Dumping - Imports of ammonium nitrate originating in Russia and Ukraine - Amendment of the definition of the product concerned - Application of existing measures to new product types.

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – JSC Kirovo-Chepetsky Khimichesky Kombinat v Council (Case T-348/05) Dumping − Imports of ammonium nitrate originating in Russia and Ukraine − Amendment of the definition of the product concerned − Application of existing measures to new product types Common commercial policy – Protection against dumping – Review procedure – Modification of the definition of the product concerned by existing measures – Incorporation of the product concerned into new products – Applicability of existing measures to the new products – None – Need to open a new investigation (Council Regulation No 384/96, Arts 1, 5, 11(3) and 13) (see paras 61-64, 66, 68-70) Re: ACTION for annulment of 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 (OJ 2005 L 160, p. 1). Operative part The Court: 1. Annuls 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; 2. Orders the Council to bear its own costs and those incurred by JSC Kirovo‑Chepetsky Khimichesky Kombinat; 3. Orders the Commission to bear its own costs.