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
Date: 2003-06-11
Institutions: European Commission
Subjects: Czechia, Russia, Thailand, Türkiye, anti-dumping duty, anti-dumping legislation, import, metals, non-flat product, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.06.2003
COM(2003) 342 final

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

Exemptions to the duty were granted, however, inter alia, for imports produced and directly
exported  to  the  Community  by  the  Turkish  exporter  Has  Celik  ve  Halat  San  Tic  AS  (Has
Celik) from which the Commission accepted an undertaking (cf Commission Regulation No
230/20012). This company is listed in the aforementioned Regulation.

Following  an  on-spot  verification  visit  it  was  established  that  Has  Celik  had  breached  its
undertaking.

A definitive anti-dumping duty should therefore be imposed on imports of certain iron or steel
ropes and cables manufactured by the company concerned.

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  In  parallel,  acceptance  of  the  relevant  undertaking  will  be  withdrawn  and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

1

2

OJ  L  211,  4.8.2001,  p.1,  as  last  amended  by  Regulation  (EC)  No  2288/2002  (OJ  L  348,  21.12.2002,
p.52).
OJ L 34, 3.2.2001, p.4, as last amended by Regulation (EC) No 2303/2002 (OJ L 348, 21.12.2002, p.
80).

2

                                                
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  Community3,  and  in
particular Article 8 thereof,

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory
Committee4,

Whereas:

A. PREVIOUS PROCEDURE

(1) 

(2) 

(3) 

On  5  May  2000,  an  anti-dumping  proceeding  was  initiated  by  the  Commission5  on
imports of certain iron or steel ropes  and cables  (the product  concerned) originating,
inter alia, in Turkey.

This  proceeding  ultimately  resulted  in  an  anti-dumping  duty  being  imposed  by
Council  Regulation  (EC)  No  1601/20016  of  2  August  2001  in  order  to  eliminate  the
injurious effects of dumping.

Provisional  measures  had  been  imposed  by  Commission  Regulation  (EC)  No
230/20017. In parallel, the Commission accepted a price undertaking from, inter alia,
the Turkish exporting producer Has Celik ve Halat San Tic AS (Has Celik) by Article
2(1) of Commission Regulation (EC) No 230/2001. Imports of the product concerned
produced  and  directly  exported  by  Has  Celik  were  exempted  from  the  anti-dumping
duty by Article 2(2) of the same Regulation.

B. FAILURE TO COMPLY WITH THE UNDERTAKING

(4) 

The undertaking offered by Has Celik only applies to types of the product concerned
which  are  listed  in  an  Annex  to  the  undertaking.  In  order  to  benefit  from  the  duty
exemption  Has  Celik  has  to  issue  a  commercial  invoice  accompanying  sales  made
subject  to  the  undertaking  (commercial  invoice)  as  requested  by  Article  2(2)  of

3

4

5

6

7

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).
OJ C […] […], p. […]
OJ C 127, 5.5.2000 p.12.
OJ  L  211,  4.8.2001,  p.1  as  last  amended  by  Regulation  (EC)  No  2288/2002  (OJ  L  348,  21.12.2002,
p.52).
OJ L 34, 3.2.2001, p.4 as last amended by  Regulation (EC) No 2303/2002 (OJ L 348, 21.12.2002, p.
80).

3

                                                
Regulation (EC) No 230/2001. The commercial invoice has to meet the requirements
of the Annex to the same Regulation. It also stipulates that exports to the Community
of other product types not listed in that Annex are subject to anti-dumping duties. In
addition,  Has  Celik  agreed  not  to  sell  the  types  of  the  product  concerned,  on  a
weighted average semesterly basis, below a Minimum Import Price (MIP) which, for
each product type, is also listed in an Annex to the undertaking.

Following  an  on-spot  verification  visit,  it  was  established  that  Has  Celik  had
committed  two  types  of  breaches  of  the  above  obligations.  First,  it  had  sold  product
types  other  than  those  covered  by  the  undertaking  using  a  commercial  invoice  and
therefore  it  allowed  its  importers  to  avoid  payment  of  the  duty;  second,  it  was
established  that  the  company  had  sold  certain  product  types  covered  by  the
undertaking, on a weighted average semesterly basis, at prices below the relevant MIP.
Commission  Regulation  (EC)  No.  xxx/2003  sets  out  in  detail  the  nature  of  the
breaches found.

Acceptance of  the undertaking has been  withdrawn by  the  Commission by  means of
the  above  Commission  Regulation  and,  therefore,  definitive  anti-dumping  duties
should  be  imposed  forthwith  on  imports  of  the  product  concerned  manufactured  by
Has Celik.

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

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, and goods
manufactured by Has Celik 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  (17,8
%),

(5) 

(6) 

(7) 

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:

Country

Manufacturer

Taric additional code

Czech Republic

Russia

Thailand

ŽDB a.s.
Bezručova 300, 73593 Bohumín
Czech Republic

Open Joint Stock Company
Cherepovetsky
Staleprokanty Zavod, Russia, 162600
Cherepovets, Vologda Region, ul. 50-
letia Oktiabria, 1/33

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

A216

A217

A218

4

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the
Official Journal of the European Union.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council
The President

5