27.2.98 Official Journal of the European Communities L 58/15 COUNCIL REGULATION (EC) No 449/98 of 23 February 1998 amending Regulation (EEC) No 3068/92 in respect of definitive anti-dumping duties on imports of potassium chloride originating in Belarus, Russia and Ukraine THE 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 Community (') hereafter referred to as the Basic Regula- tion, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: ) ) I. PREVIOUS PROCEDURE By Regulation (EEC) No 3068/92 (%), the Council imposed a definitive anti-dumping duty on imports of potassium chloride originating in Belarus, Russia and Ukraine, falling within CN codes 3104 20 10, 3104 20 50 and 3104 20 90 and consisting of the difference between a set minimum price and the net, free-at-Community- border price before customs clearance of the product concerned (‘minimum price’). By Regulation (EC) No 643/94 (%), hereafter referred to as the ‘Regulation subject to review’, the Council amended Regulation (EEC) No 3068/92 in respect of definitive anti-dumping duties on imports of potassium chloride originating in Belarus, Russia and Ukraine, and changed the form of the measures into a combination of a minimum price and a fixed amount of duty per tonne. II. REVIEW By a notice published on 5 August 1995 (%), the Commission, after consultation of the Advisory Committee and in accordance with Article 11(3) of the Basic Regulation, initiatied an interim review. The review was initated pursuant to a request by the International Potash Company (IPC, Moscow), a Russian exporter of potassium chloride on behalf of the following Belarussian and Russian produ- (") OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula- tion (EC) No 2331/96 (O] L 317, 6. 12. 1996, p. 1). () OJ L 308, 24. 10. 1992, p. 41. () OJ L 80, 24. 3. 1994, p. 1. ( 4 OJ C 201, 5. 8. 1995, p. 4. ©) cers: Production Amalgamation ‘Belaruskali’ (Soli- gorsk, Minsk region), PLC ‘Silvinit’ (Solikamsk, Perm region) and PLC ‘Uralkali’ (Berezniki, Perm region). The applicant claimed that the accession of Austria, Finland and Sweden had resulted in a change in the circumstances on the basis of which the measures in force had been established. It also submitted that in 1994, export prices had to be based on facts available whereas it was now prepared to cooperate. Finally, it argued that the form of the measures, i.e. the combination of a fixed amount of duty per tonne with a minimum price, should be re-examined since it dispropor- tionately impeded its normal trading activity with the Community. The review was limited to dumping and Community interest. The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the exporting countries, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. The exporter, the representatives of the exporting countries, the Community industry, importers and their association made their views known. All parties who so requested were granted a hearing, namely: — the Russian exporter IPC, — the wunrelated importer Kemira Agro Oy, Helsinki, Finland, — IPC’s related importer Ferchimex N.V, Antwerp, Belgium, — the European Fertiliser Import Association EFIA, — the European association of potash producers APEP, ie. the complainant. The Commission sent questionnaires to parties known to be concerned and received detailed information from the exporter, two related im- porters and non-related importers in the Community. Since Canada had been chosen as analogue country, the Commission also sent ques- tionnaires to Canadian companies producing the product concerned and received detailed informa- tion from two of them.