Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1601/2001 imposing a definitive anti-dumping duty and definitively collecting the provisional anti-dumping duty imposed on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 5 May 2000, an anti-dumping proceeding was initiated by the Commission which led to the imposition of a definitive anti-dumping duty on certain iron or steel ropes and cables originating, inter alia, in Turkey by Council Regulation (EC) No 1601/2001. [1]

[1] OJ L 211, 4.8.2001, p.1.

Exemptions to the duty were granted, however, inter alia for imports produced and sold for export to the Community by one Turkish exporter from which the Commission accepted an undertaking (cf Commission Regulation No 230/2001 [2]). This company is listed in the aforementioned Regulation.

[2] OJ L 34, 3.2.2001, p.4.

The Turkish company advised the Commission that they wished to withdraw the undertaking.

The purpose of the present proposal is therefore to propose to the Council to amend Regulation (EC) 1601/2001 with a view to imposing forthwith a definitive anti-dumping duty on imports from the company concerned. In parallel, acceptance of the relevant undertaking will be withdrawn and Commission Regulation No 230/2001 amended accordingly.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1601/2001 imposing a definitive anti-dumping duty and definitively collecting the provisional anti-dumping duty imposed on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey

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 [3], and in particular Article 8 thereof,

[3] OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1) On 5 May 2000, an anti-dumping proceeding was initiated by the Commission [4] on imports of certain iron or steel ropes and cables ("the product concerned") originating, inter alia, in Turkey.

[4] OJ C 127, 5.5.2000 p. 12.

(2) This proceeding resulted in an anti-dumping duty being imposed by Council Regulation (EC) No 1601/2001 [5] in August 2001 in order to eliminate the injurious effects of dumping.

[5] OJ L 211, 4.8.2001, p. 1.

(3) Provisional measures were imposed by Commission Regulation (EC) No 230/2001 [6]. In parallel, the Commission accepted, inter alia, a price undertaking from the Turkish exporting producer Celik Halat ve Tel Sanayii A.S. by Article 2(1). Imports of products produced and directly exported by that company were exempted from the anti-dumping duty by Article 2(2).

[6] OJ L 34, 3.2.2001, p. 4.

B. VOLUNTARY WITHDRAWAL OF THE JOINT UNDERTAKING

(4) Celik Halat ve Tel Sanayii A.S advised the Commission that they wished to withdraw this undertaking. Accordingly, by Commission Regulation (EC) No. xxx/2002, the name of this company has been deleted from the list of companies from which undertakings are accepted in Article 2 (1) of Commission Regulation No 230/2001.

C. AMENDMENT OF REGULATION (EC) No 1601/2001

(5) In view of the above and pursuant to Article 8(9) of Council Regulation (EC) No 384/96, Article 2(1) of Regulation (EC) No 1601/2001 should be amended accordingly, and goods manufactured by Celik Halat ve Tel Sanayii A.S should be subject to the appropriate rate of anti-dumping duty for that company as set in Article 1(3) of Regulation (EC) No 1601/2001 (31,0%).

HAS ADOPTED THIS REGULATION:

Article 1

The table in Article 2(1) of Council Regulation (EC) No 1601/2001 is replaced by the following table:

>TABLE POSITION>

Article 2

This Regulation shall enter into force on the day following that 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.

Done at Brussels,

For the Council

The President