
Article 1 

1. A definitive anti-dumping duty is hereby imposed on imports of potassium chloride falling within CN codes 3104 20 10, 3104 20 50, 3104 20 90 and on special mixtures falling within CN codes ex 3105 20 10, ex 3105 20 90, ex 3105 60 90, ex 3105 90 91, ex 3105 90 99 originating in Belarus, Russia and Ukraine.
2. For the purpose of paragraph 1 of this Article potassium chloride will be either potassium chloride not containing any additional fertilising elements or potassium chloride containing additional fertilising elements in special mixtures. For the purpose of the application of the anti-dumping duty, special mixture is defined as a blend of two or more fertilising elements. Such a mixture is subject to an anti-dumping duty if the K2O content of the mixture or blend is equal to or exceeds 35 %, up to a content of 62 %, by weight, of the dry anhydrous product. Such product will fall under ‘other than standard’ grade.
3. The amount of duty shall be equal to the fixed amount in euro per tonne of KCl shown below per category and grade (standard potash is to be understood as potash in powder form):Potassium chloride not containing any additional fertilising elements:
Category: With a potassium content evaluated as K2O, by weight, not exceeding 40 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 40 % but not exceeding 62 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 62 % on the dry anhydrous product
Grade Standard Other than standard(including granular) Standard Other than standard(including granular) 
TARIC code 3104 20 10 10 3104 20 10 90 3104 20 50 10 3104 20 50 90 3104 20 90 00
Fixed amount(EUR/tonne) 19,51 30,84 29,51 46,65 48,19Potassium chloride containing additional fertilising elements in special mixtures:
 With a potassium content evaluated as K2O, by weight, equal to or exceeding 35 % but not exceeding 40 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 40 % but equal to or not exceeding 62 % on the dry anhydrous product
TARIC Code 3105 20 10 10, 3105 20 90 10, 3105 60 90 10, 3105 90 91 10, 3105 90 99 10 3105 20 10 20, 3105 20 90 20, 3105 60 90 20, 3105 90 91 20, 3105 90 99 20
Fixed amount(EUR/tonne) 30,84 46,65Potassium chloride not containing any additional fertilising elements:
Category: With a potassium content evaluated as K2O, by weight, not exceeding 40 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 40 % but not exceeding 62 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 62 % on the dry anhydrous product
Grade Standard Other than standard(including granular) Standard Other than standard(including granular) 
TARIC code 3104 20 10 10 3104 20 10 90 3104 20 50 10 3104 20 50 90 3104 20 90 00
Fixed amount(EUR/tonne) 19,61 26,01 29,65 39,33 40,63Potassium chloride containing additional fertilising elements in special mixtures:
 With a potassium content evaluated as K2O, by weight, equal to or exceeding 35 % but not exceeding 40 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 40 % but equal to or not exceeding 62 % on the dry anhydrous product
TARIC Code 3105 20 10 10, 3105 20 90 10, 3105 60 90 10, 3105 90 91 10, 3105 90 99 10 3105 20 10 20, 3105 20 90 20, 3105 60 90 20, 3105 90 91 20, 3105 90 99 20
Fixed amount(EUR/tonne) 26,01 39,33Potassium chloride not containing any additional fertilising elements:
Category: With a potassium content evaluated as K2O, by weight, not exceeding 40 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 40 % but not exceeding 62 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 62 % on the dry anhydrous product
Grade Standard Other than standard(including granular) Standard Other than standard(including granular) 
TARIC code 3104 20 10 10 3104 20 10 90 3104 20 50 10 3104 20 50 90 3104 20 90 00
Fixed amount(EUR/tonne) 19,61 30,84 29,65 46,65 48,19Potassium chloride containing additional fertilising elements in special mixtures:
 With a potassium content evaluated as K2O, by weight, equal to or exceeding 35 % but not exceeding 40 % on the dry anhydrous product With a potassium content evaluated as K2O, by weight, exceeding 40 % but equal to or not exceeding 62 % on the dry anhydrous product
TARIC Code 3105 20 10 10, 3105 20 90 10, 3105 60 90 10, 3105 90 91 10, 3105 90 99 10 3105 20 10 20, 3105 20 90 20, 3105 60 90 20, 3105 90 91 20, 3105 90 99 20
Fixed amount(EUR/tonne) 30,84 46,65
4. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the amount of anti-dumping duty, calculated on the basis of the fixed amounts set out above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
5. The provisions in force with regard to customs duties shall apply.
Article 1 a 

1. Imports declared for release into free circulation shall be exempt from the anti-dumping duties imposed by Article 1, provided that they are produced by companies from which undertakings are accepted by the Commission and whose names are listed in the relevant Commission Regulation, as from time to time amended, and have been imported in conformity with the provisions of the same Commission Regulation.
2. The imports mentioned in paragraph 1 shall be exempt from the anti-dumping duty on condition that:
(a) the goods declared and presented to customs correspond precisely to the product described in Article 1;
(b) a commercial invoice containing at least the elements listed in the Annex is presented to Member States’ customs authorities upon presentation of the declaration for release into free circulation; and
(c) the goods declared and presented to customs correspond precisely to the description on the commercial invoice.
Article 2 
The amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EEC) No 1031/92 shall be definitively collected up to the levels resulting from the application of the definitive duties imposed in Article 1 (1).
The balance of the security collected shall be released.
Article 3 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX

The following elements shall be indicated on the commercial invoice accompanying the company’s sales of potassium chloride to the Community which are subject to any Undertaking:

1.. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.
2.. The name of the company mentioned in Article 1 of Commission Regulation [INSERT NUMBER] issuing the commercial invoice.
3.. The commercial invoice number.
4.. The date of issue of the commercial invoice.
5.. The TARIC additional code under which the goods on the invoice are to be customs cleared at the Community frontier.
6.. The exact description of the goods, including:

— Product Code Number (PCN) used for the purposes of the investigation and the undertaking (e.g. PCN I, PCN 2, etc.),
— plain language description of the goods corresponding to the PCN concerned,
— company product code number (CPC) (if applicable),
— CN code,
— quantity (to be given in tonnes).
7.. The description of the terms of the sale, including:

— price per tonne,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.
8.. Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.
9.. The name of the official of the company that has issued the invoice and the following signed declaration:
'I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by [company], and accepted by the European Commission through Regulation [INSERT NUMBER] I declare that the information provided in this invoice is complete and correct.'
