Council Regulation (EC) No 989/2009 of 19 October 2009 amending Regulation (EC) No 661/2008, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia
Council Regulation (EC) No 989/2009of 19 October 2009amending Regulation (EC) No 661/2008, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in RussiaTHE 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 CommunityOJ L 56, 6.3.1996, p. 1. (the "basic Regulation") and in particular Article 9 paragraph 4 thereof,Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,Whereas:A.PREVIOUS PROCEDURE(1)By Regulation (EC) No 658/2002OJ L 102, 18.4.2002, p. 1., the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate falling within CN codes 31023090 and 31024090 and originating in Russia. Based on a request from the Community industry a product scope interim review was subsequently carried out and, by Council Regulation (EC) No 945/2005OJ L 160, 23.6.2005, p. 1., definitive anti-dumping duties were imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight (AN), currently falling within CN codes 31023090, 31024090, ex31022900, ex31026000, ex31029000, ex31051000, ex31052010, ex31055100, ex31055900 and ex31059091 and originating in Russia.(2)Following a request for an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 661/2008OJ L 185, 12.7.2008, p. 1., confirmed the anti-dumping duties on the imports of ammonium nitrate originating in Russia.B.PROCEEDING BEFORE THE COURT OF FIRST INSTANCE(3)On 14 September 2005, JSC Kirovo-Chepetsky Khimichesky Kombinat, a company incorporated under Russian law, lodged an application at the Court Registry for the annulment of the Council Regulation (EC) No 945/2005.(4)By judgment of 10 September 2008 in Case T-348/05, as interpreted by judgment of 9 July 2009 in Case T-348/05 INTP, the Court of First Instance of the European Communities annulled Council Regulation (EC) No 945/2005 in so far as it concerned JSC Kirovo-Chepetsky Khimichesky Kombinat.C.AMENDMENT OF THE MEASURES(5)In view of the above findings, the anti-dumping measures applicable to imports originating in Russia of ammonium nitrate, other than those falling within CN codes 31023090 and 31024090 manufactured and exported by JSC Kirovo-Chepetsky Khimichesky Kombinat should be repealed with retroactive effect to the date of entry into force of Council Regulation (EC) No 661/2008.(6)Repayment or remission should be requested from national customs authorities in accordance with applicable customs legislation,HAS ADOPTED THIS REGULATION: