) During the course of the partial interim review initiated on 30 November 2005 ([^E0018]), EuroChem offered an acceptable price undertaking in accordance with Article 8(1) of the basic Regulation.

• (158) The Commission by Decision 2008/577/EC ([^E0019]), accepted the undertaking’s offers. The Decision sets out in more detail the reasons accepting these undertakings. The Council recognises that the undertaking’s offers eliminate the injurious effect of dumping and limits to a sufficient degree the risk of circumvention.

• (159) To further enable the Commission and the customs authorities to effectively monitor the compliance of the companies with the undertakings, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty is to be conditional on (i) the presentation of an undertaking invoice, which is a commercial invoice containing at least the elements listed and the declaration stipulated in the Annex, (ii) the fact that the imported goods are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community, and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where the above conditions are not met the appropriate anti-dumping duty shall be incurred at the time of acceptance of the declaration for release into free circulation.

• (160) Whenever the Commission withdraws, pursuant to Article 8(9) of the basic Regulation, its acceptance of an undertaking following a breach by referring to particular transactions and declares the relevant undertaking invoices as invalid, a customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation of these transactions.

• (161) Importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals (159) and (160) even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission.

• (162) Pursuant to Article 14(7) of the basic Regulation, customs authorities should inform the Commission immediately whenever indications of a violation of the undertakings are found.

• (163) For the reasons stated above, the undertakings offered by EuroChem and Acron are therefore considered acceptable by the Commission and EuroChem and Acron have been informed of the essential facts, considerations and obligations upon which acceptance is based.

• (164) In the event of a breach or withdrawal of the undertakings, or in case of withdrawal of acceptance of undertaking by the Commission, the anti-dumping duty which has been imposed by the Council, in accordance of Article 9(4) shall automatically apply by means of Article 8(9) of the basic Regulation.

FINAL PROVISIONS

• (165) All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures on imports from Russia be maintained and that the level of the measures would be amended where warranted. They were also granted a period to submit comments and claims subsequent to disclosure. No comments were received which would warrant a change in the above conclusions.

Interim review limited to EuroChem

• (166) In view of the conclusions reached with regard to dumping and the lasting nature of the changed circumstances, the individual anti-dumping duty on imports of the product concerned in respect of EuroChem should be amended in order to reflect the new dumping margin found.

• (167) Since the dumping level found is lower than the injury margin established in the previous investigation, the duty rate should be set at the dumping level found.

• (168) Since in the original investigation the duty was imposed in the form of a specific amount per tonne, it should have the same form in the current investigation. Thus, the duty is EUR 32,82/tonne. The duty should be applied, in accordance with Regulation (EC) No 945/2005, in proportion to the content of AN and of other marginal substances and nutrients, in the case of compounds of AN fertilisers with a nitrogen content exceeding 28 % by weight.

• (169) Although this duty has been based on data from NAK Azot, as stated in recital (30) above, it will apply to all sales made by EuroChem, regardless of by which related factory the product has been manufactured.

Expiry review

• (170) The anti-dumping measures applicable to imports of AN originating in Russia should be maintained pursuant to Article 11(2) of the basic Regulation.

Final consideration

• (171) Given that two exporters were, in the context of partial interim reviews given the opportunity to offer undertakings, special consideration will be given, as appropriate, to the initiation of interim reviews in accordance with Article 11(3) of the basic Regulation, to examine any further undertaking offers, should the Commission receive sufficient evidence that such reviews are warranted.

DUTIES

• (172) In view of the conclusions reached with regard to continuation of dumping, likelihood of recurrence of injury and Community interest, the anti-dumping measures on imports of AN originating in Russia should be maintained in order to prevent a recurrence of injury being caused to the Community industry by the dumped imports,

HAS ADOPTED THIS REGULATION:

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, ex310229 00, ex310260 00, ex310290 00, ex310510 00, ex310520 10, ex310551 00, ex310559 00 and ex310590 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 goods produced by Open Joint Stock Company (OJSC) “Azot”, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) “Nevinnomyssky Azot”, Nevinnomyssk, Russia and either sold directly to the first independent customer in the Community or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company “EuroChem”, Moscow, Russia, and EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the Community (TARIC additional code A522):

Product description CN code TARIC code Fixed 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 00 10 32,82 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 60 00 10 32,82 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 90 00 10 32,82 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content 3105 10 00 10 32,82 —  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 00 20 31,84 —  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 00 30 30,85 —  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 00 40 29,87 —  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 00 50 28,88 —  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 10 30 31,84 —  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 10 40 30,85 —  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 10 50 29,87 —  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 10 60 28,88 —  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 00 10 31,84 —  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 00 20 30,85 —  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 00 30 29,87 —  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 00 40 29,41 —  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 00 10 31,84 —  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 00 20 30,85 —  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 00 30 29,87 —  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 00 40 29,41 —  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 91 30 31,84 —  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 91 40 30,85 —  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 91 50 29,87 —  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 91 60 28,88

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

Product description CN code TARIC code Fixed 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 00 10 47,07 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 60 00 10 47,07 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 90 00 10 47,07 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content 3105 10 00 10 47,07 —  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 00 20 45,66 —  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 00 30 44,25 —  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 00 40 42,83 —  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 00 50 41,42 —  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 10 30 45,66 —  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 10 40 44,25 —  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 10 50 42,83 —  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 10 60 41,42 —  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 00 10 45,66 —  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 00 20 44,25 —  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 00 30 42,83 —  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 00 40 42,17 —  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 00 10 45,66 —  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 00 20 44,25 —  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 00 30 42,83 —  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 00 40 42,17 —  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 91 30 45,66 —  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 91 40 44,25 —  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 91 50 42,83 —  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 91 60 41,42’

Article 2

• (a)For goods produced by Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia and either sold directly to the first independent customer in the Community or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘EuroChem’, Moscow, Russia, and EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the Community (TARIC additional code A522):

Product description CN code TARIC code Fixed 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 00 10 32,82 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 60 00 10 32,82 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 90 00 10 32,82 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content 3105 10 00 10 32,82 —  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 00 20 31,84 —  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 00 30 30,85 —  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 00 40 29,87 —  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 00 50 28,88 —  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 10 30 31,84 —  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 10 40 30,85 —  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 10 50 29,87 —  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 10 60 28,88 —  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 00 10 31,84 —  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 00 20 30,85 —  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 00 30 29,87 —  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 00 40 29,41 —  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 00 10 31,84 —  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 00 20 30,85 —  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 00 30 29,87 —  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 00 40 29,41 —  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 91 30 31,84 —  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 91 40 30,85 —  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 91 50 29,87 —  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 91 60 28,88

• (b)For goods produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (TARIC additional code A959):

Product description CN code TARIC code Fixed 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 For goods mentioned in Article 2(1) produced by JSC Kirovo-Chepetsky Khimichesky Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply.

• (c) For all other companies (TARIC additional code A999):

Product description CN code TARIC code Fixed 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 00 10 47,07 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 60 00 10 47,07 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 3102 90 00 10 47,07 —  Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content 3105 10 00 10 47,07 —  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 00 20 45,66 —  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 00 30 44,25 —  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 00 40 42,83 —  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 00 50 41,42 —  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 10 30 45,66 —  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 10 40 44,25 —  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 10 50 42,83 —  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 10 60 41,42 —  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 00 10 45,66 —  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 00 20 44,25 —  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 00 30 42,83 —  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 00 40 42,17 —  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 00 10 45,66 —  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 00 20 44,25 —  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 00 30 42,83 —  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 00 40 42,17 —  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 91 30 45,66 —  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 91 40 44,25 —  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 91 50 42,83 —  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 91 60 41,42

Article 3

• —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.

• —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.

ANNEX

The following elements shall be indicated in the commercial invoice accompanying the company’s sales to the Community of goods which are subject to the undertaking:

• 1.The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

• 2.The name of the company issuing the commercial invoice.

• 3.The commercial invoice number.

• 4.The date of issue of the commercial invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Community frontier.

• 6.The exact description of the goods, including: —the product code number (PCN) used for the purpose of the undertaking, —plain language description of the goods corresponding to the PCN concerned, —the company product code number (CPC), —TARIC code, —quantity (to be given in tonnes).

• 7.The description of the terms of the sale, including: —price per tonne, —the applicable payment terms, —the applicable delivery terms, —total discounts and rebates.

• 8.Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.

• 9.The name of the official of the company that has issued the commercial invoice and the following signed declaration: ‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Decision 2008/577/EC. I declare that the information provided in this invoice is complete and correct.’

[^E0001]: OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

[^E0002]: OJ L 198, 23.8.1995, p. 1.

[^E0003]: OJ L 93, 26.3.1998, p. 1.

[^E0004]: OJ L 102, 18.4.2002, p. 1.

[^E0005]: OJ L 160, 23.6.2005, p. 1.

[^E0006]: OJ L 106, 24.4.2007, p. 1.

[^E0007]: OJ C 300, 30.11.2005, p. 8.

[^E0008]: OJ C 167, 19.7.2006, p. 17.

[^E0009]: OJ C 91, 15.4.2004, p. 2 and C 297, 7.12.2006, p. 12.

[^E0010]: OJ C 81, 14.4.2007, p. 2.

[^E0011]: Only in relation to the interim review.

[^E0012]: Russian Government Regulation of 28 May 2007, No 333.

[^E0013]: International Fertiliser Industry Association.

[^E0014]: European Court reports 1999 Page II-03291.

[^E0015]: OJ L 198, 31.7.2007, p. 4 and OJ L 75, 18.3.2008, p. 33.

[^E0016]: OJ C 311, 19.12.2006, p. 55.

[^E0017]: OJ L 75, 18.3.2008, p. 1.

[^E0018]: OJ C 300, 30.11.2005, p. 8.

[^E0019]: See page 43 of this Official Journal.

[^E0020]: OJ L 253, 11.10.1993, p. 1.