L112/4 Official Journal of the European Communities 11.5.2000 COUNCIL REGULATION (EC) No 969/2000 of 8 May 2000 imposing a definitive anti-dumping duty on imports of potassium chloride originating in Belarus, Russia and Ukraine 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 Articles 9 and 11 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. PREVIOUS INVESTIGATIONS (1) By Regulation (EEC) No 3068/92 (%), the Council imposed definitive anti-dumping duties on imports of potassium chloride (hereinafter referred to as ‘potash’ or the ‘product concerned’) originating in Belarus, Russia and Ukraine (hereinafter referred to as the ‘countries concerned’). The duties were equal to the difference between a set minimum price and the net, free-at- Community-frontier prices before customs clearance. (2) By Regulation (EC) No 643/94 (%), the Council amended the abovementioned duties. Combined measures in the form of a fixed amount per tonne of potash or the difference between a set minimum price and the net, free-at-Community-frontier price per tonne before customs clearance, whichever was higher, were imposed. This type of measure was found to be warranted because circumvention of the original duties had been taking place. It should also be mentioned that the review carried out in 1994 covered both dumping and injury, as well as Community interest. (3) By Regulation (EC) No 449/98 (¥, the Council again amended the abovementioned measures. This review was initiated following a request by the International Potash Company (IPC), an exporter of Russian and Belarusian potash, who claimed, among other issues, that the accession of Austria, Finland and Sweden had resulted in a change in the circumstances on the basis of which the measures in force had been established. The form of the combined measures was maintained but the level of the measures was adapted in accordance with the findings of that investigation. It should also be mentioned that the review concluded in 1998 was (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ] (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). 0] L 308, 24.10.1992, p. 41. () O] L 80, 24.3.1994, p. 1. (% O] L 58, 27.2.1998, p. 15. limited to the examination of dumping and Community interest. 2. PRESENT INVESTIGATION (4)  Following the publication of a notice of impending expiry of the anti-dumping measures in force on imports of potash originating in the countries concerned (%), the Commission received a request to review these measures pursuant to Article 11(2) of Regulation (EC) No 384/96, hereinafter referred to as the ‘basic Regulation’. (5)  The request was lodged on 23 December 1998 by the European Association of Potash Producers (hereinafter the ‘applicant) on behalf of producers, whose collective output of potash constitutes about 99 % of the Community production of this product, ie. a major proportion of the total Community production pursuant to Articles 4(1) and 5(4) of the basic Regulation. (6)  The request was based on the grounds that the expiry of the measures would result in the continuation or recur- rence of dumping and injury. Indeed, the applicant alleged that potash from the countries concerned was still being sold at dumped prices for inward processing, a relief regime not subject to anti-dumping measures in the Community. Likewise, the applicant claimed that, in view of the extent of the past dumping and the fact that the relevant exporters were still selling the product concerned at very low prices in countries neighbouring the Community, it was very likely that dumping would recur if the anti-dumping measures were removed. This argument was reinforced by the evidence presented that showed that domestic consumption had fallen drastically in the countries concerned whilst production had increased significantly, leaving the exporters with a surplus product that risked being sold on the Community market at dumped prices. Finally, the appli- cant submitted that the likely recurrence of dumping would lead to price erosion and inevitably cause injury to a Community industry whose profit situation was still somewhat precarious. (7)  In view of the specific form of the anti-dumping duties imposed on imports of potassium chloride from the countries concerned, i.e. a combination of a minimum price and a fixed duty, the Commission also decided, on its own initiative, to initiate an interim review, pursuant to Article 11(3) of the basic Regulation, limited to the form of the measures. () O] C 296, 24.9.1998, p. 3.