No L 162/16 Official Journal of the European Communities 30. 6. 94 COMMISSION REGULATION (EC) No 1506/94 of 27 June 1994 imposing provisional duties on imports of urea ammonium nitrate solution ‘ originating in Bulgaria and Poland THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the ‘European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean Economic Community ('), as last amended by Council Regulation (EC) No 522/94 () and in particular Article 11 thereof, After consultations within the Advisory Committee, Whereas : A. PROCEDURE (1)  The Commission in May 1993 announced by way of a notice published in the Official Journal of the European Communities(°) the initiation of an anti- dumping proceeding concerning imports into the Community of urea-ammonium-nitrate solution (UAN’) originating in Bulgaria and Poland falling under CN code 3102 80 00. (2 This notice followed the receipt of a written complaint lodged by the Buropean Fertilizer Manu- facturer Association (EFMA’) allegedly representing a major proportion of the total Community production of UAN. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom. This evidence was considered sufficient to justify the initiation of a proceeding. (3) The Commission officially advised the producers and exporters in the exporting countries .and importers known to be concerned, the representa- tives of the exporting countries and the complai- nant. Parties directly concerned were given the opportunity to make their views known in writing and to request a hearing. “ The Polish producers, one Polish exporter, one Bulgarian producer, one Bulgarian exporter, the complainant companies and two importers made their views known in writing. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 66, 10. 3. 1994, p. 10. () O No C 123, 5. 5. 1993, p. §. ) (6) @) @) The Commission sought and verified all informa- tion it deemed necessary for the purposes of a preliminary determination and arried out investiga- tions at the premises of the following: (a) Community producers DSM AGRO BV Netherlands, Grande Paroisse SA, France, Hydro Agri Rostock GmbH, Germany, Hydro Agri Sluiskil BV, Netherlands, Hydro Azoe France, Kemira BV, Netherlands, Stickstoffwerke AG, Germany. (b) Producers and exporters in Poland CIECH, Warsaw Zaklady Azotowe (ZAK) Zaklady Azotzowe Pulawy, Pulawy (‘ZAP) Kedzierzyn, Kedzierzyn (c) Producers located in the analogue countries Duslo Statny Podnik, Duslo, Slovak Republic Severoceske Chemicke Zavody, Lovosice, Czech Republic The investigation of dumping covered the period from 1 April 1992 to 31 March 1993. With respect to the initiation of the anti-dumping proceeding, the Bulgarian exporter has argued that the Commission had illegally initiated the present anti-dumping investigation covering the total terri- tory of the Community. In this context it was claimed, that, given that Bulgarian exports were made only to one Member State — France — during the investigation period, that the producers located in thatMember State sold their product only locally and that imports of the product concerned into that Member State from producers located in other Member States were limited, the Commission should have investigated the effect of Bulgarian imports only with respect to that Member State in accordance with Article 4 (5) of Regulation (EEC) No 2423/88 (the ‘Basic Regulation’). In this context, the Commission' notes that although Bulgarian imports were made to one Member State only during the investigation period, in previous 12-month periods exports had also been made to other Member States. Furthermore, contrary to the allegations put forward by the Buglarian exporter, the market of the Member State