20. 7. 90 Official Journal of the European Communities No L 188/63 THE COMMISSION OF THE EUROPEAN COMMUNITIES, . COMMISSION DECISION of 13 July 1990 terminating the anti-dumping proceeding concerning imports of . NPK fertilizers originating in- Hungary, Poland, Romania and Yugoslavia (90/383/EEC) Having regard to the Treaty establishing the European Economic 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 Community (!), and in particular Article 9 thereof, After consultation within the Advisory Committee as provided for under Regulation (EEC)-No 2423/88, Whereas : ) @ 3 A. PROCEDURE In 1989 the Commission received a complaint lodged by the EFMA/CMC-Engrais, the common  market committee of the nitrogen and phosphate fertilizer industry on behalf of producers represen- ting about 90 % of Community production concer- ning imports of NPK fertilizers originating in Hungary, Poland, Romania and-Yugoslavia. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official - Journal of the European Communities(?), the initiation of an anti-dumping proceeding concerning imports into the Community of NPK fertilizers falling within CN- codes 31052010 and 31052090, and commenced an investigation. ~ The Commission officially so advised the exporters and importers known to be concerned, the repre- sentatives of the exporting countries and the complainant, and gave the parties directly concerned the opportunity to make known their views in writing and to request a- hearing. Ques- tionnaires were sent to all known exporters and importers concerned. The Commission, for the purposes of -obtaining all the information it deemed necessary, sent question- naires to the companies on whose behalf the complaint was made, in order to allow each company to demonstrate the injury caused to it by () OJ No L 209, 2. 8. 1988, p. 1. () OJ No C S5, 4. 3. 1989, p. 3. 4 © dumped imports of NPK fertilizers from .the alleged countries. The Commission carried out a detailed analysis. of those companies which returned - completed ~ questionnaires and whose combined production represents the Community . - industry. All the exporters as well as the importers known to be concerned made known their views in writing. All -of them requested and were granted hearings. The complainant also requested and was granted a hearing. The Commission verified the information received to the extent it deemed necessary for the purposes of a preliminary determination and :carried out investigations at the premises of the following Community companies whose production of NPK fertilizers represents more than 50 % of the total Community output (the remaining complainant companies either failed.to respond to the Commis- sion’s questionnaire, or comprised individually an extremely small proportion of Community output) : — Superfos Fertilizers A/S, Denmark, — Badische Anilin und' Soda Fabrik, Federal Republic of Germany, — Rubhrstickstoff AG  Federal Germany, Republic  of — Norsk Hydro Azote, France, — Agrimonte, SpA, Italy, — Sociedad Anonima Cros, Skpain,_ — Empresa Nacional de-Fertilizantes, SA, Spain, — Imperial Chemical Industries Ltd, United Kingdom, — Kemira INCE Ltd, United Kingdom,; — Hydro-fertilizers Ltd, United Kingdom. The Commission visited, in the course of the inves- tigation, other Community companies which ‘had returned the questionnaires. Nevertheless, most of the information contained in these questionnaires had to be disregarded because the companies in question failed to provide acceptable evidence during the on-the-spot visits. - The investigation period covered the year 1988 and the first two months of 1989. The trends in the relevant economic factors to determine whether the Community industry is suffering material injury were examined for the years 1985 to 1989 (February).