1999/483/EC: Commission Decision of 15 July 1999 terminating the anti-dumping proceeding concerning stainless steel wires with a diameter of less than 1 mm originating in the Republic of Korea. (notified under document number C(1999) 1876)
Date: 1999-07-15
Institutions: European Commission
Subjects: South Korea, anti-dumping legislation, import, originating product, steel, wire

L 189/50

EN

Official Journal of the European Communities

22. 7. 1999

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 15 July 1999

terminating the anti-dumping proceeding concerning stainless steel wires with a diameter of less
than 1 mm originating in the Republic of Korea.

(notified under document number C(1999) 1876)

(1999/483/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 (1), as last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 9(3) thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PROVISIONAL MEASURES

The Commission by Regulation (EC) No 616/1999 (3)
imposed a provisional anti-dumping duty on imports of
stainless steel wires with a diameter of less than 1 mm
(hereinafter referred to as ‘fine SSW’), originating in the
Republic of Korea (hereinafter referred to as ‘Korea’), and
falling within CN code ex 7223 00 19.

B. SUBSEQUENT PROCEDURE

Subsequent to the disclosure of the essential facts and
considerations on the basis of which it was decided to
impose provisional measures on imports of fine SSW
originating in Korea (hereinafter referred to as ‘the
disclosure’),
submitted
interested
comments in writing. The parties who so requested were
also granted an opportunity to be heard orally.

several

parties

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 79, 24.3.1999, p. 1.

(3)

(4)

(5)

(6)

(7)

The Commission continued to seek and verify all infor-
mation it deemed necessary for its definitive findings.

All parties were informed of
facts and
considerations on the basis of which it is intended to
terminate this proceeding. They were also granted a
period within which they could make representations
subsequent to this disclosure.

the essential

The oral and written comments submitted by the parties
were considered, and, where deemed appropriate, the
findings have been modified accordingly.
provisional

C. PRODUCT CONCERNED AND LIKE PRODUCT

The product concerned is fine SSW, containing by
weight 2.5 % or more of nickel, other than containing
by weight 28 % or more but no more than 31 % of
nickel and 20 % or more but not more than 22 % of
chromium.

It was found at the provisional stage of the investigation
that there were differences in physical characteristics and
uses between SSW covered by this investigation, namely
having a diameter of less than l mm (fine wire), and
SSW with a diameter of 1 mm or more (large wire). For
these reasons, it also appeared that there was no, or very
interchangeability between the applications of
limited,
large and fine wire. However, it was also stated in Regu-
lation (EC) No 616/1999 that the question as to whether
a clear dividing line could be drawn between these two
products was going to be further investigated up to the
definitive stage.

22. 7. 1999

EN

Official Journal of the European Communities

L 189/51

(8)

(9)

(10)

(11)

On the basis of the further information collected from
interested parties, it is concluded that large wire and fuse
wire are two different products, as they present different
physical
characteristics and are used for different
applications. First, as to the physical characteristics, the
tensile strength, granular structure and coating of SSW
are different for Iarge and for fine wires. Secondly, as
regards the various applications of the two products, it
has been found that large wire is used for heavier-duty
engineering applications such as fasteners, wall rein-
forcement products, welding wires, ete. By contrast, fine
wire is as a rule used for precision applications such as
screens and filters (woven wire cloth) with small open-
ings for filtering very fine or small particles (for example
dust filters and chemical filters), medical/surgical applica-
tions, and so on.

On the basis of the above it is concluded that fine and
large wires are two different products which have
different characteristics and applications and that they
are not interchangeable from the point of view of SSW
users.

In view of the above and since no arguments were put
forward by any of the parties concerned with regard to
the Commission's provisional findings on the product
concerned and the observations made on the like
product, the facts and findings as set out in recitals 7 to
12 of Regulation (EC) No 616/1999, are hereby
confirmed.

D. DUMPING

1. Normal value

Following the comments of an exporting producer
received after disclosure, it was found that some cost
items used in determining the constructed normal value
should be allocated in a different way. On the basis of
this
for
these
exporting producer were recalculated accordingly.

revised allocations, normal

values

(12)

The other findings set out in recital 13 of Regulation
(EC) No 616/1999 are hereby confirmed.

2. Export price

(13) One exporting producer pointed out an error in the
reply to the questionnaire, where certain export transac-
tions of large wire had been incorrectly reported as sales
of fine wire. In view of the nature of the information
submitted,
as
requested, disregarded in the determination of the export
price.

concerned were,

transactions

the

(15)

(16)

3. Comparison

In the absence of any new arguments concerning the
adjustments made in order to allow for a fair compar-
ison, the provisional findings set out in recitals 17, 18
and 19 of Regulation (EC) No 616/1999 are hereby
confirmed.

4. Dumping margins

exporting producers

In the absence of any new arguments concerning the
determination of the dumping margin, the methodology
set out in recital 20 of Regulation {EC) No 616/1999 is
hereby confirmed. On this basis, the comparison of the
normal values with export prices showed the existence
of a limited amount of dumping in respect of some of
the
the
weighted average countrywide dumping margin for all
the exporting producers investigated which represent the
totality of exports of
fine SSW to the Community
originating in Korea expressed as a percentage of the cif
price at. Community frontier level is de minimis, namely
under 2 %. Under these circumstances,
the dumping
margin for Korea has to be considered negligible in
accordance with Article 9(3) of Regulation (EC) No 384/
96.

concerned. However,

E. PROPOSED COURSE OF ACTION

(17)

In the light of the above, findings that the countrywide
weighted average dumping margin for imports origin-
ating in Korea is de minimis, this proceeding should be
terminated in accordance with Article 9(3) of Regulation
(EC) No 384/96.

(18) Any amounts secured by way of provisional anti-
to Regulation (EC) No

dumping duties pursuant
616/1999 should be released,

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of
1.
stainless steel wire with a diameter of
less than 1 mm,
containing by weight 2.5 % or more of nickel, excluding wire
containing by weight 28 % or more but no more than 31 % of
nickel and 20 % or more but no more than 22 % of chromium,
falling within CN code
ex 7223 00 19 (TARIC code
7223 00 19 10) and originating in the Republic of Korea, is
hereby terminated.

Any amounts

secured by way of provisional anti-
2.
dumping duties pursuant to Regulation (EC) No 616/1999
shall be released.

Done at Brussels, 15 July 1999.

(14)

In the absence of any other arguments concerning the
determination of the export price, the methodology set
out in recitals 14, 15 and 16 of Regulation (EC) No
616/1999 and all other findings set out in those recitals
are hereby confirmed.

For the Commission

Leon BRITTAN
Vice-President