2001/602/EC: Commission Decision of 26 July 2001 on accepting undertakings offered in connection with the 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 and terminating the proceeding in respect of imports originating in the Republic of Korea and Malaysia (notified under document number C(2001) 2351)
Date: 2001-07-26
Institutions: European Commission
Subjects: Russia, Thailand, anti-dumping legislation, import, metals, non-flat product

4.8.2001

EN

Official Journal of the European Communities

L 211/47

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 26 July 2001

on accepting undertakings offered in connection with the 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 and terminating the proceeding in respect of imports
originating in the Republic of Korea and Malaysia

(notified under document number C(2001) 2351)

(2001/602/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 2238/2000 (2), and in partic-
ular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

By Regulation (EC) No 230/2001 (3), the Commission
imposed a provisional anti-dumping duty on imports of
certain iron or steel ropes and cables (SWR) originating
in the Czech Republic, Russia, Thailand and Turkey and
accepted undertakings offered by certain exporting
producers in the Czech Republic and Turkey.

No provisional measures were imposed on imports from
the Republic of Korea (Korea) and Malaysia since the
dumping margins found in the case of these two coun-
tries were below the 2 % threshold set in Article 9(3) of
Regulation (EC) No 384/96 (‘basic Regulation’).

Following the imposition of provisional anti-dumping
measures, the Commission continued the investigation
of dumping, injury and Community interest. The defin-
itive findings and conclusions of the investigation are set
in Council Regulation (EC) No 1601/2001 (4)
out

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 34, 3.2.2001, p. 4.
(4) See page 1 of this Official Journal.

(4)

(5)

(6)

(7)

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 investigation confirmed the provisional findings of
injurious dumping relating to imports originating in the
Czech Republic, Russia, Thailand and Turkey. It was also
confirmed that the dumping margins for imports origin-
ating in Korea and Malaysia were de minimus.

B. UNDERTAKINGS

Subsequent
to the imposition of provisional anti-
dumping measures, the cooperating exporting producers
in
in Russia and in Thailand offered undertakings
accordance with Article 8(1) of the basic Regulation.

in question have offered to sell

According to these undertakings, the exporting produ-
the product
cers
concerned at or above price levels which eliminate the
injurious effects of dumping.

The Commission considers that the undertakings offered
by the exporting producers concerned can be accepted
since they eliminate the injurious effect of dumping.
Moreover, the companies will also provide the Commis-
sion with regular and detailed information concerning
the
their exports to the Community, meaning that
undertakings can be monitored effectively by the
Commission. Furthermore, the nature of the product,
the structure of the companies and their sales patterns
are such that the risk of them circumventing the agreed
undertakings is limited.

L 211/48

EN

Official Journal of the European Communities

4.8.2001

(8)

To further enable the Commission to effectively monitor
the compliance of the companies with the undertaking,
when the request for release for free circulation pursuant
to the undertakings is presented to the relevant customs
authority, exemption from the duty shall be conditional
on the presentation of a commercial invoice issued by
the exporting producer from whom the undertaking is
accepted and containing at least the elements listed in
the Annex to Council Regulation (EC) No 1601/2001.
This level of information is also necessary to enable
customs authorities to ascertain with sufficient precision
that shipments correspond to the commercial docu-
ments. Where no such invoice is presented or when it
does not correspond to the product presented to
customs, the appropriate rate of anti-dumping duty will
instead be payable.

(10)

The Advisory Committee was consulted and no objec-
tions were raised as to the acceptance of the undertak-
ings offered.

C. TERMINATION OF THE PROCEEDING

(11)

In view of the results of the investigation concerning
Korea and Malaysia, and considering that the dumping
margins found were de minimis, the proceeding should
be terminated without the imposition of anti-dumping
measures in respect of imports of the product concerned
originating in Korea and Malaysia,

HAS ADOPTED THIS DECISION:

Article 1

(9)

In the event of a suspected breach, breach or withdrawal
the undertakings, an anti-dumping duty may be
of
imposed pursuant to Article 8(9) and (10) of the basic
Regulation.

The undertakings offered by the companies mentioned below,
in the framework of the 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 are hereby accepted.

Country

Company

TARIC additional code

Russia

Thailand

Open Joint Stock Company Cherepovetsky
Staleprokatny Zavod, Russia, 162200,
Cherepovets, Vologda Region, ul. 50-letia Oktiabria, 1/33

Usha Siam Steel Ind. Public Company Ltd.
888/116 Mahatun Plaza Building, Ploenchit Road,
Bangkok 10330, Thailand

A217

A218

The proceeding concerning imports of certain iron or steel ropes and cables originating in the Republic of
Korea and Malaysia is hereby terminated.

Article 2

This Decision shall enter into force on the day following its publication in the Official Journal of the European
Communities.

Article 3

Done at Brussels, 26 July 2001.

For the Commission

Pascal LAMY

Member of the Commission