Commission Regulation (EC) No 275/2004 of 17 February 2004 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1796/1999 on imports of steel ropes and cables originating in the People's Republic of China, by imports of steel ropes and cables consigned from Morocco, whether declared as originating in Morocco or not and making such imports subject to registration
Date: 2004-02-17
Institutions: European Commission
Subjects: China, Morocco, anti-dumping duty, anti-dumping legislation, industrial product, originating product, steel

18.2.2004

EN

Official Journal of the European Union

L 47/13

COMMISSION REGULATION (EC) No 275/2004

of 17 February 2004

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1796/1999 on imports of steel ropes and cables originating
in the People's Republic of China, by imports of steel ropes and cables consigned from Morocco,
to
whether declared as originating in Morocco or not and making such imports subject

registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. GROUNDS

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 Council Regulation (EC) No 1972/2002 (2)
(the
basic Regulation) and in particular Article 13(3), Article 14(3)
and Article 14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

A. REQUEST

to
The Commission has received a request pursuant
Article 13(3) of Regulation (EC) No 384/96,
‘the basic
Regulation’, to investigate the possible circumvention of
the anti-dumping measures imposed on imports of steel
ropes and cables originating in the People's Republic of
China.

The request was lodged on 5 January 2004 by EWRIS,
liaison committee of EU wire rope industries, on behalf
of 19 Community producers.

B. PRODUCT

The product concerned by possible circumvention is
steel
ropes and cables originating in the People's
Republic of China, normally declared under CN codes
ex 7312 10 86,
ex 7312 10 84,
ex 7312 10 82,
ex 7312 10 88
product
concerned). These codes are given for information only.

ex 7312 10 99

(the

and

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

(1)

(2)

(3)

(4)

(5)

(6)

The request contains sufficient prima facie evidence that
the anti-dumping measures in force on imports of steel
ropes and cables originating in the People's Republic of
China are being circumvented by means of the tranship-
ment via Morocco of steel ropes and cables.

(7)

The evidence submitted is as follows:

A significant change in the pattern of trade involving
exports
from the People's Republic of China and
Morocco to the Community has taken place following
the imposition of measures on the product concerned,
and 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 of steel ropes and cables originating in
the People's Republic of China via Morocco.

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
Morocco appear to have replaced imports from the
People's Republic of China 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.

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.

C. EXISTING MEASURES

E. PROCEDURE

The measures currently in force and possibly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 1796/1999 (3) as
last
amended by Regulation (EC) No 1674/2003 (4).

(8)

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

to Article 13 of

(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.
(4) OJ L 238, 25.9.2003, p. 1.

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Official Journal of the European Union

18.2.2004

(a) Questionnaires

(15)

(9)

(10)

In order to obtain the information it deems necessary
for its investigation, the Commission will send question-
naires to the exporters/producers and to the associations
of exporters/producers in Morocco, the exporters/produ-
cers and to the associations of exporters/producers in
the People's Republic of China, to the importers and to
the associations of importers in the Community which
cooperated in the investigation that led to the existing
measures or which are listed in the request and to the
the People's Republic of China and
authorities of
Morocco.
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 of this Regulation in order to find out
whether they are listed in the request and, if necessary,
to request a questionnaire 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 inter-
ested parties.

(11)

The authorities of the People's Republic of China and
Morocco will be notified of the initiation of the investi-
gation and provided with a copy of the request.

(b) Collection of

information and holding of

hearings

(12) 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

(13)

(14)

(c) Exemption
measures

of

registration

of

imports

or

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.

The possible circumvention takes place outside the Com-
munity. 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 producers in the
countries concerned which could establish that they are
not involved in circumvention practices. Therefore,
it
appears necessary to introduce a possibility for produ-
cers concerned to request an exemption from the regis-
tration of imports of their exported products or from
measures on these imports.

Producers 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 producers which are granted
such an exemption, and in accordance with Article 13(4)
of the basic Regulation.

F. REGISTRATION

(16)

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
steel ropes and cables consigned from Morocco.

G. TIME LIMITS

(17)

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.

(18) 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.

H. NON-COOPERATION

(19)

In cases in which any interested party refuses access to
or otherwise does not provide necessary information
within the time limits, or significantly impedes the inves-
tigation, findings, affirmative or negative, may be made
in accordance with Article 18 of the basic Regulation,
on the basis of the facts available.

(20) Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made, in accordance with
Article 18 of the basic Regulation, of facts available. If
an interested party does not cooperate, or cooperates
only partially, and use of the best facts available is made,
the result may be less favourable than if it had coop-
erated,

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

CN

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
Morocco, whether originating in Morocco or not, and falling
within
ex 7312 10 84,
ex 7312 10 86, ex 7312 10 88 and ex 7312 10 99 (TARIC
7312 10 86 12,
codes
7312 10 88 12,
the
measures imposed by Regulation (EC) No 1796/1999 on
imports of steel ropes and cables originating in the People's
Republic of China.

7312 10 99 12),

ex 7312 10 82,

7312 10 82 12,

7312 10 84 12,

circumventing

codes

are

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 authori-
ties to cease registration in respect of imports into the Com-
munity of products manufactured by producers 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 telex numbers of
the interested party. All written
submissions, including the information requested in this Regu-
lation, questionnaire replies and correspondence provided by
interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
parties’ and should be sent to the following address:

shall be

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

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

Article 4

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, 17 February 2004.

For the Commission

Pascal LAMY

Member of the Commission

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article
19 of Regulation (EC) No 384/96 and Article 6 of the WTO Agree-
ment of implementation of Article VI of the GATT 1994 (Anti-
dumping Agreement).

the Council

It