Legal provisions of COM(2008)363 - Amendment of Council Regulation 442/2007 imposing a definitive anti-dumping duty on imports of ammonium nitrate from Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96

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dossier COM(2008)363 - Amendment of Council Regulation 442/2007 imposing a definitive anti-dumping duty on imports of ammonium nitrate from Ukraine ...
document COM(2008)363 EN
date July  8, 2008

Contents

Article 1

Regulation (EC) No 442/2007 is hereby amended as follows:

1.the following Article shall be inserted after Article 1:

‘Article 1bis

1. Notwithstanding Article 1, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with the subsequent paragraphs of this Article.

2. Imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight originating in Ukraine, 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 for release into free circulation which are invoiced by the exporting producer from which undertaking is accepted by the Commission and whose name is listed in the Commission Decision 2008/577/EC (7), as from time to time 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 exporting producer to the first independent customer in the Community, 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.

3. 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 the basic Regulation in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices invalid.

2.the following Annex shall be added:

‘ANNEX

The following elements shall be indicated in the commercial invoice accompanying the company’s sales to the Community of goods which are subject to the undertaking:

1.The heading “COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING”.

2.The name of the company issuing the commercial invoice.

3.The commercial invoice number.

4.The date of issue of the commercial invoice.

5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Community frontier.

6.The exact description of the goods, including:

—the CN code used for the purpose of the undertaking,

—the nitrogen (“N”) content of the product (in percentages),

—the TARIC code,

—the quantity (to be given in tonnes).

7.The description of the terms of the sale, including:

—the price per tonne,

—the applicable payment terms,

—the applicable delivery terms,

—total discounts and rebates.

8.Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.

9.The name of the official of the company that has issued the commercial invoice and the following signed declaration:

“I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Decision 2008/577/EC. I declare that the information provided in this invoice is complete and correct.”.’

Article 2

This Regulation shall enter into force on the day following 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.