Commission Regulation (EC) No 1699/2004 of 30 September 2004 amending Regulation (EC) No 275/2004 as regards registration of imports of steel ropes and cables produced by one Moroccan exporting producer
Date: 2004-09-30
Institutions: European Commission
Subjects: Morocco, anti-dumping legislation, import, industrial product, originating product, steel

1.10.2004

EN

Official Journal of the European Union

L 305/25

COMMISSION REGULATION (EC) No 1699/2004

of 30 September 2004

amending Regulation (EC) No 275/2004 as regards registration of imports of steel ropes and cables
produced by one Moroccan exporting producer

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Pursuant to Articles 13(3) and 14(5) of the basic Regu-
lation, Article 2 of the initiating Regulation instructed the
SWR
to register
customs
consigned from Morocco, whether declared as originating
in Morocco or not, as of 19 February 2004.

imports of

authorities

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
the European Community
from countries not members of
(the basic Regulation) (1), and in particular Articles 13 and 14
thereof,

(5)

Article 2 of the initiating Regulation also provided that
the Commission, by Regulation, may direct customs
imports
authorities to cease registration in respect of
into the Community of products manufactured by
producers having applied for an exemption of regis-
tration and having been found not to be circumventing
the anti-dumping duties.

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

The Council, by its Regulation (EC) No 1796/1999 (2),
imposed in August 1999 an anti-dumping duty of
60,4 % on imports of steel ropes and cables (steel wire
in the People’s
ropes or SWR) originating,
Republic of China (PRC).

inter alia,

On 5 January 2004, the Commission received a request,
pursuant to Article 13(3) of the basic Regulation, from
the European Federation of Wire Rope
Industries
(EWRIS) to investigate the alleged circumvention of the
anti-dumping measures imposed on imports of steel
ropes and cables originating in the PRC. According to
the request,
the circumvention practice consisted of
transhipment of SWR originating in the PRC via
Morocco
request was
submitted on behalf of producers representing a major
proportion of the Community production of SWR and
contained sufficient prima facie evidence regarding the
factors set out in Article 13(1) of the basic Regulation.

the Community.

This

to

The Commission initiated an investigation into the
alleged
(EC) No
by
275/2004 (3) (the initiating Regulation).

circumvention

Regulation

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

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

(2) OJ L 217, 17.8.1999, p. 1. Regulation as amended by Regulation

(EC) No 1674/2003 (OJ L 238, 25.9.2003, p. 1).

(3) OJ L 47, 18.2.2004, p. 13.

B. REQUESTS FOR EXEMPTION

(6) Within the deadlines laid down in Article 3 of

the
initiating Regulation, the Commission received a request
for exemption from the registration and measures from
one exporting producer, Remer Maroc SARL, Settat,
Morocco (the applicant).

(7)

(8)

(9)

C. INVESTIGATION PERIOD

The investigation period covered the period from 1
January 2003 to 31 December 2003 (the IP). Data
were collected from 1999 up to the end of the IP to
investigate the alleged change in the pattern of trade.

D. FINDINGS IN RESPECT OF REMER MAROC SARL

The applicant replied to the questionnaire sent by the
the investigation. The
Commission in the course of
Commission carried out a verification visit at
the
company’s premises in Morocco.

The applicant was set up in 2001 as a fully-owned
subsidiary of the Italian company Remer Italia. During
the IP, the applicant, exported only a very small quantity
the product concerned to the Community, repre-
of
senting less than 5 % of
imports of SWR
from Morocco in the same period. From the time the
company was established,
in 2001, the majority of its
sales have been destined to the local Moroccan market.

the total

L 305/26

EN

Official Journal of the European Union

1.10.2004

(10)

It has also been established that the applicant is both a
manufacturer and exporter of SWR, operating production
facilities for the complete production process of
the
product concerned, making use of purchased steel wire,
textile core and grease. It only sells its own production or
that of its mother company in Italy, and never purchased
any SWR, or other materials, from the PRC. Therefore,
the company was found not to have circumvented the
anti-dumping measures in force.

(11)

In the light of the above findings, registration of imports
of SWR consigned from Morocco and produced by the
applicant should cease.

(12) Any decision concerning exporters should be limited to
exemption from registration at this stage. If the Council
subsequently adopts a Regulation extending the anti-
dumping measures pursuant to Article 13 of the basic
certain
Regulation,
exporters from such extended measures.

it may also decide

to exempt

(15)

Interested parties were informed of the essential facts and
considerations on the basis of which the Commission
intended to cease the registration of imports of SWR
produced by the applicant and were given the oppor-
tunity to comment. No objections were received,

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 2 of
Commission Regulation (EC) No 275/2004:

‘4.
Notwithstanding paragraph 1, imports of the product
identified in Article 1 which are produced by the following
companies shall not be subject to registration:

(13)

(14)

The Commission therefore considers it appropriate to
amend its initiating Regulation in so far as it provides
for the registration of imports of SWR consigned from
Morocco, whether declared as originating in Morocco or
not.

This Regulation is based on findings specific to the
applicant and does not prejudge any decision which
the Council may take to extend the existing anti-
dumping measures on SWR originating in the PRC to
the same product consigned from Morocco, whether
declared as originating in Morocco or not.

Producer

TARIC additional code

Remer Maroc SARL,
Zone Industrielle,
Tranche 2, Lot 10,
Settat,
Morocco

A567’

Article 2

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, 30 September 2004.

For the Commission

Pascal LAMY
Member of the Commission