Council Regulation (EC) No 1674/2003 of 22 September 2003 amending Regulation (EC) No 1796/1999 imposing a definitive anti-dumping duty, and collecting definitively the provisional duty imposed, on imports of steel ropes and cables originating, inter alia, in Poland and Ukraine
Date: 2003-09-22
Institutions: Council of the European Union
Subjects: Poland, Ukraine, anti-dumping duty, import, originating product, steel

25.9.2003

EN

Official Journal of the European Union

L 238/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1674/2003

of 22 September 2003

amending Regulation (EC) No 1796/1999 imposing a definitive anti-dumping duty, and collecting
definitively the provisional duty imposed, on imports of steel ropes and cables originating, inter
alia, in Poland and Ukraine

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 Community (1), and in
particular Articles 8 and 9 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

On 20 May 1998, an anti-dumping proceeding was
initiated by the Commission (2) on imports of steel ropes
and cables (SWR) originating, inter alia, in Ukraine.

On 30 July 1998, an anti-dumping proceeding was
initiated by the Commission (3) on imports of SWR
originating, inter alia, in Poland.

In parallel,

Provisional measures were imposed by Commission
Regulation (EC) No 362/1999 (4).
the
inter alia, a price undertaking
Commission accepted,
from the Polish exporting producer Drumet (Drumet)
under Article 2(1) of the said Regulation. Imports of the
products covered produced and directly exported to the
Community by Drumet were exempted from the anti-
dumping duty by Article 1(3) of the said Regulation.

(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 155, 20.5.1998, p. 11.
(3) OJ C 239, 30.7.1998, p. 3.
(4) OJ L 45, 19.2.1999, p. 8.

(4)

(5)

(6)

(7)

(8)

These proceedings were
combined and ultimately
resulted in a definitive anti-dumping duty being imposed
by Council Regulation (EC) No 1796/1999 (5) in order
to eliminate the injurious effects of dumping. Drumet
continued to be exempted from the definitive duties by
virtue of and subject to its undertaking.

Furthermore, the Commission accepted a price under-
taking from, inter alia, the Ukrainian exporting producer
Joint Stock Company Silur (Silur) by Commission Deci-
sion 1999/572/EC (6).

B. FAILURE TO COMPLY WITH THE UNDERTAKING

1. Drumet (Poland)

The undertaking accepted from Drumet only applied to
imports into the Community of SWR which have been
produced and sold directly (i.e. invoiced and shipped) by
Drumet to its first unrelated customers in the Commu-
nity (Clause 2 of the undertaking).

Furthermore, Drumet undertook not to circumvent the
provisions of the undertaking,
‘by any other
means’, according to Clause 6 of the undertaking.

inter alia,

Following verifications by the Commission services in
charge of the monitoring of the undertaking,
it was
established that Drumet had committed two types of
breaches of the above obligations. Firstly, it had not sold
all
its exports of SWR to the Community directly to
unrelated importers, but via a related importer in the
it had repeatedly submitted
Community. Secondly,
misleading information about the relationship with this
importer, thus not only breaching Clause 6 of the under-
taking, but also the relationship of trust established with
the Commission which was the basis for acceptance of
any undertaking. Commission Regulation (EC) No 1678/
2003 (7) sets out in detail the nature of the breaches
found.

(5) OJ L 217, 17.8.1999, p. 1.
(6) OJ L 217, 17.8.1999, p. 63.
(7) See page 13 of this Official Journal.

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Official Journal of the European Union

25.9.2003

(9)

Acceptance of the undertaking has been withdrawn by means of the abovementioned Commission
Regulation and, therefore, in accordance with Articles 8 and 9 of Regulation (EC) No 384/96, defini-
tive anti-dumping duties should be imposed forthwith on imports of the product concerned manu-
factured by Drumet.

2. Silur (Ukraine)

(10)

inter alia, not

Silur undertook,
the undertaking by making
misleading declarations regarding the origin of SWR or by any other means. Furthermore, the scope
of the undertaking is limited to certain product types of SWR (SWR covered). SWR other than SWR
covered are subject to the payment of the anti-dumping duty.

the provisions of

to circumvent

(11) An investigation carried out by the European Anti-Fraud Office (OLAF) revealed that imports of
SWR into the Community which had been produced by Silur were, with Silur's knowledge, imported
into the Community with a declared false origin. Furthermore, it was established that SWR other
than SWR covered had been sold to the Community as if they were covered by the undertaking and
thus unduly benefiting from the exemption of the payment of the anti-dumping duties. Commission
Regulation (EC) No 1678/2003 sets out in detail the nature of the breaches found.

(12)

In the circumstances, acceptance of the undertaking has been withdrawn by the abovementioned
Commission Regulation, upon the request of Silur. Therefore in accordance with Articles 8 and 9 of
Regulation (EC) No 384/96, definitive anti-dumping duties should be imposed forthwith on imports
of the product concerned manufactured by Silur.

C. AMENDMENT OF REGULATION (EC) No 1796/1999

(13)

In view of the withdrawal of the undertakings and pursuant to Article 8(9) of Regulation (EC) No
384/96, Article 2(3) of Regulation (EC) No 1796/1999 should be amended, and goods manufactured
by Drumet and Silur should be subject to the appropriate rate of anti-dumping duty for each
company as set out in Article 1(2) of Regulation (EC) No 1796/1999 (27,9 % for Drumet and
51,8 % for Silur),

HAS ADOPTED THIS REGULATION:

Article 1

In the table in Article 1(2) of Regulation (EC) No 1796/1999 the TARIC additional code concerning

1.
Ukraine ‘8900’ shall be replaced by ‘-’.

2.

The table in Article 2(3) of Regulation (EC) No 1796/1999 shall be replaced by the following:

‘Country

Company

TARIC additional code

Hungary

Poland

Mexico

Drótáru és Drótkötél Ipari és Kereskedelmi Rt. Besenyöi
utca 18, 3527 Miskolc, Hungary

8616

Slaskie Zaklady Lin i Drutu "Linodrut" Spólka Akeyjna
Fabryka Lin i Drutów "Linodrut" Zabrze Spólka z orga-
niczona odpowiedzialnoscia
PL-41-800 Zabre, Sobieskiego Street No 1
Fabryka Lin i Drutów Falind Spólka z organiczona odpo-
wiedzialnoscia
PL-41-201 Sosnowiec, Niwecka Street 1
Górnoslaska Fabryka Lin i Drutu Linodrut Bytom Spólka
organiczona odpowiedzialnoscia, 41-906 Bytom, Ks.
Jerzago Popieluszki Street 1
Dolnoslaska fabryka Lin i Drutu "Linodrut Linmet"
Spólka
z organiczona odpowiedzialnoscia, 58-309
Walbrzych, Sluga Street 2

9

>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>;

Aceros Camesa SA de CV
Margarita Maza de Juárez No 154,
Col Nueva Ind. Vallejo
México D.F.C.P.07700
Mexico

8619

A022

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Country

Company

TARIC additional code

South Africa

Haggie
Lower Germiston Road
Jupiter
PO Box 40072
Cleveland
South Africa

India

Usha Martin Industries & Usha Beltron Ltd
Shakespeare Sanani, Calcutta, 700071, India

A023

A024’

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, 22 September 2003.

For the Council

The President

R. BUTTIGLIONE