L 150/24 Official Journal of the European Union 16.6.2010 COUNCIL IMPLEMENTING REGULATION (EU) No 512/2010 of 14 June 2010 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Ukraine following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning 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 (') repealing Council Regulation (EC) No 38496 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (3 (the ‘basic Regu- lation’), and in particular Article 11(2) thereof, Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1)~ On 22 January 2001, the Council imposed, by Regu- lation (EC) No 132/2001 (}), a definitive anti-dumping duty (‘the existing measures’) of EUR 33,25 per tonne on imports of ammonium nitrate (‘AN’) falling within CN codes 3102 30 90 and 3102 40 90 and originating, inter alia, in Ukraine. The investigation that led to these measures will be referred to as ‘the original investigation’. (2)  On 17 May 2004, following a partial interim review, by Regulation (EC) No 993/2004 (¥), the Council exempted from the anti-dumping duties imposed by Council Regu- lation (EC) No 132/2001 imports to the Union of AN produced by companies from which undertakings would be accepted by the Commission. By Commission Regu- lation (EC) No 1001/2004 (), as last amended by Commission Regulation (EC) No 1996/2004 (°), under- takings were accepted for a period until 20 May 2005. The purpose of these undertakings was to take account of certain consequences of the enlargement of the European Union to 25 Member States. (3) By Regulation (EC) No 945/2005 ('), following an interim review limited in scope to the definition of the product concerned, the Council decided that the defi- () O] L 343, 22.12.2009, p. 51. () O] L 56, 6.3.1996, p. 1. () O] L 23, 25.1.2001, p. 1. (% O] L 182, 19.5.2004, p. 28. () O] L 183, 20.5.2004, p. 13. () O] L 344, 20.11.2004, p. 24. () O] L 160, 23.6.2005, p. 1. nition of the product concerned should be clarified and that the measures in force should apply to the product concerned when incorporated into other fertilizers, in proportion to their content of ammonium nitrate, together with other marginal substances and nutrients. By Regulation (EC) No 442/2007 (%), following an expiry review, the Council decided to prolong the existing measures, as clarified by Regulation (EC) No 945/2005, for a period of two years. By Regulation (EC) No 661/2008 (°), following an expiry review, the Council imposed definitive anti-dumping measures on imports of AN originating in Russia. By Regulation (EC) No 662/2008 (%), the Council amended Regulation (EC) No 442/2007 by accepting a price undertaking offered by one exporting producer. 2. Request for a review On 22 January 2009, a request for an expiry review pursuant to Article 11(2) of the basic Regulation was lodged following the publication of a notice of impending expiry on 17 October 2008 (!'). This request was lodged by the European Fertilizer Manu- facturers Association (EFMA) (the applicant) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Union production of AN. The applicant alleged and provided sufficient prima facie evidence that there is a likelihood of recurrence of dumping and injury to the Union industry with regard to imports of AN originating in Ukraine (‘the country concerned’). Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 23 April 2009, by a notice of initiation published in the Official Journal of the European Union ('2), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation. 106, 24.4.2007, p. 1. 185, 12.7.2008, p. 1. 185, 12.7.2008, p. 35. 264, 17.10.2008, p. 16. 94, 23.4.2009, p. 15. AR