Council Regulation (EC) No 1459/2007 of 10 December 2007 amending Regulation (EC) No 1858/2005 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia , in South Africa
Date: 2007-12-10
Institutions: Council of the European Union
Subjects: South Africa, anti-dumping legislation, anti-dumping measure, import, non-flat product, originating product, steel

L 326/18

EN

Official Journal of the European Union

12.12.2007

COUNCIL REGULATION (EC) No 1459/2007

of 10 December 2007

amending Regulation (EC) No 1858/2005 imposing a definitive anti-dumping duty on imports of
steel ropes and cables originating, inter alia, in South Africa

THE COUNCIL OF THE EUROPEAN UNION,

(5)

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), and in
particular Articles 8 and 9 thereof,

Having regard to the proposal from the Commission, submitted
following the consultations with the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PREVIOUS INVESTIGATION AND EXISTING

MEASURES

In August 1999, the Council, by Regulation (EC) No
1796/1999 (2),
imposed a definitive anti-dumping duty
inter
on imports of steel ropes and cables originating,
alia, in South Africa.

In November 2005, following an expiry review pursuant
to Article 11(2) of the basic Regulation, the Council, by
Regulation (EC) No 1858/2005 (3), decided that the anti-
dumping measures applicable to imports of the product
concerned originating, inter alia, in South Africa should
be maintained.

By Decision 1999/572/EC (4) the Commission accepted a
price undertaking from a South African company, Scaw
Metals Group Haggie Steel Wire Rope (‘the company’).

As a result, imports into the Community of the product
concerned of South African origin, produced by the
company, and of the product type covered by the under-
taking (the ‘product covered’) were exempted from the
definitive anti-dumping duties.

(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 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 299, 16.11.2005, p. 1. Regulation as amended by Regulation

(EC) No 121/2006 (OJ L 22, 26.1.2006, p. 1).

(4) OJ L 217, 17.8.1999, p. 63. Decision as last amended by Decision

2006/38/EC (OJ L 22, 26.1.2006, p. 54).

(6)

(7)

(8)

(9)

(10)

In this regard it should be noted that certain types of
steel wire ropes and cables currently produced by the
company were excluded from the scope of the under-
taking. Accordingly, such steel wire ropes and cables
were subject to the payment of the anti-dumping duty
when entered into free circulation in the Community.

B. FAILURE TO COMPLY WITH THE UNDERTAKING

The undertaking offered by the company obliges it to,
inter alia, export the product covered to the European
Community above certain minimum prices (MIPs) as
stated in the undertaking.

It was acknowledged by the company that, with regard
to the exemption from the anti-dumping duties afforded
by the undertaking, such exemption is conditional upon
the presentation to the Community customs services of
an ‘undertaking
invoice’. Moreover,
company
undertook not to issue such undertaking invoices for
those types of product concerned which are
sales of
and which are
the undertaking
not
therefore liable to the anti-dumping duty. The company
also acknowledged that the undertaking invoices issued
had to contain the information set out in the Annex of
Regulation (EC) No 1858/2005.

covered by

the

The terms of the undertaking also oblige the company to
provide the Commission with regular and detailed infor-
mation, in the form of a quarterly report of its sales of
the product concerned to the European Community.
Such reports were to include the products covered by
the undertaking which benefited from the exemption
from the payment of the anti-dumping duty, as well as
those types of steel ropes and cables which are not
covered by the undertaking and which are therefore
subject to the anti-dumping duty.

It is clear that the aforementioned sales reports should
be, as submitted, complete, exhaustive and correct in all
particulars and that the transactions fully comply with
the terms of the undertaking.

For the purpose of ensuring compliance with the under-
taking, the Company also undertook to allow on-the-
spot verification visits at its premises in order to verify
the accuracy and veracity of the data submitted in the
said quarterly reports and to provide all
information
considered necessary by the Commission.

12.12.2007

EN

Official Journal of the European Union

L 326/19

(11)

It should be noted that the company had already received
a warning letter from the Commission services on 28
October 2003 for breaching the undertaking by issuing
undertaking invoices for products not covered by the
to the anti-
undertaking but otherwise being subject
dumping measures. The warning letter stated that
in
view of the particular circumstances under which these
breaches took place it was not intended to withdraw the
acceptance of the undertaking, but it was also pointed
out that any subsequent infringement of the undertaking,
even of a minor nature, would make it difficult for the
Commission to maintain the acceptance of the under-
taking from the company.

(12) A verification visit was carried out on 5-6 February 2007
at the premises of the company in South Africa.

(13)

The verification visit to the company established that the
company issued undertaking invoices for steel ropes and
cables not covered by the undertaking but otherwise
subject to the anti-dumping measures. It also established
that the company failed to meet its obligation to respect
the MIP on one occasion. Moreover, the company issued
undertaking invoices not in conformity with the Annex

of Regulation (EC) No 1858/2005. Furthermore, during
the verification visit, it was established that the quarterly
undertaking sales reports as submitted by the company
were not complete, exhaustive and correct in all parti-
culars.

(14)

Commission Decision 2007/1459/EC (1) sets out in more
detail the nature of the breaches found,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(5), Article 2 and the Annex of Regulation (EC) No
1858/2005 shall be deleted, and Article 1(6) thereof shall be
renumbered as Article 1(5), and also Article 3 thereof shall be
renumbered as Article 2.

Article 2

This Regulation shall enter into force on the day following 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, 10 December 2007.

For the Council
The President

L. AMADO

(1) See page 18 of this Official Journal.