
Article 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 (i.e. potassium chloride containing additional fertilising elements, with a potassium content evaluated as K2O, by weight, equal to or exceeding 35 % but not exceeding 62 % on the dry anhydrous product) falling within CN codes ex 3105 20 10 (TARIC codes 3105 20 10 10 and 3105 20 10 20), ex 3105 20 90 (TARIC codes 3105 20 90 10 and 3105 20 90 20), ex 3105 60 90 (TARIC codes 3105 60 90 10 and 3105 60 90 20), ex 3105 90 91 (TARIC codes 3105 90 91 10 and 3105 90 91 20), ex 3105 90 99 (TARIC codes 3105 90 99 10 and 3105 90 99 20), originating in Belarus and Russia.
Article 2 

1. The rate of the anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the product described in Article 1 and originating in Belarus shall be 27,5 %. It shall be applied under the conditions set out below:
(a) the duty shall be levied on products falling under CN codes 3104 20 50 and 3104 20 90 (TARIC additional code A999) except when
— the net, free-at-Community-frontier price, before duty, of the product is at or above the appropriate minimum import price set out in Annex I,
and
— the total imported quantity of the products specified in Annex I and released into free circulation has not cumulatively reached 700 000 tonnes per calendar year.
The Commission shall establish the modalities for implementing the management system of this quantitative ceiling by Regulation as soon as possible.
(b) The duty shall be levied on products falling under CN codes 3104 20 10, ex 3105 20 10 (TARIC codes 3105 20 10 10 and 3105 20 10 20), ex 3105 20 90 (TARIC codes 3105 20 90 10 and 3105 20 90 20), ex 3105 60 90 (TARIC codes 3105 60 90 10 and 3105 60 90 20), ex 3105 90 91 (TARIC codes 3105 90 91 10 and 3105 90 91 20), ex 3105 90 99 (TARIC codes 3105 90 99 10 and 3105 90 99 20).
2. By derogation to Article 2(1), until the entry into force of the Commission Regulation cited in paragraph 1, the duty shall apply as follows:
(a) the duty shall be levied on products falling under CN codes 3104 20 50 and 3104 20 90 (TARIC additional code A999) except when the net, free-at-Community-frontier price, before duty, of the product is at or above the appropriate minimum import price set out in Annex I;
(b) the duty shall be levied on products falling under CN codes 3104 20 10, ex 3105 20 10 (TARIC codes 3105 20 10 10 and 3105 20 10 20), ex 3105 20 90 (TARIC codes 3105 20 90 10 and 3105 20 90 20), ex 3105 60 90 (TARIC codes 3105 60 90 10 and 3105 60 90 20), ex 3105 90 91 (TARIC codes 3105 90 91 10 and 3105 90 91 20), ex 3105 90 99 (TARIC codes 3105 90 99 10 and 3105 90 99 20).
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 3 

1. The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the product described in Article 1, originating in the Russian Federation and manufactured by the companies listed below, shall be as follows:
Country Company Duty rate TARIC additional code
Russia JSC Silvinit, Solikamsk 23,0 % A665
JSC Uralkali, Berezniki 12,3 % A666
2. The rate of the anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the product described in Article 1, originating in the Russian Federation and manufactured by all other companies than those mentioned in paragraph 1 (TARIC additional code A999) 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):
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 40,63
 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 39,33
3. Notwithstanding Article 1 above, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 4.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 4 

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 Decision 2005/802/EC, as from time to time amended, and have been imported in conformity with the provisions of the same Decision.
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 Annex II 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 5 
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 11 July 2006.
For the Council
The President
E. HEINÄLUOMA
ANNEX I

TARIC code Minimum import price (MIP) in euro per tonne, CIF (Community port), net, free-at-Community frontier, before duty, for goods delivered by maritime transportation via third country sea ports Minimum import price (MIP) in euro per tonne, DAF, net, free-at-Community frontier, before duty, for goods delivered by ground transportation
3104 20 50 10 114.3 (TARIC additional code A747) 102.4 (TARIC additional code A748)
3104 20 50 90 125.8 (TARIC additional code A749) 113.0 (TARIC additional code A750)
3104 20 90 00 124.1 (TARIC additional code A751) 110.3 (TARIC additional code A752)

ANNEX II

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 an undertaking:

1.. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.
2.. The name of the company mentioned in Article 1 of Decision 2005/802/EC 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 1, 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 Decision 2005/802/EC. I declare that the information provided in this invoice is complete and correct.'.
