Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Russia
Date: 2004-08-10
Institutions: European Commission
Subjects: Russia, anti-dumping duty, anti-dumping legislation, metal product, wire

C 202/12

EN

Official Journal of the European Union

10.8.2004

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain iron or steel ropes and cables originating in Russia

(2004/C 202/04)

The Commission has received two requests for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1) (the basic Regulation).

interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation limited in
scope to the examination of dumping as far as ChSPZ and
BMK are concerned.

1. Request for review

The requests were lodged by Open Joint Stock Company Chere-
povetsky Staleprokatny Zavod (ChSPZ)
and Joint Stock
Company Beloretsk Iron & Steel Works (BMK), both exporters
from Russia.

The requests are limited in scope to the examination of
dumping as far as ChSPZ and BMK are concerned.

2. Product

The product under review is iron or steel ropes and cables,
including locked coil ropes, excluding ropes and cables of stain-
less steel, with a maximum cross-sectional dimension exceeding
3 mm, with fittings attached or not originating in Russia (the
product
concerned), normally declared within CN codes
7312 10 82, 7312 10 84, 7312 10 86, 7312 10 88 and
7312 10 99. These CN codes are given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1601/2001 (2)
on imports of certain iron or steel ropes and cables originating
in Russia.

4. Grounds for the review

The requests pursuant to Article 11(3) are based on the prima
facie evidence, provided by ChSPZ and BMK, that, as far as
they are concerned, the circumstances on the basis of which
measures were established have changed and that these changes
are of a lasting nature.

ChSPZ and BMK allege and provide evidence showing that a
comparision of normal value based on their own costs and
prices and their export prices to the EU, would lead to a reduc-
tion of dumping significantly below the level of the current
measures. Therefore, the continued imposition of measures at
the existing levels, which were based on the level of dumping
previously established,
is no longer necessary to offset
dumping.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council

Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 211, 4.8.2001, p. 1. Regulation as last amended by Council

Regulation (EC) No 1268/2003 (OJ L 180, 18.7.2003, p. 23).

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
ChSPZ and BMK.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to ChSPZ, to BMK and to the Russian authorities. This
information and supporting evidence should reach the
Commission within the time limit set in point 6(a) of this
notice.

(b) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
known,
than questionnaire
replies and to provide supporting evidence. This informa-
tion and supporting evidence must reach the Commission
within the time limit set in paragraph 6(a) of this notice.

information other

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in paragraph 6(b)
of this notice.

6. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

All
their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission, present
their views and submit questionnaire replies or any other
information within 40 days of the date of publication of
this notice in the Official
the European Union,
unless otherwise specified. 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 aforementioned period.

Journal of

(b) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

10.8.2004

EN

Official Journal of the European Union

C 202/13

7. Written

submissions,

questionnaire

replies

and

8. Non-cooperation

correspondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified, and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of
the interested
party). All written submissions,
including the information
requested in this notice, questionnaire replies and correspon-
dence 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, shall be accompanied by a non-
confidential version, which will be labelled ‘For inspection by
interested parties’.

Commission address for correspondence:

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

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation, find-
ings, 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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate, or cooperates only partially, and findings
are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

(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 Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1)
and Article 6 of the WTO Agreement on Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It