Keywords
Subject of the case
Operative part
Common commercial policy
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Protection against dumping
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Review procedure
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Modification of the definition of the product concerned by existing measures
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Incorporation of the product concerned into new products
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Applicability of existing measures to the new products
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None
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Need to open a new investigation (Council Regulation No 384/96, Arts 1, 5, 11(3) and 13) (see paras 61-64, 66, 68-70
)
Re:
ACTION for annulment of Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1).
Operative part
The Court:
1. Annuls Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96;
2. Orders the Council to bear its own costs and those incurred by JSC Kirovo‑Chepetsky Khimichesky Kombinat;
3. Orders the Commission to bear its own costs.