2007/704/EC: Commission Decision of 30 October 2007 repealing Decision 2001/602/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain iron or steel ropes and cables originating in the Czech Republic, the Republic of Korea, Malaysia, Russia, Thailand and Turkey
Date: 2007-10-30
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, import, iron, non-flat product, originating product, steel, third country

L 285/52

EN

Official Journal of the European Union

31.10.2007

COMMISSION DECISION

of 30 October 2007

repealing Decision 2001/602/EC accepting an undertaking offered in connection with the anti-
dumping proceeding concerning imports of certain iron or steel ropes and cables originating in
the Czech Republic, the Republic of Korea, Malaysia, Russia, Thailand and Turkey

(2007/704/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
countries not members of the European Community (1)
(the
‘basic Regulation’), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. EXISTING MEASURES

The Council, by Regulation (EC) No 1601/2001 (2),
imposed a definitive anti-dumping duty on imports of
certain iron or steel ropes and cables originating in the
Czech Republic, Russia, Thailand and Turkey (‘the
product concerned’).

The Commission, by Decision 2001/602/EC (3), accepted
price undertakings offered by Open Joint Stock Company
Cherepovetsky Staleprokatny Zavod, Russia (‘ChSPZ’) and
Usha Siam Steel
Ind., Public Company Ltd, Thailand
(‘Usha Siam’).

On 10 August 2004, the Commission initiated a partial
interim review of Regulation (EC) No 1601/2001 in
accordance with Article 11(3) of the basic Regulation,
limited in scope to the examination of dumping as far
are
as
concerned (4).

producer

another

Russian

ChSPZ

and

As explained in a notice published in the Official Journal
of the European Union (5), ChSPZ's name was changed to
Closed Joint Stock Company Severstal-Metiz, applicable
as of 1 January 2006.

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

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

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

(EC) No 564/2005 (OJ L 97, 15.4.2005, p. 1).

(3) OJ L 211, 4.8.2001, p. 47.
(4) OJ C 202, 10.8.2004, p. 12.
(5) OJ C 51, 1.3.2006, p. 2.

(5)

(6)

(7)

(8)

On 3 August 2006, the Commission initiated an expiry
review of Council Regulation (EC) No 1601/2001 (6).

On 22 March 2007 (7),
the Commission initiated a
partial
(EC) No
1601/2001 limited in scope to the examination of
dumping as far as Usha Siam is concerned.

interim review of

Regulation

All three investigations have been concluded by Council
Regulation (EC) No 1279/2007 (8) which imposed with
the
certain amendments
measures
for
Thailand and Turkey.

the duties
to the level of
for Russia and repealed the measures

B. WITHDRAWAL OF THE ACCEPTANCE OF THE
UNDERTAKING OF CLOSED JOINT STOCK COMPANY
SEVERTAL-METIZ, RUSSIA

As set out in recital 199-203 of Regulation (EC) No
1279/2007 and after having consulted all parties
the undertaking of Closed Joint Stock
concerned,
form is not
Company Severstal-Metiz in its current
appropriate
effect of
to counteract
dumping, since it presents considerable monitoring and
enforcement difficulties.

injurious

the

(9)

The interim review revealed that since the acceptance of
the undertaking in 2001 the product range of SSM had
changed significantly.

(10)

in classifying the different product

The undertaking classified the SWR produced by them in
a considerable number of product types with significant
price variations within each type. The review investi-
company had serious
gation confirmed that
the
problems
types
properly and in accordance with the terms of the under-
taking. This was partly due to accounting system
limitations which did not allow them to properly
distinguish between different
types.
Similar problems were already identified during the
monitoring of the undertaking and led to a warning
letter.

SWR product

(6) OJ C 181, 3.8.2006, p. 15.
(7) OJ C 66, 22.3.2007, p. 14.
(8) See page 1 of this Official Journal.

31.10.2007

EN

Official Journal of the European Union

L 285/53

(11)

It has therefore been concluded that the undertaking in
its current form is no longer workable.

(16)

D. REPEAL OF DECISION 2001/602/EC

light of

In the
accepting
from the
undertakings
mentioned above should be repealed,

the above, Decision 2001/602/EC
companies

two

(12) On this basis and in accordance with the relevant clauses
of the undertaking, which authorise the Commission to
unilaterally withdraw the acceptance of the undertaking,
the Commission has decided to withdraw acceptance of
the undertaking.

(13)

The Commission informed the Russian authorities and
the Russian exporting producer
it
proposed to withdraw the acceptance of
the current
undertaking. The interested parties were given the oppor-
tunity to comment.

concerned that

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2001/602/EC is hereby repealed.

Article 2

C. REPEAL OF THE ACCEPTANCE OF THE UNDER-
PUBLIC
TAKING OF USHA SIAM STEEL

IND.

COMPANY LTD., THAILAND

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Union.

(14)

In the light of the findings regarding Thailand and as set
out in recital 209 of Regulation (EC) No 1279/2007
anti-dumping measures against imports of the product
concerned originating in this country are repealed.

(15) As a consequence, the undertaking offered by Usha Siam

should be repealed.

Done at Brussels, 30 October 2007.

For the Commission

Peter MANDELSON
Member of the Commission