Council Regulation (EC) No 1268/2003 of 15 July 2003 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: 2003-07-15
Institutions: Council of the European Union
Subjects: Czechia, Russia, Thailand, Türkiye, anti-dumping duty, import, metals, non-flat product, originating product, steel

18.7.2003

EN

Official Journal of the European Union

L 180/23

COUNCIL REGULATION (EC) No 1268/2003

of 15 July 2003

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,

B. FAILURE TO COMPLY WITH THE UNDERTAKING

Having regard to the Treaty establishing the European
Community,

(4)

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), and in
particular Article 8 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

On 5 May 2000,
the Commission initiated an anti-
dumping proceeding (2) on imports of certain iron or
steel ropes and cables (the product concerned) origi-
nating, inter alia, in Turkey.

This proceeding ultimately resulted in an anti-dumping
duty being imposed by Regulation (EC) No 1601/
2001 (3) of 2 August 2001 in order to eliminate the
injurious effects of dumping.

Provisional measures had been imposed by Commission
Regulation (EC) No 230/2001 (4).
the
In parallel,
Commission accepted a price undertaking from,
inter
alia, the Turkish exporting producer Has Celik ve Halat
San Tic AS (Has Celik) pursuant to Article 2(1) of Regu-
the product
lation (EC) No 230/2001.
concerned produced and directly exported by Has Celik
were exempted from the anti-dumping duty by Article
2(2) of that Regulation.

Imports of

(1) 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).

(2) OJ C 127, 5.5.2000, p. 12.
(3) OJ L 211, 4.8.2001, p.1. Regulation as last amended by Regulation

(EC) No 2288/2002 (OJ L 348, 21.12.2002, p. 52).

(4) OJ L 34, 3.2.2001, p. 4. Regulation as last amended by Regulation

(EC) No 2303/2002 (OJ L 348, 21.12.2002, p. 80).

The undertaking offered by Has Celik applies only 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 under-
taking (commercial invoice) as requested by Article 2(2)
of 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 half-yearly basis,
below a minimum import price (MIP) which, for each
product type, is also listed in an Annex to the under-
taking.

Following an on-spot verification visit, it was established
that Has Celik had committed two types of breaches of
it had sold product types
the above obligations. First,
other than those covered by the undertaking using a
commercial invoice and therefore it allowed its impor-
ters to avoid payment of the duty; second, it was estab-
lished that the company had sold certain product types
covered by the undertaking, on a weighted average half-
yearly basis, at prices below the relevant MIP. Commis-
sion Regulation (EC) No 1274/2003 (5) 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
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)

(5) See page 34 of this Official Journal.

L 180/24

EN

Official Journal of the European Union

18.7.2003

HAS ADOPTED THIS REGULATION:

Article 1

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

Country

Manufacturer

TARIC additional code

‘Czech Republic

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

Russia

Thailand

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

Article 2

A216

A217

A218’

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

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

Done at Brussels, 15 July 2003.

For the Council

The President

G. TREMONTI