23.6.2005 Official Journal of the European Union L 160/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 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 (') (‘the basic Regulation’), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1) By Regulation (EC) No 2022/95 (?), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Pursuant to a further inves- tigation, which established that the duty was being absorbed, the measures were amended by Regulation (EC) No 663/98 (*). Following a request for an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council imposed by Regulation (EC) No 658/2002 (¥} a definitive anti- dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. (2) By Regulation (EC) No 132/2001 (}), the Council imposed a definitive anti-dumping duty of EUR 33,25 (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). () O] L 198, 23.8.1995, p. 1. () OJ L 93, 26.3.1998, p. 1. (% OJ L 102, 18.4.2002, p. 1. Regulation as amended by Regulation (EQ) No 993/2004 (O] L 182, 19.5.2004, p. 28). (*) OJ L 23, 25.1.2001, p. 1. Regulation as amended by Regulation (EC) No 993/2004. per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and origi- nating in, inter alia, Ukraine. Regulation (EC) No 658/2002 and Regulation (EC) No 132/2001 are referred to hereinafter as ‘the original Regulations’ and the anti-dumping duties established in those Regulations are referred to as ‘the existing measures’. 2. Request for review On 15 March 2004, the Commission received a request pursuant to Article 11(3) of the basic Regulation to examine the scope of existing measures with a view to including new product types. The request was lodged by the European Fertiliser Manu- facturers Association (EFMA’) on behalf of producers representing a major proportion of the Community production of ammonium nitrate. The request referred to new product types defined as ammonium nitrate fertilisers with a nitrogen (N) content exceeding 28 % and up to 33 % by weight, to which up to and including 5 % of P,Os equivalent (phos- phorus nutrient, ‘P) andfor up to and including 5 % of K,O equivalent (potassium nutrient, ‘K') were added, blended, mixed or processed. These products are referred to hereafter as ‘new product types mentioned in the request’. It was argued that the new product types mentioned in the request had essentially the same basic physical and chemical characteristics as the product concerned and were sold through the same channel of sales to the same end-users for the same purposes. In addition, the request mentioned that the new product types were clas- sified, when imported into the Community, under the following CN  codes: 31051000, 310520 10, 31052090, 3105 51 00, 3105 59 00 and 3105 90 91.