24, 3. 94 Official Journal of the European Communities No L 80/1 (Acts .whose publication is obligatory) COUNCIL REGULATION (EC) No 643/94 of 21 March 1994 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 (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 (') (hereafter referred to as the Basic Regulation), and in particular Article 14 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the abovementioned Regulation, Whereas : I. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 3068/92 (3, the Council imposed a definitive anti-dumping duty on imports of potassium chloride originating in Belarus, Russia or 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-frontier price before customs clearance of the product concerned. II. REVIEW (2 By a notice published on 26 June 1993 (°), the Commission, after consultation with the Advisory Committee and in accordance with Article 14 of the Basic Regulation, initiated a review of Regula- (") OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). (» OJ No L 308, 24. 10. 1992, p. 41. () OJ No C 175, 26. 6. 1993, p. 10. @) tion (EEC) No 3068/92 (hereafter referred to as the Regulation subject to review). Information made available to the Commission indicated that, since the imposition of definitive measures in this case, important developments have taken place in Belarus, the Russian Federation and Ukraine, follo- wing decentralization from the former Soviet Union. These developments have apparently led, inter alia, to the introduction of autonomous marketing arrangements for potash, and the esta- blishment of new export channels. At the same time, the Commission had in its possession, conflicting data on the appropriateness of anti-dumping measures in the form of a variable duty. The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the exporting countries and the complainants, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. The representatives of the exporting countries, the Community industry and two importers in the Community made their views known. All parties who so requested were granted a hearing. The representative of Ukraine submitted that there was no production of potash in Ukraine and that the anti-dumping duty imposed should be repealed in respect of imports of potash originating in Ukraine. However, the official customs statistics based on the customs declarations at the Commu- nity frontier, showed that, in the period of investi- gation, a substantial quantity of potash originating in Ukraine was imported in the Community. In these circumstances and in order to avoid any potential discrimination of circumvention, imports of potash originating in Ukraine should not be excluded from the scope of the present review.