Article 1
(1)
A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight currently falling within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 20 and originating in Russia.
(2)
The rate of the definitive anti-dumping duty shall be a fixed amount as specified in points (a), (b) and (c):
(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 EU or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company EuroChem, Moscow, Russia, or EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the EU (TARIC additional code A522):
F1Product description | CN code | TARIC code | Fixed amount of duty (EUR per tonne) |
|---|---|---|---|
Ammonium nitrate other than in aqueous solutions | 3102 30 90 | — | 32,71 |
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight | 3102 40 90 | — | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight | 3102 29 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight | 3102 60 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight | 3102 90 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content | 3105 10 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of less than 3 % by weight | 3105 10 00 | 20 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of 3 % by weight or more but less than 6 % by weight | 3105 10 00 | 30 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of 6 % by weight or more but less than 9 % by weight | 3105 10 00 | 40 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of 9 % by weight or more but not exceeding 12 % by weight | 3105 10 00 | 50 | 28,78 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of less than 3 % by weight | 3105 20 10 | 30 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of 3 % by weight or more but less than 6 % by weight | 3105 20 10 | 40 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of 6 % by weight or more but less than 9 % by weight | 3105 20 10 | 50 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of 9 % by weight or more but not exceeding 12 % by weight | 3105 20 10 | 60 | 28,78 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of less than 3 % by weight | 3105 51 00 | 10 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 3 % by weight or more but less than 6 % by weight | 3105 51 00 | 20 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 6 % by weight or more but less than 9 % by weight | 3105 51 00 | 30 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 9 % by weight or more but not exceeding 10,40 % by weight | 3105 51 00 | 40 | 29,31 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of less than 3 % by weight | 3105 59 00 | 10 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 3 % by weight or more but less than 6 % by weight | 3105 59 00 | 20 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 6 % by weight or more but less than 9 % by weight | 3105 59 00 | 30 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 9 % by weight or more but not exceeding 10,40 % by weight | 3105 59 00 | 40 | 29,31 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of less than 3 % by weight | 3105 90 20 | 30 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of 3 % by weight or more but less than 6 % by weight | 3105 90 20 | 40 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of 6 % by weight or more but less than 9 % by weight | 3105 90 20 | 50 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of 9 % by weight or more but not exceeding 12 % by weight | 3105 90 20 | 60 | 28,78 |
F2(b)
For goods produced by ‘ KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk ’ (TARIC additional code A959 ):
F1Product description | CN code | TARIC code | Fixed amount of duty (EUR per tonne) |
|---|---|---|---|
Ammonium nitrate other than in aqueous solutions | 3102 30 90 | — | 32,71 |
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight | 3102 40 90 | — | 32,71 |
For goods mentioned in paragraph 1 produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk and which are not mentioned in the table above, no anti-dumping duty shall apply.
The non-application of any anti-dumping duty for certain goods produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk shall be conditional upon presentation by Joint Stock Company United Chemical Company Uralchem to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘ I, the undersigned, certify that the (volume) of ammonium nitrate sold for export to the European Union covered by this invoice was manufactured by ( KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk and address) (TARIC additional code A959 ) in Russia. I declare that the information provided in this invoice is complete and correct. ’ If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply to all product types of ammonium nitrate produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk.
(c)
For all other companies (TARIC additional code A999):
F1Product description | CN code | TARIC code | Fixed amount of duty (EUR per tonne) |
|---|---|---|---|
Ammonium nitrate other than in aqueous solutions | 3102 30 90 | — | 32,71 |
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight | 3102 40 90 | — | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight | 3102 29 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight | 3102 60 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight | 3102 90 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content | 3105 10 00 | 10 | 32,71 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of less than 3 % by weight | 3105 10 00 | 20 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of 3 % by weight or more but less than 6 % by weight | 3105 10 00 | 30 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of 6 % by weight or more but less than 9 % by weight | 3105 10 00 | 40 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and/or a potassium content evaluated as K 2 O of 9 % by weight or more but not exceeding 12 % by weight | 3105 10 00 | 50 | 28,78 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of less than 3 % by weight | 3105 20 10 | 30 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of 3 % by weight or more but less than 6 % by weight | 3105 20 10 | 40 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of 6 % by weight or more but less than 9 % by weight | 3105 20 10 | 50 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 and a potassium content evaluated as K 2 O of 9 % by weight or more but not exceeding 12 % by weight | 3105 20 10 | 60 | 28,78 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of less than 3 % by weight | 3105 51 00 | 10 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 3 % by weight or more but less than 6 % by weight | 3105 51 00 | 20 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 6 % by weight or more but less than 9 % by weight | 3105 51 00 | 30 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 9 % by weight or more but not exceeding 10,40 % by weight | 3105 51 00 | 40 | 29,31 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of less than 3 % by weight | 3105 59 00 | 10 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 3 % by weight or more but less than 6 % by weight | 3105 59 00 | 20 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 6 % by weight or more but less than 9 % by weight | 3105 59 00 | 30 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P 2 O 5 of 9 % by weight or more but not exceeding 10,40 % by weight | 3105 59 00 | 40 | 29,31 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of less than 3 % by weight | 3105 90 20 | 30 | 31,73 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of 3 % by weight or more but less than 6 % by weight | 3105 90 20 | 40 | 30,75 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of 6 % by weight or more but less than 9 % by weight | 3105 90 20 | 50 | 29,76 |
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K 2 O of 9 % by weight or more but not exceeding 12 % by weight | 3105 90 20 | 60 | 28,78 |
(3)
(4)
Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.
(5)
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
(1)
Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in the Decision 2008/577/EC, as amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:
they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Union, 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 to this Regulation, and
the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
(2)
A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
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 Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.