17.10.2002 Official Journal of the European Communities L 279/3 COUNCIL REGULATION (EC) No 1841/2002 of 14 October 2002 amending Regulation (EC) No 900/2001 imposing definitive anti-dumping duties on imports of urea and ammonium nitrate solutions originating in Poland 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 11(3) thereof, Having regard to the proposal submitted by the Commission, after consulting the Advisory Committee, Whereas: () O] L 56, 6.3.1996, Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2). A. EXISTING MEASURES By Regulation (EC) No 900/2001 (3, the Council imposed a definitive anti-dumping duty on imports of urea and ammonium nitrate solutions (UAN) originating in Poland. That Regulation changed the form of the measure from the minimum import prices imposed orig- inally by Regulation (EC) No 3319/94 into a specific duty of EUR 19 per tonne with regard to Zaklady Azotowe Pulawy SA and EUR 22 per tonne for all other Polish exporting producers. B. REQUEST FOR A REVIEW On 28 June 2001, the Polish exporting producer Zaklady Azotowe Pulawy SA (the applicant) lodged a request for an interim review of the anti-dumping measure applicable to it, limited to the aspects of dumping pursuant to Article 11(3) of Regulation (EC) No 384/96 (the basic Regulation). The request provided prima facie evidence that measures were no longer necessary to counteract dumping, and also that this was attributable to lasting changes in circumstances. Notably, the applicant alleged that it had started to sell UAN on the domestic market. It was further alleged that the export sales pattern had changed as the company had stopped selling through its related exporter. The appli- cant had provided prima facie evidence showing the absence of dumping. Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an interim review, the Commission published a notice in the Official Journal of the European Communities () and commenced an investigation. p-1. Regulation as last amended by Council () O] L 127, 9.5.2001, p. 1. () O] C 288, 13.10.2001, p. 2. C. PROCEDURE The investigation of dumping covered the period from 1 October 2000 until 30 September 2001 (the ‘invest- igation period’ or IP). The Commission officially advised the authorities of the exporting country of the initiation of the interim review and gave all the parties directly concerned the oppor- tunity to make their views known in writing and to request a hearing. The Commission sent a questionnaire and received detailed information from the applicant. The Commission sought and verified all information it deemed necessary for the purpose of a determination of dumping and carried out a verification visit at the prem- ises of the exporting producer concerned. The applicant and the Community industry were informed of the facts and considerations of the invest- igation and were given an opportunity to comment. Their comments were taken into account and, where appropriate, the findings were modified as reflected above. D. PRODUCT CONCERNED AND LIKE PRODUCT The findings of the previous investigation as published in Regulation (EC) No 900/2001 with regard to product concerned and like product were confirmed. E. DUMPING 1. Normal value It was first determined that the total volume of domestic sales of UAN was representative in relation to export sales. Indeed, the sales volume on the Polish domestic market was higher than the sales volume exported to the Community. It was then determined whether these domestic sales had been made in the ordinary course of trade. In this regard, the investigation showed that the volume of sales above unit production cost represented more than 10 % but less than 80 % of all sales. There- fore, normal value was established on the basis of the prices actually paid for all profitable sales of the product under consideration.