Commission Regulation (EC) No 1347/2003 of 29 July 2003 initiating an investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1796/1999 on imports of steel ropes and cables originating in the Ukraine by imports of steel ropes and cables consigned from Moldova, whether declared as originating in Moldova or not, and making such imports subject to registration
Date: 2003-07-29
Institutions: European Commission
Subjects: Moldova, Ukraine, anti-dumping measure, import, originating product, steel

30.7.2003

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Official Journal of the European Union

L 190/3

COMMISSION REGULATION (EC) No 1347/2003

of 29 July 2003

initiating an investigation concerning the alleged circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1796/1999 on imports of steel ropes and cables originating
in the Ukraine by imports of steel ropes and cables consigned from Moldova, whether declared as
originating in Moldova or not, and making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The CN codes are given for information only.

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)
(the
‘basic Regulation’), as last amended by Council Regulation (EC)
No 1972/2002 (2), and in particular Article 13(3) and Article
14(3) and (5) thereof,

After having consulted the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST

The Commission has received a request pursuant
to
Article 13(3) of the basic Regulation to investigate the
alleged circumvention of
the anti-dumping measures
imposed on imports of steel ropes and cables originating
in the Ukraine.

The request was lodged on 16 June 2003 by the Liaison
Committee of European Union Wire Rope Industries
(EWRIS) on behalf of producers representing a major
proportion,
the Community
production of steel ropes and cables.

i.e. more than 50 %, of

B. PRODUCT

The product concerned by the allegation of circumven-
tion is steel ropes and cables originating in the Ukraine
(the product concerned) normally declared under CN
codes ex 7312 10 82, ex 7312 10 84, ex 7312 10 86,
ex 7312 10 88 and ex 7312 10 99.

The product under investigation is steel ropes and cables
consigned from Moldova (the product under investiga-
tion), normally declared under the same codes as the
product concerned.

C. EXISTING MEASURES

(6)

The measures currently in force and allegedly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 1796/1999 (3).

D. GROUNDS

(7)

The request contains sufficient prima facie evidence that
the anti-dumping measures in force on imports of steel
ropes and cables originating in the Ukraine are being
circumvented by means of transhipment via Moldova of
steel ropes and cables.

(8)

The evidence submitted is as follows.

The request shows that a significant change in the
pattern of trade involving exports from the Ukraine and
Moldova to the Community has taken place following
the imposition of measures on the product concerned,
and that there is insufficient due cause or justification
other than the imposition of the duty for such a change.
This change in the pattern of trade appears to stem from
the transhipment via Moldova of steel ropes and cables
originating in the Ukraine.

(9)

Furthermore,
the request contains sufficient evidence
that the remedial effects of the existing anti-dumping
measures on the product concerned are being under-
mined both in terms of quantity and price. Significant
volumes of
imports of steel ropes and cables from
Moldova appear to have replaced imports of the product
concerned. In addition, there is sufficient evidence that
this increase in imports is made at prices well below the
non-injurious price established in the investigation that
led to the existing measures.

(10)

Finally, the request contains sufficient evidence that the
prices of steel ropes and cables are dumped in relation
to the normal value previously established for
the
product concerned.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.

(3) OJ L 217, 17.8.1999, p. 1.

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Official Journal of the European Union

30.7.2003

(11)

(12)

(13)

E. PROCEDURE

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
the basic
an investigation pursuant
Regulation and to make imports of steel ropes and
cables consigned from Moldova, whether declared as
originating in Moldova or not, subject to registration, in
accordance with Article 14(5) of the basic Regulation.

to Article 13 of

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send question-
naires to the exporters/producers in the Ukraine and to
the importers in the Community known to the Commis-
sion or which cooperated in the investigation that led to
the existing measures and to the authorities of
the
Ukraine and Moldova. Information, as appropriate, may
also be sought from the Community industry.

In any event, all
interested parties should contact the
Commission forthwith, but not later than the time limit
set in Article 3 in order to find out whether they are
listed in the request and, if necessary, request a question-
naire within the time limit set in Article 3(1) of this
Regulation, given that the time limit set in Article 3(2)
of this Regulation applies to all interested parties.

(14)

The authorities of the Ukraine and Moldova will be noti-
fied of the initiation of the investigation and provided
with a copy of the request.

(b) Collection of information and holding of hearings

(15) All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence. Furthermore, the Commission may hear inter-
ested parties, provided that
in
writing and show that there are particular reasons why
they should be heard.

they make a request

imports of

their
exemption from the registration of
exported products or from measures on these imports.
Exporters wishing to obtain an exemption should apply
for it and submit any requested questionnaire reply
within the appropriate time limits, in order for it to be
established that they are not circumventing the anti-
dumping duties within the meaning of Article 13(1) of
the basic Regulation. Importers could still benefit from
exemption from registration or measures to the extent
that their imports are from exporters which are granted
such an exemption, and in accordance with Article
13(4).

F. REGISTRATION

(18)

to Article 14(5) of

Pursuant
the basic Regulation,
imports of the product under investigation should be
made subject to registration in order to ensure that,
should the investigation result in findings of circumven-
tion, anti-dumping duties of an appropriate amount can
be levied retroactively from the date of registration, of
such imports consigned from Moldova.

G. TIME LIMITS

(19)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit questionnaire replies or any other informa-
tion to be taken into account during the investiga-
tion,

— interested parties may make a written request to be

heard by the Commission.

(20) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
on the party's making itself known within the time limits
mentioned in Article 3 of this Regulation.

(16)

(17)

(c) Exemption from registration of imports or measures

In accordance with Article 13(4) of the basic Regulation,
imports of
the product under investigation may be
exempted from registration or measures if the importa-
tion does not constitute circumvention.

(21)

The alleged circumvention takes place outside the
Community. Article 13 of the basic Regulation is aiming
at countering circumvention practices without affecting
operators which can prove that they are not involved in
such practices, but it does not contain a specific provi-
sion providing for the treatment of exporters which
could establish that they are not involved in circumven-
tion practices. Therefore, it appears necessary to intro-
duce a possibility for exporters concerned to request an

H. NON-COOPERATION

In cases in which any interested party refuses access to
or otherwise does not provide necessary information
within the time limits provided in this Regulation, 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 facts available. Resorting to the
provisions of Article 18 may result
in findings less
favourable to the party in question than if it had coop-
erated,

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HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of steel ropes and cables consigned from
Moldova, whether originating in Moldova or not, falling within
CN codes ex 7312 10 82, ex 7312 10 84, ex 7312 10 86,
ex 7312 10 88 and ex 7312 10 99, are circumventing the
measures imposed by Council Regulation (EC) No 1796/1999.

Article 2

The Customs authorities are hereby directed, pursuant
to
Article 13(3) and Article 14(5) of Regulation (EC) No 384/96,
to take the appropriate steps to register the imports into the
Community identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of
entry into force of this Regulation.

The Commission, by regulation, may direct Customs authorities
to cease registration in respect of imports into the Community
of products exported by exporters having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Interested parties, if their representations are to be taken
2.
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit questionnaire replies or any other informa-
tion within 40 days from the date of the publication of this
Regulation in the Official Journal of the European Union, unless
otherwise specified.

Interested parties may also apply to be heard by the

3.
Commission within the same 40-day time limit.

4.
Any information relating to the matter, any request for a
hearing or for a questionnaire as well as any request for author-
isation of certificates of non-circumvention must be made in
writing (not in electronic format, unless otherwise specified),
must indicate the name, address, e-mail address, telephone, fax
and/or telephone numbers and should be sent to the following
address:

European Commission
Directorate-General for Trade
Directorate B
J-79, 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

Article 3

Article 4

Questionnaires should be requested from the Commission
1.
within 15 days from the publication of this Regulation in the
Official Journal of the European Union.

This Regulation shall enter into force on the day following 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, 29 July 2003.

For the Commission

Pascal LAMY

Member of the Commission