Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Russia, Thailand and Turkey and a partial interim review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Turkey
Date: 2006-08-03
Institutions: European Commission
Subjects: Russia, Thailand, Türkiye, anti-dumping legislation, anti-dumping measure, import, iron, originating product, steel, wire

3.8.2006

EN

Official Journal of the European Union

C 181/15

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

(2006/C 181/08)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain iron
or steel ropes and cables originating in Russia, Thailand and
Turkey (‘countries concerned’), the Commission has received a
to Article 11 (2) and (3) of
request
Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (2), as last amended by
Council Regulation (EC) No 2117/2005 (3).

for reviews pursuant

1. Request for review

The request was lodged on 28 April 2006 by the Liaison
Committee of EU Wire Rope Industries (EWRIS) (‘the appli-
cant’) on behalf of producers representing a major proportion,
in this case more than 50 %, of the total Community produc-
tion of certain iron or steel ropes and cables.

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,
Thailand and Turkey (‘the product concerned’), currently classi-
fiable within CN codes 7312 10 81, 7312 10 83, 7312 10 85,
7312 10 89 and 7312 10 98. 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 (4),
as last amended by Council Regulation (EC) No 564/2005 (5)
and undertakings accepted by Commission Decision No
2001/602/EC (6).

4. Grounds for the reviews

4.1. Grounds for the expiry review

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

The allegation of likelihood of continuation of dumping in
respect of Russia and Turkey is based on a comparison of

(1) OJ C 270, 29.10.2005, p. 38.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 340, 23.12.2005, p. 17.
(4) OJ L 211, 4.8.2001, p. 1.
(5) OJ L 97, 15.4.2005, p. 1.
(6) OJ L 211, 4.8.2001, p. 47.

normal value, established on the basis of domestic prices, with
the export prices of the product concerned when sold for
export to the Community.

On this basis, the dumping margin calculated is significant for
Russia and Turkey.

In demonstrating the likelihood of recurrence of dumping for
Thailand, export prices to other third countries,
i.e. United
States of America, have been used by the applicant given the
current absence of significant import volumes from Thailand to
the EC.

On this basis, the applicant alleges that there is a likelihood of
recurrence of dumping for Thailand.

The applicant further alleges the likelihood of further injurious
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
substantial
from the countries
concerned would likely lead to a recurrence of further injury of
the Community industry.

imports at dumped prices

4.2. Grounds for the partial interim review

The applicant has provided information that,
in regard to
imports of the product concerned manufactured by Has Çelik
ve Halat Sanayi Ticaret A.S.
the
measure is no longer sufficient
the injurious
dumping.

to counteract

(‘Has Celik’),

the level of

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review and a partial interim review, limited to dumping
aspects as far as imports from the above-mentioned Turkish
exporting producer is concerned, the Commission hereby initi-
ates reviews in accordance with Article 11 (2) and (3) of the
basic Regulation.

C 181/16

EN

Official Journal of the European Union

3.8.2006

5.1. Procedure for the determination of dumping, likelihood

of dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury. The interim review will
the product
determine whether,
concerned manufactured by Has Celik, the current level of the
measure is sufficient to counteract the injurious dumping.

in regard to imports of

(a) Sampling

In view of the apparent number of parties involved in the
expiry review,
the Commission may decide to apply
sampling, in accordance with Article 17 of the basic Regu-
lation.

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

imply

replying

— By providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
will
and
accepting an on-the-spot investigation of response.
If the company indicates that it does agree to its
possible inclusion in the sample, it will be deemed
to not have cooperated in the investigation. The
consequences of non-cooperation are set out in
point 8 below.

to a questionnaire

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.

(i) Sa mp li ng for e x p or te r s/ p r odu c e r s

(ii) S a 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
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 point 6(b)(i) and in the
format indicated in point 7:

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 format indicated in point
7:

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

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

numbers and contact person,

numbers and contact person,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold for export
to the Community during the period 1 July 2005
— 30 June 2006,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold on the
domestic market during the period 1 July 2005 —
30 June 2006,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold on other
third countries during the period 1 July 2005 —
30 June 2006,

— the precise activities of the company with regard to
the production of the product concerned and the
the product
production volume in tonnes of
concerned, the production capacity and the invest-
ments in production capacity during the period 1
July 2005 — 30 June 2006,

— the total turnover in EUR of the company during

the period 1 July 2005 — 30 June 2006,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in EUR of imports
into and resales made in the Community market
during the period 1 July 2005 — 30 June 2006 of
the imported product concerned originating in
each of the countries concerned,

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

companies (1)
selling of the product concerned,

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p. 1).

3.8.2006

EN

Official Journal of the European Union

C 181/17

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

imply

replying

— By providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have cooperated in the investiga-
tion. The consequences of non-cooperation are set
out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

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

the sample of

importers,

(iii) Sa mp li ng for Commu n i ty p r odu c e r s

In view of the large number of Community producers
supporting the request,
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)
and in the format indicated in point 7:

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

numbers and contact person,

— the total turnover in EUR of the company during

the period 1 July 2005 — 30 June 2006,

— the precise activities of the company with regard to

the production of the product concerned,

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 July 2005 — 30 June 2006,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 July 2005 — 30 June 2006,

— the volume in tonnes of the production of the
product concerned during the period 1 July 2005
— 30 June 2006,

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

companies (1)
selling of the product concerned,

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

— By providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not

to a questionnaire

investigation of

an on-the-spot

replying

imply

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p. 1).

agree to its possible inclusion in the sample, it will
be deemed to not have co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

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

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).

sample

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

after having

consulted

Companies included in the sample must reply to a
questionnaire within the time limit set
in point 6
(b)(iii) and must co-operate within the framework of
the investigation.

forthcoming,

sufficient co-operation 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 below.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigations, 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 Russia, Thailand and Turkey, to any associa-
tion of exporters/producers, to the sampled importers, to
any association of importers named in the request or which
co-operated in the investigation leading to the measures
subject to the present reviews, and to the authorities of the
exporting countries concerned.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain or repeal the anti-dumping measures
would not be against the Community interest. For this reason,
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, 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), make them-
selves known and provide the Commission with information.
The parties which have acted in conformity with the previous
sentence may request a hearing, setting the particular reasons
why they should be heard, within the time limit set in point
It should be noted that any information submitted
6(a)(iii).
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

C 181/18

EN

Official Journal of the European Union

3.8.2006

6 Time limits

(a) General time limits

(i) F or p a r ti e s t o r e q u e st a q u e st i onna i r e

interested parties who did not cooperate in the
All
investigation leading to the measures subject to the
present reviews 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.

7. Written submissions, questionnaire replies and cor-

respondence

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 numbers of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by inter-
ested parties on a confidential basis shall be labelled as
‘Limited (1)’ and, in accordance with Article 19(2) of the basic
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘FOR INSPECTION BY INTER-
ESTED PARTIES’.

shall be

(ii) F or p a r ti e s

t o ma ke th e mse lve s know n,

t o
submi t q u e sti onn a i r e r e p li e s and a ny oth e r
i nf or 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 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 Journal of 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.

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

(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 points 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 point 5.1(a)(iv) must reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
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.

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

8. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, findings, 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 use of
facts available is made, the result may be less favourable to that
party than if it had cooperated.

9. Schedule of the investigation

The investigations 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.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It

3.8.2006

EN

Official Journal of the European Union

C 181/19

10. Possibility to request a review under Article 11(3) of

the basic Regulation

As the expiry review is initiated in accordance with the provi-
sions of Article 11(2) of the basic Regulation, the findings
thereof will not lead to the level of the existing measures being
amended but will
lead to those measures being repealed or
maintained in accordance with Article 11(6) of the basic Regu-
lation. The partial interim review based on Article 11(3) of the
basic Regulation, which is initiated in parallel,
is limited to
dumping aspects as far as Has Celik is concerned, and can
therefore not lead to the level of the measures for the other
exporting producers being amended either.

If any party to the proceeding considers that the review of the
continued imposition of the measures is warranted so as to
allow for the possibility to amend (i.e. increase or decrease) the
level of the existing anti-dumping measures, that party may
request a review in accordance with Article 11(3) of the basic
Regulation.

Parties wishing to request such a review, which would be
carried out independently of the expiry and partial
interim
reviews mentioned in this notice, may contact the Commission
at the address given above.