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Commission Implementing Regulation (EU) 2020/2100 of 15 December 2020 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of the Regulation (EU) 2016/1036 of the European Parliament and of the Council

Type Implementing Regulation

Publication 2020-12-16

State In force

Text As published

Department European Commission, TRADE

Source EUR-Lex

articles 5

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

(395) The Commission noted the parties did not challenge the finding in recital (350) that a recurrent injury to AN production would immediately impact all upstream (ammonia, nitric acid), downstream (UAN) and related (CAN, A5, urea) production lines. As this is part of a prospective analysis it is by definition speculative but based on the fact that these production lines are integrated and the production itself has high fixed costs. None of these findings were challenged by the exporting producer. The claim of was therefore dismissed.

(396) The same Russian exporting producer claimed that, following a decrease of the anti-dumping duties in 2018, no benefit was passed on to farmers due to the fact that the antidumping duty on Russian imports was still prohibitive and a decrease in 2018 did not allow Russian producers to import any additional volumes in the Union. Therefore it could not exert a positive effect on competition in the Union market.

(397) The claim of the party did not, however, provided any additional evidence that there would be a benefit passed to the farmers if the anti-dumping duties were terminated. As stated in recital (367) the fact remains that throughout this and previous investigations an increase in farmers’ income could not be linked to a decrease in AN prices. The claim was therefore dismissed.

(398) The same Russian exporting producer claimed that if the anti-dumping measures were terminated, farmers in the Union would continue purchasing from the Union producers. This was because they need a sable supply, especially in a high season, which Russian producers could not offer due to the overlapping seasons and commitments in their own home and third country markets.

(399) Contrary to this claim, farmers typically buy from distributors, where the origin of the material may be local or imported. Then, due to the attractiveness of the Union market addressed in the recitals (296) and (297), as well as recitals (340) and (341), the existing commitments of the Russian producers may change following the situation on the Union market.

6.5. Conclusion on Union interest

(400) In view of the above, the Commission concluded that there were no compelling reasons of Union interest against the extension of the current anti-dumping measures on imports from Russia. On the contrary, there was no significant change in the situation of farmers and the Union industry as compared to previous investigations.

7. ANTI-DUMPING MEASURES

(401) On 25 September 2020, all interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to maintain the anti-dumping measures in force. They were also granted a period within which they could submit comments subsequent to this disclosure. The submissions and comments were duly taken into consideration.

(402) The Union producers association, the Russian exporting producers, the Russian producers’ association, one user association and the Russian Government submitted comments on disclosure.

(403) Upon request, hearings were held with FE, RFPA as well as with the sampled exporting producers. The intervention of the Hearing Officer was requested by RFPA as well as by all the sampled exporting producers and the hearings with the Hearing Officer took place on 9 October and 15 October 2020 respectively.

(404) On 30 September, on 1 October, on 21 October and on 28 October 2020, the Commission provided additional general and/or company-specific disclosure taking into account certain claims received following final disclosure. Interested parties were also granted a period within which they could make representations subsequent to these additional disclosures. RFPA as well as all sampled exporting producers submitted comments on these additional disclosures.

(405) Following the disclosure, interested parties claimed that the inappropriate disclosures prevented them from meaningfully exercising their rights of defence as they were not in a position to effectively make known their views on the correctness and relevance of the facts and circumstances alleged.

(406) It is observed that all the essential facts and circumstances underlying the determinations made by the Commission in this Regulation have been disclosed to the interested parties, be it as part of the general or the company-specific disclosures. Furthermore, all requests for additional information by interested parties were adequately addressed, either by providing further clarifications, further access to documents, access to revised non-confidential versions of documents or by detailed explanations substantiating refusal of disclosure requests (see in this context also recitals (87) and (88), (115) to (117) and (284)) for specific arguments and the Commission rebuttals). Therefore, these claims have been rejected.

(407) It follows from the above considerations that, under Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia applicable under Implementing Regulation (EU) 2018/1722 should be maintained.

(408) Following the disclosure a users’ association ¹⁴² proposed that, if the European Commission decided to extend the measures, the measures should be extended for one year only. This proposal was based on low natural gas prices, prevailing in the Union at that time, and low profitability of the farmers.

(409) The Commission noted that such a short duration of measures would be exceptional as measures usually cover a 5-year period. There not seem to be any particular situation in the present case justifying a shorter period. With regards to the natural gas prices, aside of them historically being volatile, as stated in recital (336), the World Bank’s forecasts predicted that natural gas price in the Union will reach the 2016 level (the beginning of the period considered) in 2023. With regards to the income of the farmers, as stated in Recital (366), farmer’s income is shaped by a variety of factors and. The investigation found no clear nexus between ammonium nitrate prices and farmer’s income, as explained in recital (367). This claim was therefore rejected.

(410) The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product under review produced by these companies and thus by the specific legal entities mentioned. Imports of the product under review manufactured by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’. Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission ¹⁴³ forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.

(411) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ¹⁴⁴, when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

(412) On 13 October 2020 Commission Implementing Regulation (EU) 2020/1317 ¹⁴⁵ (‘new classification Regulation’) entered into force. The new classification Regulation has clarified that certain products, predominantly based on ammonium nitrate, fall under CN code 3602 00 00. The Commission has therefore updated the codes in this Regulation, with effect from 13 October 2020, in order to adapt to the correct classification clarified by the aforementioned Regulation. The Commission recalls that, in any event, the list of codes is provided for information only. The scope of the measures is defined by the definition of the product concerned. Its customs classification may change.

(413) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 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 under 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, ex 3602 00 00 (TARIC codes 3102290010, 3102600010, 3102900010, 3105100010, 3105100020, 3105100030, 3105100040, 3105100050, 3105201030, 3105201040, 3105201050, 3105201060, 3105510010, 3105510020, 3105510030, 3105510040, 3105590010, 3105590020, 3105590030, 3105590040, 3105902030, 3105902040, 3105902050, 3105902060, 3602000010) and originating in Russia.

The rate of the definitive anti-dumping duty shall be a fixed amount as specified in Articles 2 and 3.

Article 2

For the following goods produced by all companies (TARIC additional codes A522 ¹⁴⁶, A959 ¹⁴⁷ and A999 ¹⁴⁸):

Product description	CN code	TARIC code	Fixed amount of duty (EUR per tonne)
Ammonium nitrate other than in aqueous solutions	3102 30 90	—	32,71
Ammonium nitrate other than in aqueous solutions	36 02 00 00	10	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

Article 3

For the following goods produced by all companies except for ‘KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk’ (TARIC additional code A522 ¹⁴⁹ and A999 ¹⁵⁰):

Product description	CN code	TARIC code	Fixed amount of duty (EUR per tonne)
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 P2O5 and/or a potassium content evaluated as K2O 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 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	30,75
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	29,76
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	28,78
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	31,73
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	30,75
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	29,76
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	28,78
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	31,73
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	30,75
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	29,76
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	29,31
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	31,73
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	30,75
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	29,76
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	29,31
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 20	30	31,73
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 20	40	30,75
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 20	50	29,76
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 20	60	28,78

The non-application of any anti-dumping duty for goods listed in paragraph 1 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, mentioned in paragraph 1 shall apply to all product types of ammonium nitrate produced by KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo-Chepetsk.

Article 4

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 131(2) of Commission Implementing Regulation (EU) 2015/2447 ¹⁵¹, the amount of anti-dumping duty laid down in Articles 2 and 3 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 5

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 all Member States.

Done at Brussels, 15 December 2020.

For the Commission

The President

Ursula VON DER LEYEN

OJ L 176, 30.6.2016, p. 21.

Council Regulation (EC) No 2022/95 of 16 August 1995 imposing definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 198, 23.8.1995, p. 1).

Council Regulation (EC) No 663/98 of 23 March 1998 amending Regulation (EC) No 2022/95 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 93, 26.3.1998, p. 1).

Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

Council Regulation (EC) No 658/2002 of 15 April 2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ L 102, 18.4.2002, p. 1).

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 L 160, 23.6.2005, p. 1).

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 (OJ L 185, 12.7.2008, p. 1).

Commission Decision 2008/577/EC of 4 July 2008 accepting the undertaking offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine (OJ L 185, 12.7.2008, p. 43).

Case T-348/05.

Case T-348/05 INTP.

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 (OJ L 278, 23.10.2009, p. 1).

Commission Decision 2012/629/EU of 10 October 2012 amending Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia (OJ L 277, 11.10.2012, p. 8).

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

Commission Implementing Regulation (EU) No 999/2014 of 23 September 2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 280, 24.9.2014, p. 19).

Commission Implementing Regulation (EU) 2016/226 of 17 February 2016 amending Implementing Regulation (EU) No 999/2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 41, 18.2.2016, p. 13).

Commission Implementing Regulation (EU) 2016/415 of 21 March 2016 withdrawing the acceptance of the undertaking for two exporting producers and repealing Decision 2008/577/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia (OJ L 75, 22.3.2016, p. 10).

Commission Implementing Regulation (EU) 2018/1722 of 14 November 2018 amending Implementing Regulation (EU) No 999/2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 287, 15.11.2018, p. 3).

OJ C 53, 11.2.2019, p. 3.

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia (OJ C 318, 23.9.2019, p. 6).

The response to the disclosure was filed jointly by RFPA, Eurochem group and Uralchem group.

Decision of the European Ombudsman closing the inquiry into complaint 577/2014/MDC on the European Commission’s refusal to grant access, pursuant to Council Regulation 1225/2009, to a request for review concerning the expiry of anti-dumping duties on ammonium nitrate imports from Russia, para.14 (‘Ombudsman Decision’).

Dispute DS494, EU – Cost Adjustment Methodologies II (Russia).

Commission Implementing Regulation (EU) 2019/1688 of 8 October 2019 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America (OJ L 258, 9.10.2019, p. 21).

Judgment of the Court of First Instance of 10 September 2008, Case T-348/05, JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, EU:T:2008:327.

Including ammonium nitrate to which phosphorus and/or potassium nutrients were added (so-called ‘dirty’ or ‘stabilised’ ammonium nitrate).

Judgment of the Court of First Instance of 9 July 2009, Case T-348/05 INTP, JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, EU:T:2009:261.

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’), Uralchem JSC, PJSC Acron and its related companies..

Judgment of 10 September 2008, JSC Kirovo-Chepetsky Khimichesky Kombinat v Council of European Union, T-348/05, EU:T:2008:327, para. 64.

Judgment of the Court of First Instance of 9 July 2009, Case T-348/05 INTP, JSC Kirovo-Chepetsky Khimichesky Kombinat v Council, EU:T:2009:261, para. 8.

Monthly import statistics based on actual data provided by customs authorities in Member States under Article 14(6) of the basic Regulation.

Implementing Regulation (EU) 2018/1722.

This excludes the sales of stabilised ammonium nitrate produced by Kirovo branch of Uralchem, which are not subject to an anti-dumping duty.

Implementing Regulation (EU) No 999/2014.

Implementing Regulation (EU) 2019/1688, recital 56.

Implementing Regulation (EU) No 999/2014, recital 82.

https://www.acron.ru/en/the-geography-of-business/as-dbt/

https://www.uralchem.com/about/assets/4644/

Source: IFA, 2016 (see Annex XXIX of the Review Request).

2019 semi-annual reports of the countries on the WTO website https://www.wto.org/english/tratop_e/adp_e/adp_e.htm

Implementing Regulation (EU) No 999/2014, recital 154.

https://www.ceicdata.com/en/china/petrochemical-trade-fertilizer-quantity/cn-import-ammonium-nitrate (accessed on 10 July 2020)

Implementing Regulation (EU) 2018/1722, recital 76.

Source: Fertecon (see RFPA submission dated 30 October 2019, p. 18).

See Annex 26 of the Review Request – Russia Exports and Imports of AN to the World.

See https://www.oecd.org/eurasia/countries/

Source: IFA, 2016 (see Annex 29 of the Review Request)

Government order of March 29, 2018 No 532, submitted as Annex 28 of the Review Request.

Russian exporting producers of UAN (which include Acron and Eurochem) exported 613 491 tonnes of UAN in the period 1 July 2017 – 30 June 2018. Anti-dumping measures on the UAN Russian imports will likely lead to an increased pressure on the Russian producers to export other nitrogen fertilizers (including AN) in order to achieve the targeted 2 % increase in exports.

Implementing Regulation (EU) No 999/2014, in particular recitals 72 and 96.

Implementing Regulation (EU) 2018/1722.

Implementing Regulation (EU) 2018/1722, recital 139.

See https://zakon.rada.gov.ua/laws/show/535-2019-п#Text, accessed on 15 October 2020.

See https://www.president.gov.ua/documents/1762018-24362, https://www.president.gov.ua/storage/j-files-storage/00/61/50/f5678abf43bcb17ce6b232500e9a7312_1529676085.pdf,accessed on 15 October 2020.

Government order of March 29, 2018 No 532, submitted as Annex 28 of the Review Request.

Excluding imports of stabilised AN from Kirovo, which are not covered by these measures

Average price does not include anti-dumping duties in place.

Association Générale des Producteurs de Blé et autres céréales, France (AGPB), Irish Farmers’ Association, Ireland (IFA).

AGPB, IFA.

Bloomberg; World Gas Intelligence; World Bank; spot TTF.

AGPB, IFA.

Implementing Regulation (EU) 2018/1722.

AGPB, IFA.

Source: World Bank Commodities Price Forecast.

Submission of AGBP and IFA of 21/04/2020 (t20.003085) and 05/10/2020 (t20.006054).

Source: World Bank Commodities Price Forecast.

Submission of AGBP and IFA of 05/11/2019 (t19.005682).

Actual AN prices in the Union were based on the verified questionnaire replies of the sampled Union producers, where sales price was collected at ex-works (factory) level, i.e. sales value net of any transport cost to the customer’s premises; exclusive of VAT; net of credit notes and trade discounts allowed (discounts immediately deducted on the invoice).

Delivered to the EU boarder.

Submission of AGBP and IFA of 05/11/2019 (t19.005682).

Submission of AGBP and IFA of 05/10/2020 (t20.006054).

Submission of AGBP and IFA of 05/11/2019 (t19.005682).

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’) and Uralchem JSC.

Volumes reported under AS (Ammonium Sulphate Nitrate) and OSTRN (Other Straight Nitrogen) indicated only estimated deliveries (= Consumption – Imports), which were not taken into account, since imports in this source were based on 8 digit CN code and may have included other products (while the Commission is using 10 digit TARIC code).

Comments on General disclosure document by Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’) and Uralchem JSC, t20.006223.

World Bank Commodities Price Forecast; AMIS Market Monitor, Fertilizers Outlook.

World Bank Commodities Price Forecast.

http://trade.ec.europa.eu/tdi/case_details.cfm?id=2410

https://www.industry.gov.au/sites/default/files/adc/public-record/473-066_-notice-adn_2019-057-_findings_in_relation_to_a_dumping_investigation.pdf

CN8 digit code level including all the codes covering the product under review.

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’) and Uralchem JSC.

As indicated in the questionnaire reply available to interested parties, t19.006120.

EU Agricultural Markets Briefs, Fertilisers in the EU, European Commission, DG AGRI, t20.004387.

Quarterly report on European Gas Markets, issue 4, fourth quarter of 2019, European Commission, DG Energy, t20.003589.

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’), Uralchem JSC and Acron group.

Implementing Regulation (EU) 2019/1688.

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’) and Uralchem JSC.

As can be seen from the annual reports of the group, revenues generated by this group (around 75 % of the revenues were from all the fertilizer sales) in Latin America were less than 10 % of all group revenues.

Undercutting margins would still be in a range of 8 – 28 % if no deduction of the SG&A and profits of the exporting producers’ related selling entities in the EU, nor credit costs would be made.

Government order of March 29, 2018 No 532.

From 9,5 million tonnes in 2016 to 11,7 million tonnes in 2020 and 12,3 million tonnes in 2025.

Import volumes of above 2 million tonnes.

Latin America was the largest market for exports of the cooperating Russian companies. Import prices from the cooperating companies to Latin America were lower than to the EU.

2019 semi-annual reports of the countries on the WTO website https://www.wto.org/english/tratop_e/adp_e/adp_e.htm

100

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’), Uralchem JSC and Acron group.

101

Compared after adjustment of provided AN spot prices to ex-works price level.

102

Using, as example, the delivery cost of one of the sampled Russian producers provided in the submission of these parties, comments on General disclosure document by Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’) and Uralchem JSC, t20.006223

103

Russian Fertilizer Producers’ Association, EuroChem group (Joint Stock Company ‘Nevinnomyssky Azot’, Joint Stock Company ‘Azot’) and Uralchem JSC.

104

The analysis is based on Eurostat (CN8 digit level) and UNICOM trade (CN6 digit level) statistics, which include other products than the product under review.

105

Cost in a range of 40 – 50 EUR/tonne, as reported by the interest parties making this claim.

106

Break-even price is the price that would cover the cost of production, i.e. 198 EUR/tonne established in the RIP.

107

File t20.005622.

108

Source: World Bank Commodities Price Forecast, Natural gas price, Europe in 2016 and 2023 is 4,6 $/mmbtu.

109

110

Most Favoured Nation.

111

Implementing Regulation (EU) No 999/2014).

112

Source: Hearing with users’ associations, t19.005682, 8/11/2019.

113

Source: Farm Accountancy Data Network (FADN), Farm Economy Focus by sector, DG AGRI, https://agridata.ec.europa.eu/; t20.004226/t20.004250.

114

Specific crop cost consists of costs for fertilizers (including AN), seeds, pesticides and feed (also ‘cost of raw materials’).

115

Total farm cost/total inputs consists of specific crop cost (cost of raw materials), labour cost, overheads (incl. depreciation).

116

Last financial year – 2018. Source: questionnaire reply of the two farmers.

117

According to the data submitted by the cooperating COP farmers in their replies to the anti-dumping questionnaires.

118

Last financial year – 2018.

119

Last financial year – 2018.

120

Source: submission of users’ associations, t19.005682.

121

Seeds’ cost share increased from 7,1 % to 7,5 % from 2014 to 2018; wages, rent, interest paid share increased from 17,7 % to 19,2 % during the same period in the EU COP farms.

122

Economic accounts of agriculture, t20.004550.

123

Last financial year – 2018.

124

Source: submission of users’ associations, t19.005682.

125

AGPB, IFA.

126

Source: Hearing with users’ associations, t19.005799, 15/11/2019.

127

Source: Hearing with users’ associations, t19.005682, 15/11/2019. It is noted that the forward estimations relate to 2018 and 2019, i.e. now the past. The associations did not provide any actual figures for these two years.

128

Source: Agricultural and farm income, DG Agriculture and Rural Development, Unit Farm Economics, t20.003213

129

Source: Farm Economy Focus by sector, DG AGRI, https://agridata.ec.europa.eu/; t20.004226.

130

Last financial year – 2018. Source: questionnaire reply of the two farmers.

131

Based on comparison of Union industry’s price of AN on the Union market (source: verified questionnaire replies of the sampled producers) and income level of all crop farms in the EU, also specialised COP farms in the EU and France (source: DG AGRI).

132

AGPB, IFA.

133

Source: EU agricultural outlook for markets and income 2019 – 2030, DG AGRI, European Commission.

134

AGPB, IFA.

135

Farm Family Income (FFI) is the income after the deduction of the costs of hired labour, interest paid and rent paid and is the return to the farmer for the use of his own labour, own land and own capital.

136

Source: Hearing with FE, t19.005516, 24/10/2019.

137

AGPB, IFA.

138

AGPB, IFA.

139

Source: Agricultural and farm income, DG Agriculture and Rural Development, Unit Farm Economics, t20.003213

140

AGPB, IFA.

141

Submission of AGPB, IFA. t19.005828.

142

COPA (Committee of Professional Agricultural Organisations), Cogeca (General Committee for Agricultural Cooperation in the European Union).

143

European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, Belgium.

144

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulation (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014 and Decision No 541/2014/EU and repealing Regulation (EU Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

145

Commission Implementing Regulation (EU) 2020/1317 of 9 September 2020 concerning the classification of certain goods in the Combined Nomenclature (OJ L 309, 23.9.2020, p. 1).

146

For goods produced by Open Joint Stock Company (OJSC) Azot, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) Nevinnomyssky Azot, Nevinnomyssk, Russia.

147

For goods produced by ‘KCKK Branch of Joint Stock Company United Chemical Company Uralchem in Kirovo- Chepetsk’.

148

For all other companies.

149

For goods produced by Open Joint Stock Company (OJSC) Azot, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) Nevinnomyssky Azot, Nevinnomyssk, Russia.

150

For all other companies.

151

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

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