Notice of initiation of a partial interim review of the antidumping measures applicable to imports of potassium chloride originating in Belarus

(2005/C 89/04)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 (1) (‘the basic Regulation’).

1.   Request for review

The request was lodged by the Republican Unitary Enterprise ‘PA Belaruskali’ (‘the applicant’) the sole exporting producer in Belarus.

The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product

The product under review is potassium chloride originating in Belarus (‘the product concerned’), currently classifiable within CN codes 3104 20 10, 3104 20 50, 3104 20 90, and special mixtures currently classifiable within CN codes ex 3105 20 10, ex 3105 20 90, ex 3105 60 90, ex 3105 90 91 and ex 3105 90 99. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 3068/92 (2).

4.   Grounds for the review

The request pursuant to Article 11(3) is based on the prima facie evidence provided by the applicant, that, as far as it is concerned, the circumstances on the basis of which measures were established have changed and that these changes are of a lasting nature.

The applicant alleges and provides evidence showing that a comparison of normal value in an appropriate market economy third country and its export prices to the EU over an extended period, would lead to a reduction of dumping significantly below the level of the current measures. Therefore, the continued imposition of the measures at the existing level, which is based on the dumping previously established, are no longer necessary to offset dumping.

5.   Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation, with a view to determine the applicant's margin of dumping and the level of duty to which imports of the product concerned into the Community should be subject.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant mentioned in paragraph 1.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in paragraph 6(a)(i) of this notice.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 6(a)(i) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(a)(ii)of this notice.

(c)   Selection of the market economy country

In the previous investigation which led to the imposition of the existing measures, Canada was used as an appropriate market economy country for the purpose of establishing normal value in respect of Belarus. The Commission envisages to use Canada again for this purpose in accordance with Article 2(7) of the basic Regulation. Interested parties are herby invited to comment on the appropriateness of this country within the specific time limit set in point 6(b) of this notice.

6.   Time limits

(a)   General time limits

(i)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period. Furthermore, the applicant has to submit its questionnaire reply within the aforementioned period of 40 days.

(ii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Canada which, as mentioned in paragraph 5(c) of this notice, is envisaged as a market-economy country for the purpose of establishing normal value in respect of Belarus. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  OJ L 308, 24.10.1992, p. 41. Regulation as last amended by Council Regulation (EC) No 992/2004 (OJ L 182, 19.5.2004, p. 23).

(3)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).