19.1.2002 Official Journal of the European Communities L17/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 92/2002 of 17 January 2002 imposing definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine THE COUNCIL OF THE EUROPEAN UNION, Community producers ) o — Fertiberia, Madrid. Iélavmg regard to the Treaty establishing the European — Hydro Agri France, Paris. ommunity, Users in the Community Having regard to Council Regulation (EC) No 384/96 of 22 — Libera  Associazione  Agricoltori  Cremonesi, December 1995 on protection against dumped imports from Cremona. 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 1497/2001 (3 (the provisional Regulation) imposed a provisional anti- dumping duty on imports of urea falling within CN codes 3102 10 10 and 3102 10 90, and originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine. 2)  In the same Regulation it was decided to terminate the proceeding as regards imports of urea originating in Egypt and Poland. 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 urea from Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine, several interested parties submitted comments in writing. The parties, which 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. (5)  Additional verification visits were carried out at the premises of the following: () OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regula- tion (EC) No 22382000, O] L 257, 11.10.2000, p. 2. (® OJ L 197, 21.7.2001, p. 4. All parties were informed of the essential facts and considerations on the basis of which it is 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 UNDER CONSIDERATION AND LIKE PRODUCT In the absence of any comments, the definition of the product under consideration and the like product as described at recitals 9 to 12 of the provisional Regula- tion are confirmed. D. DUMPING 1. Market economy countries Normal value Application of Article 18 of the Basic Regulation The exporting producer in Libya claimed that recital 63 of the provisional Regulation does not accurately describe the level of cooperation provided. It claimed that the Commission was aware and implicitly accepted the fact that the overall company accounts covering all activities of the group would not be submitted due to confidentiality reasons. It furthermore claimed that in line with Libyan accounting requirements, no public audited accounts have to be filed and therefore, in accordance with Article 2(5) of the Basic Regulation, the Commission should not have rejected the company's accounts on these grounds.