Notice of initiation of an expiry review of the antidumping measures applicable to imports of steel ropes and cables originating in the People's Republic of China, India, South Africa and Ukraine
Date: 2004-08-17
Institutions: European Commission
Subjects: China, India, South Africa, Ukraine, anti-dumping duty, anti-dumping legislation, iron and steel product

C 207/2

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Official Journal of the European Union

17.8.2004

Notice of initiation of an expiry review of the antidumping measures applicable to imports of steel
ropes and cables originating in the People's Republic of China, India, South Africa and Ukraine

(2004/C 207/02)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of steel ropes
and cables originating in the People's Republic of China, India,
the Commission has
Mexico, South Africa and Ukraine,
received a request
to Article 11(2) of
for review pursuant
Council Regulation (EC) No 384/96 (2) (the basic Regulation).
The review request concerns imports of steel ropes and cables
originating in the People's Republic of China,
India, South
Africa and Ukraine (the countries concerned).

1. Request for review

The request was lodged on 17 May 2004 by the Liaison
Committee of European Union Wire Rope Industries (EWRIS)
(the applicant) on behalf of producers representing a major
proportion,
in this case more than 50 %, of the total Com-
munity production of steel ropes and cables.

2. Product

The product under review is steel ropes and cables, originating
in the People's Republic of China,
India, South Africa and
Ukraine (the product concerned), currently classifiable within
CN codes
ex 7312 10 82 (TARIC code 7312 10 82*10),
ex 7312 10 84 (TARIC code 7312 10 84*10), ex 7312 10 86
(TARIC code 7312 10 86*10), ex 7312 10 88 (TARIC code
7312 10 88*10)
code
7312 10 99*10). These CN codes are given only for informa-
tion.

ex 7312 10 99

(TARIC

and

The allegation of recurrence of dumping for South Africa is
based on a comparison of normal value, established on the
basis of domestic prices, with the export prices of the product
concerned when sold for export to United States of America.

On the basis of the above comparisons of normal values and
export prices which show dumping from the three countries
concerned, the applicant alleges that there is a likelihood of
recurrence of dumping.

The allegation of continuation of dumping in respect of India is
based on a comparison of normal value, established on the
basis of domestic prices, with the export prices of the product
concerned to the Community.

further alleges the likelihood of

On this basis, the dumping margin calculated is significant. The
further injurious
applicant
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of the product concerned is likely to increase due to the exis-
tence of unused capacity in the countries concerned.

In addition, the applicant alleges that the already fragile situa-
tion of the Community industry would further deteriorate if
measures were allowed to lapse and that any recurrence of
from the countries
substantial
concerned would likely lead to a recurrence of further injury of
the Community industry.

imports at dumped prices

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1796/1999 (3).

5. Procedure

4. Grounds for the review

The request
the expiry of
is based on the grounds that
measures would be likely to result in a continuation or recur-
rence of dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic
of China and for Ukraine on the basis of the price in an appro-
priate market economy country, which is mentioned in para-
graph 5.1(d) of this notice. The allegation of recurrence of
dumping is based on a comparison of normal value, as set out
in the previous sentence, with,
in the case of the People's
Republic of China, the export prices of the product concerned
when sold for export to the United States of America and, in
the case of Ukraine, with the export prices of the product
concerned when sold for export to Russia.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The expiry review will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(a) Sampling

(1) OJ C 272, 13.11.2003, p. 2.
(2) OJ L 56, 6.3.96, p.1. Regulation as last amended by Regulation (EC)

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

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

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

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(i) Sa mp li ng

for
Pe op le 's R e p u b li c of Ch i na

e x p or te r s/ p r o du c e r s

i n

th e

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the following information on their company or compa-
nies within the time limit set in paragraph 6(b)(i) and
in the format indicated in point 7 of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 July 2003 to
30 June 2004,

for

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 July 2003 to
30 June 2004 which will be Investigation Period
(IP),

— the precise activities of the company with regard to

the production of the product concerned,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

(ii) Sa mp li ng for i mp or te r s

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the formats indicated in
point 7 of this notice:

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

— the total turnover in euro of the company during

the period 1 July 2003 to 30 June 2004,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 1 July 2003 to 30 June 2004 of
the imported product concerned originating in the
People's Republic of China, India, South Africa and
Ukraine,

— the names and the precise activities of all related
involved in the production and/or

companies
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

In order to obtain the information it deems necessary
the
for the selection of
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(iii) S a mp li ng for Commu ni ty p r odu c e r s

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in point 6(b)(i)
of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in euro of the company during

the period 1 July 2003 to 30 June 2004,

— the precise activities of the company with regard to

the production of the product concerned,

— the value in euro of sales of the product concerned
made in the Community market during the period
1 July 2003 to 30 June 2004,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 July 2003 to 30 June 2004,

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Official Journal of the European Union

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— the volume in tonnes of the production of the
product concerned during the period 1 July 2003
to 30 June 2004,

— the names and the precise activities of all related
involved in the production and/or

companies
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

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 point 6(a)(iii) of
this notice.

(d) Selection of the market economy country

In the previous investigation India was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China and Ukraine. The applicant has now proposed to use
the United States of America for this purpose. Interested
parties are hereby invited to comment on the appropriate-
ness of this country within the specific time limit set in
point 6(c) of this notice.

(iv) F i na l se le c ti on of th e sa mp le s

5.2. Procedure for the assessment of Community interest

All interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in point 6(b)(ii) of this
notice.

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
of this notice and must cooperate within the frame-
work of the investigation.

forthcoming,

sufficient cooperation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in point 8 of this notice.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in the People's Republic of China, to the expor-
ters/producers in India, South Africa and Ukraine, to any
association of exporters/producers, to the sampled impor-
ters,
importers named in the
complaint, and to the authorities of the exporting countries
concerned.

to any association of

(c) Collection of information and holding of hearings

submit

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

information other

this

and

representative

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation of dumping and
injury is confirmed, a decision will be reached as to whether
the continuation or removal of measures would not be against
the Community interest. For
reason the Community
industry, importers, their representative associations, represen-
tative users
consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in point 6(a)(ii) of this notice, make
themselves known and provide the Commission with informa-
tion. The parties which have acted in conformity with the
preceding sentence may request a hearing, setting the particular
reasons why they should be heard, within the time limit set in
point 6(a)(iii) of this notice. It should be noted that any infor-
mation submitted pursuant to Article 21 will only be taken
into account if supported by factual evidence at the time of
submission.

6. Time limits

(a) General time limits

(i) F or p a r t i e s to r e q u e st a q u e sti o n n a i r e

interested parties who did not cooperate in the
All
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(ii) F or p a r ti e s to ma ke t h e mse lve s know n,

to
su bmi t q u e sti onn a i r e r e p li e s a nd a ny ot h e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must
make themselves known by contacting the Commis-
sion, 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 Journal
the European Union, unless otherwise specified.
of
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.

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Companies selected in a sample must submit question-
naire replies within the time limit specified in point
6(b)(iii) of this notice.

(iii) H e a r i ng s

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

(b) Specific time limit in respect of sampling

(i) The information specified in point 5.1(a)(i), 5.1(a)(ii)
and 5.1(a)(iii) should reach the Commission within 15
days of the date of publication of this notice in the
Official Journal of the European Union, given that the
Commission intends to consult parties concerned that
have expressed their willingness to be included in the
sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(iv) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

(c) Specific time limit
economy country

for the selection of

the market

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in point 5.1(d) of this notice, is envisaged as a
market-economy country for the purpose of establishing
normal value in respect of the People's Republic of China
and Ukraine. These comments must reach the Commission
within 10 days of the date of publication of this notice in
the Official Journal of the European Union.

7. Written

submissions,

questionnaire

replies

and

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 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 INTER-
ESTED PARTIES’.

shall be

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

8. Non-cooperation

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 third party than if it had cooperated.

9. Schedule of the expiry review investigation

The expiry review investigation will be concluded, according to
Article 11(5) of the basic Regulation within 15 months of the
date of the publication of this notice in the Official Journal of the
European Union.

(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