The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of mixtures of urea and ammonium nitrate (‘UAN’), originating in Russia, Trinidad and Tobago and the United States of America, are being dumped and are thereby causing injury (2) to the Union industry.
1. Complaint
The complaint was lodged on 29 June 2018 by Fertilizers Europe (‘the complainant’) on behalf of producers representing more than 50 % of the total Union production of mixtures of urea and ammonium nitrate.
An open version of the complaint and the analysis of the degree of support by Union producers for the complaint are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.
2. Product under investigation
The product subject to this investigation is mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution.
All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).
3. Allegation of dumping
The product allegedly being dumped is the product under investigation, originating in Russia, Trinidad and Tobago and the United States of America (‘the countries concerned’), currently falling within CN code 3102 80 00. The CN code is given for information only.
The allegation of dumping from the United States of America is based on a comparison of the domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union.
In the absence of reliable data on domestic prices for Trinidad and Tobago, the allegation of dumping is based on a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs – SG&A – and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union.
The allegation of dumping from Russia is based on both a comparison of the domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union and a comparison of a constructed normal value (manufacturing costs, selling, SG&A and profit, for which the costs for gas, SG&A and profit were adjusted) with the export price (at ex-works level) of the product under investigation when sold for export to the Union. Both comparisons show dumping.
On that basis, the dumping margins calculated are significant for all the countries concerned.
Hammad can assist in matters relating to Anti Dumping Duties and issues that arise out of it.
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