Notice of initiation of an anti-dumping proceeding concerning imports of certain iron or steel ropes and cables originating in the Czech Republic, the Republic of Korea, Malaysia, Russia, Thailand and Turkey
Date: 2000-05-05
Institutions: European Commission
Subjects: anti-dumping legislation, import, iron, non-flat product, steel, third country

C 127/12

EN

Official Journal of the European Communities

5.5.2000

Notice of initiation of an anti-dumping proceeding concerning imports of certain iron or steel
ropes and cables originating in the Czech Republic, the Republic of Korea, Malaysia, Russia,
Thailand and Turkey

(2000/C 127/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96, as last amended by
Council Regulation (EC) No 905/98 (hereinafter referred to as
(cid:145)the Basic Regulation(cid:146)), alleging that imports of certain steel
ropes and cables, originating in the Czech Republic,
the
Republic of Korea, Malaysia, Russia, Thailand and Turkey, are
being dumped and are thereby causing material injury to the
Community industry.

1. Complaint

The complaint was lodged on 23 March 2000 by the Liaison
Committee of European Union Wire Rope Industries (EWRIS)
(hereinafter referred to as (cid:145)the complainant(cid:146)) on behalf of
producers representing a major proportion,
i.e. more than
76 % of the total Community production of the steel ropes
and cables subject of the complaint.

2. Product

The product allegedly being dumped is ropes and cables,
including locked coil ropes, of iron or steel but not stainless
steel, with a maximum cross-sectional dimension exceeding
3 mm, with attached fittings or not (hereinafter referred to as
(cid:145)the product concerned(cid:146)). The product concerned is currently
classifiable within CN codes
7312 10 84,
7312 10 86, 7312 10 88 and 7312 10 99. These CN codes are
only given for information.

7312 10 82,

3. Allegation of dumping

The allegation of dumping in respect of the Czech Republic
and the Republic of Korea is based on a comparison of normal
value, estabished on the basis of domestic prices, with the
export prices of the product concerned to the Community.

The allegation of dumping for Malaysia, Thailand and Turkey is
based,
in the absence of evidence on domestic sales, on a
comparison of a constructed normal value with the export
prices of the product concerned to the Community.

the fact

In view of
that normal value for Russia, will be
determined on the basis of the rules set out in Article 2(7)
of the Basic Regulation, the complainant has proposed that
normal value be established on the basis of the price in a
market economy third country, the Czech Republic.

The allegation of dumping is based on a comparison of normal
values, as set out above, with the export prices of the product
concerned when sold for export to the Community.

4. Allegation of injury

The complainant has provided evidence that imports of the
product
concerned from the Czech Republic, Malaysia,
the Republic of Korea, Thailand and Turkey have
Russia,
increased overall
in absolute terms and in terms of market
share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share and the quantities sold
by the Community producers, resulting in substantial adverse
effects on the overall performance, the financial situation and
the employment situation ot the Community industry.

5. Procedure for the determination of dumping and injury

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

In view of the apparent size and complexity of this proceeding,
the Commission may apply sampling techniques, in accordance
with Article 17 of the Basic Regulation.

(a) Sampling for investigation of injury

In view of
the large number of Community producers
supporting the complaint and in accordance with Article 17
of the Basic Regulation, the Commission intends to investigate
injury to the Community industry by applying sampling.

In order to obtain the information necessary for the selection
of
the sample of Community producers, all Community
producers supporting the complaint are hereby requested to
provide the following information within 15 days of publi-
cation of the present notice:

(cid:151) name, address, e-mail address, telephone, fax and/or telex
numbers, contact person and the precise activity of the
company with regard to the production of the product
concerned,

(cid:151) the total turnover of the company during 1999,

(cid:151) the turnover and amount

in kilograms of

the product

concerned sold in the Community during 1999,

(cid:151) the amount in kilograms of the production of the product

concerned during 1999,

On this basis, the dumping margins calculated are singnificant
for all exporting countries concerned.

(cid:151) any other information that would assist the Commission in

the selection of the sample,

5.5.2000

EN

Official Journal of the European Communities

C 127/13

(cid:151) an indication of whether the companies agree to their
inclusion in the sample which involves replying to a ques-
tionnaire and accepting an on-the-spot investigation at their
premises.

(b) Sampling for investigation of dumping in respect of the Republic

of Korea

In order to enable the Commission to decide whether sampling
is necessary in respect of
the exporting producers in the
Republic of Korea and, if so, to select a sample, all exporting
producers in the Republic of Korea, or representatives acting
on their behalf, are hereby requested to make themselves
known by contacting the Commission and by providing the
following information on their company or companies within
15 days of publication of the present notice:

(cid:151) name, address, e-mail address, telephone, fax and/or telex
numbers, contact person, and the precise activities of the
company with regard to the production of the product
concerned,

(cid:151) the turnover in local currency and the amount in kilograms
the

concerned sold for

export

tot

the products

of
Community during 1999,

(cid:151) the names

activities of

and the precise

related
companies, whether directly or
indirectly related (i.e.
companies with which they have an association or a
involved in the production
compensatory arrangement),
and/or
the product
concerned.

sale (export and/or domestic) of

all

(cid:151) the turnover in local currency and the sales volume in
the product concerned on the domestic

kilograms for
market during 1999,

(cid:151) any other

relevant

information that would assist

the

Commission in the selection of the sample,

(cid:151) an indication of whether the companies agree to their
inclusion in the sample which involves replying to a ques-
tionnaire and accepting an on-the-spot investigation at their
premises.

the

In order to obtain the information it deems necessary for the
the
selection of
of
the
Commission will
exporting
known
association of exporters.

exporting producers,
the authorities of

in addition contact

exporters

country,

sample

known

and

any

(c) Sampling in respect of importers

The Commission may also decide to select a sample of
importers. To that effect, all importers concerned are hereby
requested to make themselves known by contacting the
Commission within 15 days of the date of publication of the
present notice.

(d) Final selection of samples

Any other party concerned which wishes to submit any
relevant information regarding the selection of the sample is
also requested to make itself known by contacting the
Commission and to submit the information within 15 days
of the date of publication of the present notice.

The Commission intends to make the final selection of the
samples after having consulted the parties concerned that
have expressed their willingness to be included in the samples.

Companies included in the samples must reply to a ques-
tionnaire and cooperate within the framework of the verifi-
cation visit.

If sufficient cooperation is not forthcoming, the Commission
will base its findings, in accordance with Articles 17(4) and 18
of the Basic Regulation, on the facts available.

(e) Questionnaires

the Commission will

In order to obtain the information it deems necessary for its
send questionnaires
investigation,
to
importers and any association of
importers named in the
complaint, to exporting producers, exporting traders and any
association of exporting producers and exporting traders in the
Czech Republic, Malaysia, Russia, Thailand and Turkey named
in the complaint; and to the authorities of all countries
concerned.

the Commission forthwith in order

All exporting producers in the Czech Republic, Malaysia,
Russia, Thailand and Turkey and importers are invited to
contact
to find out
whether or not they are listed in the complaint. In the latter
case, they should as soon as possible, but not later than 15
days after publication of this notice in the Official Journal of the
European Communities, request a copy of the questionnaire, as all
questionnaires
the
Commission within the time limit set in paragraph 7(a) of
this notice.

completed

reach

have

and

be

to

to the sampled Community
Questionnaires will be sent
producers
sampled
exporting producers in the Republic of Korea once the final
selection of the samples has been made.

supporting

complaint

and

the

the

for an individual

Exporting producers in the Republic of Korea which submit a
treatment, with a view to the
request
application of Articles 17(3) and 9(6) of the Basic Regulation,
have to submit a request for aquestionnaire within the afore-
mentioned period of 15 days, since for these questionnaire
replies the time limit of paragraph 7(a) of this notice applies
as well. However, such parties should be aware that if sampling
is applied to exporting producers the Commission may decide
not to grant them an individual treatment if it would be unduly
burdensome and would prevent the timely completion of the
investigation.

Any request for questionnaires must be made in writing to the
address mentioned below and should indicate the name,
address, e-mail address,
telex
numbers of the interested party.

telephone, and fax, and/or

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Official Journal of the European Communities

5.5.2000

(f) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known in writing and to provide supporting evidence. This
information has to reach the Commission in hard copy form
within the time limit set in paragraph 7(a) of this notice.

heard by the Commission within the same time limit. This time
including parties not
limit applies to all
interested parties,
named in the complaint, and it
is consequently in the
interest of these parties to contact the Commission without
delay.

the Commission may hear

Furthermore,
interested parties,
provided that they make a request in writing and show that
there are particular reasons why they should be heard.

(g) Selection of the market economy third country

In accordance with Article 2(7)(a) of the Basic Regulation, it is
envisaged to choose the Czech Republic or Brazil as an appro-
priate market economy third country for the purpose of estab-
lishing normal value in respect of Russia. Interested parties are
this
hereby invited to comment on the appropriateness of
choice within the specific time limit set in paragrah 7(c) of
this notice.

(h) Market economy status

i.e.

For those exporting producers in Russia which claim and
they operate under market
provide sufficient evidence that
economy conditions,
the criteria laid
they meet
down in Article 2(7)(c) of the Basic Regulation, normal value
will be determined in accordance with Article 2(7)(b) of the
Basic Regulation. The Commission will send claim forms to all
known exporting producers in Russia and to the Russian auth-
orities.

that

6. Community interest

that

industry,

substantiated,
in
be

In accordance with Article 21 of the Basic Regulation and in
order that a decision may be reached as to whether,
in the
the allegations of dumping and injury caused
event
the adoption of anti-dumping
thereby are
interest,
measures would
the
the Community
representative
importers,
Community
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may within the general
in
paragraph 7(a) of this notice, make themselves known and
provide the Commission with information. It should be noted
that any information submitted pursuant to this Article will
only be taken into account if supported by factual evidence
at the time of submission.

link between their

they prove that

activity

limits

their

time

set

(b) Specific time limit in respect of sampling

All information relevant for the selection of the samples should
be submitted to the Commission within 15 days of the date of
publication of this notice, given that the Commission intends
to consult parties concerned that have expressed their will-
ingness to be included therein on the final selection of the
samples wihin a period of 21 days of the publication of this
notice.

(c) Specific time limit for the selection of the market economy third

country

Parties to the investigation wishing to commet on the appro-
priateness of the Czech Republic or Brazil which, as mentioned
in paragraph 5(f) of this notice, are envisaged as a market
economy third country for
the purpose of establishing
normal value in respect of Russia, shall file their comments
within 10 days of the date of publication of this notice.

(d) Specific time limit for submission of claims for market economy

status

for market economy status, as
Duly substantiated claims
mentioned in paragraph 5(g) of this notice, must reach the
Commission within 21 days of the date of publication of this
notice in the Official Journal of the European Communities.

(e) Commission address for correspondence:

European Commission
Trade Directorate-General
Directorates C and E
DM 24 (cid:151) 8/37
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877

8. Non-cooperation

7. Time limits

(a) General time limit

Interested parties, if their representations are to be taken into
account during the investigation, must make themselves known
to the Commission, present their views in writing and submit
information, unless otherwise specified, within 40 days of the
date of publication of this notice in the Official Journal of the
European Communities. Interested parties may also apply to be

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made, in accordance
with Article 18 of the Basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.