29.9.2010 Official Journal of the European Union L 254/5 COUNCIL IMPLEMENTING REGULATION (EU) No 856/2010 of 27 September 2010 terminating the partial interim review of Regulation (EC) No 661/2008 imposing a definitive anti- dumping duty on imports of ammonium nitrate originating in Russia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the ‘basic Regulation’), and in particular Articles 8, 9(4) and 11(3) thereof, Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE By Regulation (EC) No 2022/1995 (), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate (‘AN’) originating in Russia, falling within  CN  codes 31023090 and 3102 40 90. Pursuant to a further investigation in accordance with Article 12 of the basic Regulation, which established that the duty was being absorbed, the measures were amended by Regulation (EC) No 663/1998 (). Following a request for an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council, by Regulation (EC) No 658/2002 (%), imposed a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 3090 and 310240 90 and originating in Russia. Finally, a product scope interim review pursuant to Article 11(3) of the basic Regulation was carried out and, by Regu- lation (EC) No 945/2005 (°), a definitive anti-dumping duty ranging between EUR 41,42 per tonne and EUR 47,07 per tonne was imposed on imports of solid fertilisers originating in Russia with an ammonium nitrate content exceeding 80 % by weight, falling within CN codes 31023090, 31024090, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 31055100, ex 31055900 and ex 3105 90 91. 343, 22.12.2009, p. 51. 198, 23.8.1995, p. 1. 102, 18.4.2002, p. 1. 160, 23.6.2005, p. 1. () oL (oL () O] L 93, 26.3.1998, p. 1. () oL () oL (2) Following a request for an expiry and an interim review (‘the last expiry review’) pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council, by Regulation (EC) No 661/2008 (%), imposed a definitive anti-dumping duty ranging between EUR 28,88 per tonne and EUR 47,07 per tonne for a further five years. Following the decision of the Court of First Instance of the European Communities to partially annul Regulation (EC) No 945/2005, the Council, by Regulation (EC) No 989/2009 (7), amended the definitive anti-dumping duty in so far as it concerned JSC Kirovo-Chepetsky Khimichesky Kombinat. By Decision 2008/577[EC of 4 July 2008 (%), the Commission accepted undertaking offers submitted by several exporting producers, including the related Russian exporting producers Joint Stock Company Acron and Joint Stock Company Dorogobuzh (‘Acron’ Holding Company), in connection with the anti- dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine. B. PRESENT PROCEDURE 1. Request for a review A request for a partial interim review (‘the present review’) pursuant to Article 11(3) of the basic Regulation was lodged by JSC Acron, JSC Dorogobuzh and their related trading company Agronova International Inc., members of ‘Acron’ Holding Company (the applicant’). The request was limited in scope to the examination of the form of the measure and in particular to the inclusion of Agronova International Inc. into the price undertaking of JSC Acron and JSC Dorogobuzh. The applicant alleged that the circumstances under which the price undertaking was granted changed, in particular that Agronova International Inc, a newly established trader in the USA, was incorporated into the ‘Acron’ Holding Company. The applicant further alleged that these changes were of a lasting nature. 185, 12.7.2008, p. 1. oJ L 0] L 278, 23.10.2009, p. 1. oJ L 185, 12.7.2008, p. 43.