Council Regulation (EC) No 564/2005 of 8 April 2005 amending Regulation (EC) No 1601/2001 imposing a definitive anti-dumping duty and definitively collecting the provisional anti-dumping duty imposed on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey
Date: 2005-04-08
Institutions: Council of the European Union
Subjects: Czechia, Russia, Thailand, Türkiye, anti-dumping duty, anti-dumping legislation, iron, non-flat product, originating product, steel

15.4.2005

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 564/2005

of 8 April 2005

amending Regulation (EC) No 1601/2001 imposing a definitive anti-dumping duty and definitively
collecting the provisional anti-dumping duty imposed on imports of certain iron or steel ropes and
cables originating in the Czech Republic, Russia, Thailand and Turkey

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
(‘the
countries not members of the European Community (1)
basic Regulation’), and in particular Article 11(3) thereof,

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

Whereas:

(4)

(5)

In this request pursuant to Article 11(3) of the basic
Regulation it was claimed that the circumstances with
regard to dumping on the basis of which the measures
in force were established have changed and that these
changes are of a lasting nature.

According to the request, the applicant has undergone
structural changes which have had a significant impact
on the normal value. Furthermore, it was claimed that a
comparison of normal value based on its costs or
domestic prices and export prices to the Community
would lead to a reduction of dumping significantly
the current measures applying to
below the level of
imports from the applicant,
i.e. 17,8 %. Therefore, the
continued imposition of measures at the existing levels,
which were based on the level of dumping previously
established, would no longer be necessary to offset
dumping.

(1)

(2)

(3)

A. PREVIOUS PROCEDURE

(6)

On 5 May 2000,
the Commission initiated an anti-
dumping proceeding (2) on imports of certain iron or
in Turkey.
steel ropes and cables originating,

inter alia,

after

determined,
that

consulting
sufficient evidence existed for

Having
Committee,
initiation of a partial
a notice
published
commenced an investigation,
examination of dumping by the applicant.

the Advisory
the
interim review, the Commission
Initiation’) (4)
(‘Notice of
and
limited in scope to the

This proceeding ultimately resulted in a definitive anti-
dumping duty being imposed by Council Regulation (EC)
No 1601/2001 (3)
in order to eliminate the injurious
effects of dumping.

B. REQUEST FOR AN INTERIM REVIEW

A request for a partial interim review of Regulation (EC)
No 1601/2001 was received from Has Çelik ve Halat
(‘Has Çelik’, or ‘the applicant’), a
Sanayi Ticaret A.S.
Turkish exporting producer of certain iron or steel
ropes and cables subject to the anti-dumping measures
in force.

C. PROCEDURE

(7)

The Commission officially advised the representatives of
the exporting country and the applicant of the initiation
of the partial
interim review and gave all the parties
directly concerned the opportunity to make their views
known in writing and to request a hearing. A submission
was received from EWRIS, the Liaison Committee of E.U.
Wire Rope Industries which was the complainant in the
original case.

(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 C 127, 5.5.2000, p. 12.
(3) OJ L 211, 4.8.2001, p. 1. Regulation as last amended by Regulation

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

(8)

The Commission also sent a questionnaire to the
applicant, which replied within the time limits set in
the Notice of Initiation.

(4) OJ C 67, 17.3.2004, p. 5.

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Official Journal of the European Union

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(9)

information it
The Commission sought and verified all
deemed necessary for the purpose of a determination of
dumping and carried out a verification visit at
the
premises of the applicant.

(15)

(10)

The investigation of dumping covered the period from
1 July 2003 to 29 February 2004 (‘the investigation
period’).

D. PRODUCT

Product concerned

(16)

(11)

The product concerned is the same as in the investigation
which lead to the imposition of the existing measures
(‘the previous investigation’), i.e. iron or steel ropes and
cables, including locked coil ropes, excluding ropes and
cables of stainless steel, with a maximum cross-sectional
dimension exceeding 3 mm, with fittings attached or not
(‘steel wire ropes’ or
‘SWR’), originating in Turkey,
currently classifiable within CN codes 7312 10 82,
7312 10 84, 7312 10 86, 7312 10 88 and 7312 10 99.

Like product

(12) As in the previous investigation, this investigation has
shown that
the SWR produced in Turkey by the
applicant and sold on the Turkish market or exported
to the Community have the same basic physical charac-
teristics and the same uses, and therefore are to be
considered a like product within the meaning of Article
1(4) of the basic Regulation.

E. DUMPING

Normal value

(17)

(18)

(13) As far as the determination of normal value is concerned,
it was first established whether
the applicant's total
domestic sales of the like product were representative
in comparison with its
to the
the
Community.
basic Regulation this was found to be the case since its
domestic sales volume constituted at least 5 % of its total
export sales volume to the Community.

In accordance with Article 2(2) of

export

sales

total

the

proportion

For the product types meeting the 5 % test, an exami-
nation was then made as to whether the domestic sales
of each comparable type could be regarded as having
been made in the ordinary course of trade, by estab-
independent
of
lishing
customers of the type in question not made at a loss.
In all cases, sales of a type not made at a loss represented
more than 80 % of the total domestic sales volume of
that type and, therefore, normal value was based on a
weighted average price of all domestic sales made during
the investigation period.

sales

to

For the product types exported to the Community where
no comparable types sold on the domestic market were
found, normal value was constructed on the basis of the
costs of manufacturing incurred by the applicant for the
exported product types in question plus a reasonable
amount for selling, general and administrative costs and
profits in accordance with Article 2(3) and 2(6) of the
basic Regulation. The general and administrative costs
were based on the applicant's domestic sales of the like
product. The profit margin was based on the applicant's
domestic sales of the like product made in the ordinary
course of trade.

Export price

directly

Since all export sales of the product concerned were
in the
independent
made
the export price was established on the
Community,
basis of such prices paid or payable,
in accordance
with Article 2(8) of the basic Regulation.

customers

to

Comparison

The comparison of normal value with export price was
made on an ex-factory basis and at the same level of
trade. For the purpose of ensuring a fair comparison,
account was taken, in accordance with Article 2(10) of
the basic Regulation, of differences in factors which were
claimed and demonstrated to affect prices and price
comparability,
costs,
handling,
loading and ancillary costs, credit costs and
commissions.

insurance

transport

costs,

i.e.

(14)

For each of
the types sold by the applicant on its
domestic market and found to be directly comparable
to the types exported to the Community,
it was
examined whether domestic sales were sufficiently repre-
sentative for the purposes of Article 2(2) of the basic
Regulation. This was considered to be the case when,
during the investigation period, the total domestic sales
volume of a type represented 5 % or more of the total
sales volume of
exported to the
same
Community. For most of
the types exported to the
Community during the investigation period a comparable
representative type sold on the domestic market was
found.

type

the

Dumping margin

(19)

The comparison was made between the weighted average
adjusted normal value per product type and the weighted
average net ex-works export price for the comparable
product type,
in accordance with Article 2(11) of the
basic Regulation.

(20)

The comparison as described above did not show the
existence of any dumping.

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F. LASTING NATURE OF CHANGED CIRCUMSTANCES

In accordance with Article 11(3) of the basic Regulation,
it was also examined whether the changed circumstances
could reasonably be said to be of a lasting nature.

(27)

(21)

(22)

(23)

(24)

(25)

(26)

respect,

the investigation revealed that

In this
the
applicant has undergone structural changes affecting
considerably the production structure and organisation,
resulting in a substantially higher production efficiency
that led to a drop in production costs and thus reduced
normal value as compared to the investigation period
used in the previous investigation (1 April 1999 until
31 March 2000). During the same period, export prices
have increased and no reason was found to indicate that
this increase was temporary.

It is consequently concluded that the changed circum-
in particular the increase in export prices to
stances,
the Community combined with a substantial decrease
in production costs, are of a lasting nature.

G. ANTI-DUMPING MEASURES

In the absence of dumping,
appropriate to repeal
concern the applicant.

it is therefore considered
they

insofar as

the measures

The interested parties were informed of the facts and
considerations on the basis of which it was intended to
recommend an amendment of Regulation (EC) No
1601/2001 and were given an opportunity to comment.

Subsequently, EWRIS submitted some general comments
relating mainly to increasing prices of raw materials after
the investigation period. EWRIS did not put in question
the findings concerning dumping as outlined above, but

nevertheless expressed concern about the possibility that
the applicant may resume dumping in the future.

in the dumping calculation for

Concerning the prices of raw materials, it is noted that
the prices of raw materials may have increased after the
investigation period, but this could not have been taken
the
into account
applicant.
is wire
In this case, the main raw material
rod, a basic steel product, which is a commodity with
periods.
fluctuating within
prices
Therefore, any price increase of
such raw material
cannot be considered to be of a lasting nature, which
could put into question the above findings.

normally

short

(28)

Finally, it should be noted that, since the repeal of the
measures concerns only the applicant, and not Turkey as
a whole, the applicant remains subject to the proceeding
and may be reinvestigated in any subsequent review
carried out for Turkey pursuant to Article 11(6) of the
basic Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1601/2001 is hereby amended as follows:

In the table of Article 1(3) the rate of duty (%) for the company
Has Çelik ve Halat Sanayi Ticaret A.S. (TARIC additional code
A220) shall be replaced by the following:

‘0’.

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, 8 April 2005.

For the Council
The President

J. ASSELBORN