25.1.2001 Official Journal of the European Communities L 23/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 132/2001 of 22 January 2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ammonium nitrate originating in Poland and Ukraine, and terminating the anti- dumping proceeding in respect of imports originating in Lithuania 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 (!), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1)  The Commission, by Regulation (EC) No 1629/2000 () (the ‘provisional Regulation’) imposed a provisional anti- dumping duty on imports of ammonium nitrate falling within CN codes 3102 3090 and 3102 40 90 and originating in Poland and Ukraine. 2)  In the same Regulation, it was provisionally concluded that no anti-dumping duty should be imposed on imports of the product concerned originating in Lithu- ania, also subject to the same investigation, since these imports were found not to have been dumped. B. SUBSEQUENT PROCEDURE (3)  Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional measures on imports of ammonium nitrate originating in Poland and Ukraine, several inter- ested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. (4)  The Commission continued to seek and verify all infor- mation it deemed necessary for its definitive findings. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () O] L 187, 26.7.2000, p. 12. () All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered, and, where appropriate, the provisional findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT Since no new arguments regarding the product concerned and the like product were put forward by any of the interested parties, the facts and findings as set out in recitals 7 and 8 of the provisional Regulation are hereby confirmed. D. DUMPING 1. Lithuania (@) Normal value The complainant, the European Fertiliser Manufacturers Association (EFMA), made a number of comments on the provisional findings under this heading: — the percentage of profitable domestic sales achieved by the cooperating exporting producer should have been near to zero because dumped Russian imports over much of the investigation period (IP) had depressed prices in Lithuania; — the lowest possible constructed normal value, based on the complainant's information, was above export prices and therefore there must have been dumping; — the Lithuanian producer's record of low profitability cast doubt on its future over the medium term. Its sales should not, therefore, have been considered as being in the ordinary course of trade.