# Council Regulation (EC) No 661/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96, Article 2

Extent: E+W+S+N.I.

1. A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight 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 91 and originating in Russia.
2. The rate of the definitive anti-dumping duty shall be a fixed amount as specified below:
(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 Community or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘ EuroChem ’ , Moscow, Russia, and EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the Community (TARIC additional code A522 ):
Product description
CN code
TARIC code
Fixed amount of duty(Euro per tonne)
—
Ammonium nitrate other than in aqueous solutions
3102 30 90
—
32,82
—
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
32,82
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
32,82
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
32,82
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
32,82
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content
3105 10 00
10
32,82
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
31,84
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
30,85
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
29,87
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
28,88
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
31,84
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
30,85
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
29,87
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
28,88
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 51 00
10
31,84
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
30,85
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
29,87
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
29,41
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 59 00
10
31,84
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
30,85
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
29,87
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
29,41
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 91
30
31,84
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 91
40
30,85
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 91
50
29,87
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 91
60
28,88
(b) For goods produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (TARIC additional code A959 ):
Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)
—
Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07
—
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07
For goods mentioned in Article 2(1) produced by JSC Kirovo-Chepetsky Khimichesky Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply.
(c) For all other companies (TARIC additional code A999):
Product description
CN code
TARIC code
Fixed amount of duty(EUR per tonne)
—
Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07
—
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
47,07
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
47,07
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
47,07
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight with no phosphorus and no potassium content
3105 10 00
10
47,07
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
45,66
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
44,25
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
42,83
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
41,42
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
45,66
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
44,25
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
42,83
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
41,42
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 51 00
10
45,66
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
44,25
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
42,83
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
42,17
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of less than 3 % by weight
3105 59 00
10
45,66
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
44,25
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
42,83
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight and a phosphorus content evaluated as P2O5 of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
42,17
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 91
30
45,66
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 91
40
44,25
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 91
50
42,83
—
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 91
60
41,42
3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the amount of anti-dumping duty mentioned in paragraph 2 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
4. Notwithstanding the first paragraph, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 3.
5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

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Source: https://www.legislation.gov.uk/eur/2008/661/article/2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-661/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

