Proposal for a COUNCIL REGULATION imposing a definitive anti-dumping duty on imports of synthetic fibre ropes originating in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
Date: 2010-11-29
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, man-made fibre, textile industry, textile product

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EUROPEAN COMMISSION 

Brussels, 29.11.2010 
COM(2010) 703 final 

2010/0341 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty on imports of synthetic fibre ropes originating 
in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) 
No 1225/2009 

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EXPLANATORY MEMORANDUM 

1) 

CONTEXT OF THE PROPOSAL  

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  1225/2009  of 
30 November 2009 on protection against dumped imports from countries not members 
of the European Community (‘the basic Regulation’) in the expiry review concerning 
imports of synthetic fibre ropes originating in India. 

•  General context 

This proposal is made in the context of implementation of the basic Regulation and is 
the  result  of  an  investigation  which  was  carried  out  in  line  with  the  substantive  and 
procedural requirements laid out in the basic Regulation. 

•  Existing provisions in the area of the proposal 

A  definitive  anti-dumping  duty  on  imports  of  synthetic  fibre  ropes  was  imposed  by 
Council Regulation (EC) No 1312/98 (OJ L 271, 19.8.2004, p. 1). This anti-dumping duty 
was  maintained  following  an  expiry  review  pursuant  to  Article  11(2)  of  the  basic 
Regulation by Council Regulation (EC) 1736/2004 (OJ L 311, 8.10.2004, p. 1). 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Interested parties concerned by the proceeding have had the possibility to defend their 
interests during the investigation, in line with the provisions of the basic Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The basic Regulation does not provide for a general impact assessment but contains an 
exhaustive list of conditions that have to be assessed. 

3) 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

On  7  October  2009,  the  Commission  announced  by  a  notice  (‘Notice  of  initiation’), 
published  in  the  Official  Journal  of  the  European  Union,  the  initiation  of  an  expiry 

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review  of  the  anti-dumping  measures  applicable  to  imports  of  synthetic  fibre  ropes 
originating in India. 

The  review  was  initiated  following  a  substantiated  request  lodged  by  the  Liaison 
Committee of the EU Twine, Cordage and Netting Industries (Eurocord) on behalf of 
Union producers representing a major proportion, in this case more than 50 % of the 
Union production of synthetic fibre ropes.  

The  enclosed  Commission  proposal  for  a  Council  Regulation  imposing  anti-dumping 
duties  contains  the  definitive  conclusions  regarding  the  likelihood  of  continuation  or 
recurrence  of  dumping  and  injury  and  Union  interest.  The  investigation  showed  that 
there is a likelihood of recurrence of injurious dumping to the Union industry should 
measures be repealed. 

It  is  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Regulation  which 
should be published in the Official Journal of the European Union by 6 January 2011 
at the latest. 

•  Legal basis 

Council  Regulation  (EC)  No  1225/2009  of  30  November  2009  on  protection  against 
dumped imports from countries not members of the European Community (‘the basic 
Regulation’). 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Union.  The  subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The form of action is described in the basic Regulation and leaves no scope for national 
decision. 

Indication of how financial and administrative burden falling upon the Union, national 
governments,  regional  and  local  authorities,  economic  operators  and  citizens  is 
minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

Proposed instruments: Regulation. 

Other means would not be adequate for the following reason: 

The above-mentioned basic Regulation does not provide for alternative options. 

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4) 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2010/0341 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty on imports of synthetic fibre ropes originating 
in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) 
No 1225/2009 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection 
against dumped imports from countries not members of the European Community1 (‘the basic 
Regulation’), and in particular Article 11(2) thereof, 

Having  regard  to  the  proposal  submitted  by  the  European  Commission  ('the  Commission') 
after consulting the Advisory Committee,  

Whereas: 

1. 

(1) 

(2) 

2. 

(3) 

A. 

PROCEDURE 

Measures in force 

By  Regulation  (EC)  No  1312/982, 
the  Council,  following  an  anti-dumping 
investigation  (‘the  original  investigation’)  imposed  definitive  anti-dumping  duties 
(‘the original measures’) on imports of synthetic fibre ropes originating in India. The 
duty  levels  imposed  were  53  %  for  one  Indian  exporting  producer  and  82  %  for  all 
other imports originating in India ('the country concerned').  

Following  an  expiry  review  pursuant  to  Article  11(2)  of  the  basic  Regulation  ('the 
previous expiry review'), the Council maintained these measures by Regulation (EC) 
No 1736/20043.  

Request for a review 

A request for an expiry review pursuant to Article 11(2) of the basic Regulation was 
lodged  on  4  May  2009  by  the  Liaison  Committee  of  the  EU  Twine,  Cordage  and 
Netting  Industries  (Eurocord)  ('the  applicant')  on  behalf  of  Union  producers 
representing a major proportion, in this case more than 50 % of the Union production 
of synthetic fibre ropes.  

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3 

OJ L 343, 22.12.2009, p. 51. 
OJ L 183, 26.6.1998, p. 1. 
OJ L 311, 8.10.2004, p. 1. 

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(4) 

(5) 

The request was based on the grounds that expiry of the measures would be likely to 
result in a recurrence of dumping and injury to the Union industry.  

Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed for the initiation of a review, the Commission announced on 7 October 2009, 
by a notice of initiation published in the Official Journal of the European Union4 ('the 
Notice of initiation'), the initiation of an expiry review pursuant to Article 11(2) of the 
basic Regulation. 

3. 

Investigation 

3.1. 

Investigation period 

(6) 

The  investigation  concerning  the  likelihood  of  a  continuation  or  recurrence  of 
dumping  covered  the  period  between  1  October  2008  and  30  September  2009  (the 
‘review  investigation  period’  or  ‘RIP’).  The  examination  of  trends  relevant  for  the 
assessment of a likelihood of a continuation or recurrence of injury covered the period 
between 1 January 2006 and the end of the RIP (the 'period considered').  

3.2. 

Parties concerned by this investigation 

(7) 

(8) 

4. 

(9) 

The  Commission  officially  advised  the  known  Union  producers,  the  exporters  and 
exporting  producers  in  the  country  concerned,  the  representatives  of  the  country 
concerned,  importers  as  well  as  an  association  of  users  which  were  known  to  be 
concerned, of the initiation of the expiry review. 

Interested parties were given an opportunity to make their views known in writing and 
to request a hearing within the time limits set in the Notice of initiation. All interested 
parties,  who  so  requested  and  showed  that  there  were  particular  reasons  why  they 
should be heard, were granted a hearing. 

Sampling  

In view of the apparent high number of Union producers and exporting producers in 
India  it  was  considered  appropriate,  in  accordance  with  Article  17  of  the  basic 
Regulation,  to  examine  whether  sampling  should  be  used.  In  order  to  enable  the 
Commission  to  decide  whether  sampling  would  be  necessary  and,  if  so,  to  select  a 
sample, the above parties were requested to make themselves known within 15 days of 
the  initiation  of  the  review  and  to  provide  the  Commission  with  the  information 
requested in the Notice of initiation.  

(10)  A  total  of  five  Indian  producers,  two  of  which  belonging  to  the  same  group,  came 
forward  and  provided  the  requested  information  within  the  given  deadline  and 
expressed a wish to be included in the sample. Four of these five companies produced 
and  exported  the  product  concerned  to  the  Union  market  during  the  RIP.  The  fifth 
company  did  not  export  the  product  concerned  to  the  Union  market  during  the  RIP. 
All five companies were regarded as co-operating companies and were considered for 
sampling.  The  level  of  cooperation  from  India,  i.e.  the  percentage  of  exports  to  the 
Union by the  Indian cooperating companies as compared to all Indian exports to the 

4 

OJ C 240, 7.10.2009, p. 6. 

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Union could not be calculated as the total exports to the Union during the RIP reported 
by the five cooperating companies was significantly higher than the volume registered 
by Eurostat for all exports from India, for the reasons detailed in recitals (21) to (23) 
below.  

(11)  The sample was selected in agreement with the Indian authorities and included those 
four  companies  which  reported  export  sales  to  the  Union.  Two  of  the  four  sampled 
companies  were  related.  It  is  recalled  that  in  the  original  investigation  only  one 
exporting  producer  cooperated  and  it  is  at  present  subject  to  an  individual  anti-
dumping duty. It is also recalled that in the previous expiry review none of the Indian 
exporting  producers  cooperated  and  therefore,  in  accordance  with  the  provisions  of 
Article 18(1) of the basic Regulation, the findings were based on the facts available. . 

(12)  Eighteen  Union  producers  (all  fifteen  complainants  and  three  further  producers, 
altogether  representing  78  %  of  the  total  Union  production)  provided  the  requested 
information and agreed to be included in the sample. On the basis of the information 
received from the cooperating Union producers, the Commission selected a sample of 
five Union producers representing ca. 40 % of the Union industry as defined in recital 
(40) below and about half of the sales by all cooperating Union producers to unrelated 
customers  in  the  Union.  The  sample  was  selected  on  the  basis  of  the  largest 
representative sales volume and geographical coverage of producers within the Union 
that  could  reasonably  be  investigated  within  the  time  available.  One  of  the  five 
sampled  Union  producers  started  operating  during  the  period  considered,  therefore 
their data were not used in the analysis of the trends of injury indicators, in order to 
avoid  distortions  in  those  trends.  Nonetheless  the  figures  of  the  other  four  sampled 
Union producers used for the analysis of those trends remained representative.  

(13)  The Commission sent questionnaires to the five sampled Union producers as well as to 

the four sampled Indian exporting producers.  

(14)  Questionnaire replies were received from all five sampled Union producers. Out of the 
four sampled Indian exporting producers, one ceased cooperating while the other three 
(two of which related) replied to the questionnaire within the given deadlines. For this 
reason,  in  the  end  the  sample  of  Indian  exporting  producers  consisted  of  those  three 
Indian companies that replied to the questionnaire. 

5. 

Verification of information received 

(15)  The Commission sought and verified all the information it deemed necessary for the 
purpose  of  the  determination  of  the  continuation  or  likelihood  of  recurrence  of 
dumping  and  injury  and  of  the  Union  interest.  Verification  visits  were  carried  out  at 
the premises of the following companies: 

5.1. 

Exporting producers in India 

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AXIOM IMEX INTERNATIONAL LTD., Boisar, 

TUFROPES PRIVATE LIMITED, Silvassa, 

INDIA NETS, Indore; 

5.2. 

Union producers 

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– 

– 

– 

– 

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CORDOARIA OLIVEIRA SÁ (Portugal), 

EUROROPE SA (Greece), 

LANEX A.S. (Czech Republic), 

LANKHORST EURONETE ROPES (Portugal), 

TEUFELBERGER Ges.m.b.H. (Austria). 

B. 

PRODUCT CONCERNED AND LIKE PRODUCT 

1. 

Product concerned 

(16)  The  product  concerned  is  the  same  as  in  the  original  investigation  and  is  defined  as 
follows:  twine,  cordage,  ropes  and  cables,  whether  or  not  plaited  or  braided  and 
whether  or  not  impregnated,  coated,  covered  or  sheathed  with  rubber  or  plastics,  of 
polyethylene  or  polypropylene,  other  than  binder  and  baler  twine,  measuring  more 
than  50  000  decitex  (5  g/m),  as  well  as  of  other  synthetic  fibres  of  nylon  or  other 
polyamides  or  of  polyesters,  measuring  more  than  50  000  decitex  (5  g/m).  It  is 
currently falling within CN codes 5607 49 11, 5607 49 19, 5607 50 11 and 5607 50 
19.  The  product  concerned  is  used  for  a  wide  variety  of  marine  and  industrial 
applications,  in  particular  for  shipping  (especially  for  mooring  purposes),  and  the 
fishing industry. 

(17)  One interested party claimed that the mooring ropes referred to above are not falling 
within the definition of the product concerned as, due to the splices attached to these 
ropes, such products should be declared as "articles of ropes" which belong to another 
CN code (see also in recital (23) below). It should be noted however, that the reference 
to mooring ropes is made only in the context of applications of different types of the 
product  concerned  which  are  all  defined  as  synthetic  fibre  ropes  as  set  out  in  the 
previous recital.  

2. 

Like product 

(18)  As shown in the original investigation, and as confirmed in the present investigation, 
the product concerned and the synthetic fibre ropes produced and sold by the Indian 
exporting producers  on  their  domestic market as well as those produced and sold by 
the Union producers in the Union are in all respects identical and share the same basic 
physical and chemical characteristics. Therefore, they are considered to be alike within 
the meaning of Article 1(4) of the basic Regulation. 

(19)  One interested party has claimed that the product manufactured by the Union industry 
is  not  comparable  with  the  product  concerned  given  that  the  Union  producers  had 
started  using  a  new  type  of  raw  material  called  Dyneema,  which  is  much  more 
expensive  than  other  raw  materials  as  products  based  on  it  have  much  better 
resistance.  Indeed  the  sampled  Indian  producers  are  not  using  this  type  of  raw 
material.  However,  it  should  firstly  be  noted  that  the  products  in  question  represent 
only a small part of the products sold by Union producers. Indeed, albeit it is correct 
that this type of fibre is increasingly used by some Union producers, Dyneema ropes 
account for only a minor fraction of Union production. Therefore, while the significant 
difference in the cost of raw material (potentially around 25-30 times more expensive) 

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can  have  some  impact  notably  on  the  injury  indicator  concerning  the  average  sales 
price of the Union industry, the impact of Dyneema ropes  on the  overall assessment 
remains limited due to the overwhelming quantity of "standard" ropes produced in the 
Union. Secondly, all calculations of this expiry review were based on the comparison 
of  corresponding  product  types,  which  takes  account  of  different  raw  materials. 
Therefore  the  calculations  cannot  be  distorted  by  a  difference  in  the  product  mix.  In 
any  event,  the  product  which  uses  the  raw  materials  such  as  Dyneema,  still  has  the 
same basic physical and chemical characteristics as the product concerned. The claim 
was therefore rejected. 

C. 

LIKELIHOOD OF A CONTINUATION OR RECURRENCE OF DUMPING 

(20) 

In  accordance  with  Article  11(2)  of  the  basic  Regulation,  it  was  examined  whether 
dumping  was  likely  to  continue  or  recur  upon  a  possible  expiry  of  the  measures  in 
force against India. 

1. 

Volume of imports 

(21)  On  the  basis  of  Eurostat  data,  the  volume  of  imports  of  the  product  concerned  from 
India was insignificant throughout the period considered. During the RIP the volume 
of imports from India was 31 tonnes i.e. less than 0,1 % of Union consumption during 
the RIP: 

(tonnes) 

India 

2006 

2007 

2008 

RIP 

3 

4 

19 

31 

Imports of the product concerned from India, source - Comext 

(22)  However,  according  to  verified  data,  the  three  companies  included  in  the  sample 
shipped significantly higher volumes of the product concerned to the Union during the 
RIP  than  the  volumes  reported  in  Eurostat.  In  this  respect  it  is  recalled  that  in  the 
original investigation, importers provided information showing that some quantities of 
the product concerned purchased from India had not been released into free circulation 
on  the  Union  market  but  were  put  into  bonded  warehouses  and  sold  to  ocean-going 
ships or offshore platforms. One complaining producer reiterated this argument in the 
present investigation. Due to lack of co-operation of port traders in the investigation, 
this claim could not be verified. However, on the basis of the customer list submitted 
by the sampled exporting producers, it was apparent that most of the customers were 
indeed shipping, maritime and offshore suppliers in the Union ports. On the basis of 
the  above  it  appears  that  the  difference  between  the  statistical  data  and  the  reported 
figures is due to such sales. 

(23) 

It should also be mentioned that the request for expiry review contained allegations on 
the possible existence of circumvention practices. In this respect, the applicant claimed 
that certain volumes of synthetic fibre ropes from India entered into the Union under 
CN  heading  5609  (Articles  of  […]  twine,  cordage,  ropes  or  cables)  which  is  not 
subject to measures. However, no information was found in the present investigation 
to support this view. 

(24)  On  the  basis  of  the  above,  it  is  considered  that  31  tonnes  of  the  product  concerned 
were actually imported from India into the customs territory of the Union in the RIP. 
As concerns the verified export sales to the Union ports, which had not been released 

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into free circulation on the Union market, by the three sampled Indian producers, these 
sales are considered as part of Indian exports to other third countries.  

(25)  Given the absence of significant import volumes from India into the Union, these did 
not  form  a  basis  for  a  representative  analysis  for  the  likelihood  of  a  continuation  of 
dumping or injury. Indeed in view of such limited actual import volumes it cannot be 
concluded  that  injurious  dumping  from  India  existed  during  the  RIP.  Therefore,  the 
analysis  focused  on  the  likelihood  of  recurrence  of  dumping  and  injury  should  the 
measures be allowed to expire. 

2. 

Likely development of imports should measures be repealed 

2.1. 

Production capacity 

(26) 

(27) 

It  has  been  examined  whether  there  is  unused  production  capacity  in  the  country 
concerned  which  would  create  a  potential  for  the  resumption  of  dumped  exports  in 
case the measures were repealed. 

It  has  been  found  that  the  production  capacity  of  the  three  sampled  exporting 
producers  sharply  increased  between  2007  and  the  RIP  while  capacity  utilisation 
decreased at the same time. The spare capacities of the three companies were around 
75  %  of  Union  consumption  in  the  RIP.  This  points  to  a  likely  increase  in  export 
volumes to the Union should the measures be allowed to expire.  

(28)  Concerning  the  other  producers  of  synthetic  fibre  ropes  in  India,  it  is  known  that 
Garware,  the  company  which  stopped  cooperation  after  the  sampling  phase,  is  an 
important producer and according to its official website it has a significant production 
capacity.  In  addition,  the  request  for  expiry  review  lists  four  other  large  Indian 
producers. There are also several medium and small sized Indian producers which had 
mainly domestic sales. In the absence of cooperation from these Indian producers their 
production  capacity  is  not  known,  but  it  can  be  assumed  that  the  trend  of  the 
cooperating  companies  is  comparable  and  thus  these  producers  have  further  spare 
capacity.  

(29)  Following the disclosure of the findings, all sampled Indian producers challenged the 
data relating to their aggregate spare capacity. However, all those data were actually 
reported  by  the  companies  themselves  and  were  verified  by  way  of  on  spot 
investigations at each of them. Therefore these claims were rejected. 

2.2. 

Volume of sales to Union ports and to other export markets 

(30)  The  volume  of  export  sales  of  the  three  sampled  exporting  producers  to  other  third 
countries, including Union port  sales  which  do not enter the  customs  territory of the 
Union,  are  significant  and  increased  by  around  80  %  during  the  period  considered, 
representing almost half of the total sales of the exporting producers during the RIP. 

(31)  Actual  imports  to  the  Union  have  practically  stopped  after  the  imposition  of  the 
original measures. However, it must be noted that the sampled producers' volume of 
export sales to Union ports considerably increased in the period considered, from 61 to 
785 tonnes. Given that actual import sales to the Union are made in part via the same 
sales  channels  as  the  products  sold  at  Union  ports,  this  increasing  presence  at  the 
doorstep  of  the  Union  market  may  indicate  that,  in  the  absence  of  measures,  the 

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sampled Indian producers – and maybe others as well – could start selling substantial 
quantities of the product concerned on the Union market within a short period of time. 

(32) 

In view of the above-mentioned export orientation of the Indian producers as well as 
their  growing  presence  in  the  Union  ports,  it  can  be  concluded  that  it  is  highly 
probable that if the measures were allowed to expire then Indian export quantities to 
the Union would significantly increase.  

(33)  Following the disclosure of the findings of the review, an Indian producer pointed out 
that Indian exports are well diversified around the world, among markets with growth 
potential, thus exports to the Union would not resume in substantial quantities in the 
absence  of  measures.  It  is  acknowledged  that  some  Indian  producers  may  have 
diversified  export  sales  to  different  markets;  however,  this  cannot  be  considered  as 
sufficient to alter the conclusions drawn on the basis of the above mentioned findings.  

2.3. 

Relationship between export prices to third countries and normal value 

(34)  An  indicative  dumping  calculation  was  made  on  the  basis  of  the  verified  sales  to 
Union  ports  of  the  three  sampled  exporting  producers,  which,  though  considered  as 
part  of  export  sales  to  other  third  countries,  provide  a  good  indication  for  potential 
prices of Indian synthetic fibre ropes in the absence of duties. The normal values were 
based on the domestic prices on the Indian market. Based on these figures, dumping 
was established for two of the three sampled Indian producers. The dumping margins 
were found to be on average 10 % which can be considered as significant even though 
much lower than those established in the original investigation. 

(35)  A  comparison  of  prices  achieved  by  the  three  sampled  exporting  producers  on  other 
third country markets (excluding Union port sales) with their domestic prices showed 
a similar result although the dumping margins established on this basis were lower.  

(36)  Following  the  disclosure  of  the  findings  of  this  investigation,  one  Indian  producer 
claimed  that  no  dumping  was  found  in  respect  of  Indian  imports  to  the  Union. 
However,  there  were  almost  no  actual  imports  either.  In  addition,  dumping  was 
established for both sales to Union ports and sales to other third countries. Therefore 
this claim was dismissed. 

(37)  Another interested party claimed that the dumping margins established by this review 
cannot be considered significant when compared to the existing duty levels, given the 
significant difference in labour costs between the Union and Asia. It should be noted 
however,  that  labour  costs  in  the  Union  are  irrelevant  for  the  calculation  of  the 
dumping margin. 

3. 

Conclusion on the likelihood of a recurrence of dumping 

(38)  On  the  basis  of  the  above  analysis  it  is  concluded  that  the  exporting  producers  have 
vast  production  potential  to  restart  exporting  to  the  Union  if  the  measures  were 
allowed to expire. Concerning prices, two sampled producers were found to be selling 
at dumped prices to other third countries. In addition, also considering Garware which 
stopped  cooperating,  there  are  five  other  large  exporting  producers  listed  in  the 
complaint which, on the basis of the information available, can be assumed to follow 
the trend of the companies found selling at dumped prices to other third countries.  

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(39)  The  indication  that  Indian  exporting  producers  keep  a  strategic  interest  in  the  Union 
market,  demonstrated  by  their  increasing  volumes  of  export  sales  to  Union  ports, 
together  with  a  huge  spare  capacity  available  make  it  likely  that  they  would  resume 
exports to the Union in significant quantities should the measures lapse. Taking into 
account  the  pricing  behaviour  of  the  Indian  exporters  on  third  country  markets  it  is 
highly probable that a resumption of exports would take place at dumped prices. It is 
therefore  concluded  that  the  expiry  of  measures  is  likely  to  lead  to  a  recurrence  of 
dumping. 

D. 

DEFINITION OF THE UNION INDUSTRY 

(40)  The Union producers accounting for the total Union production constitute the Union 
industry  within  the  meaning  of  Article  4(1)  of  the  basic  Regulation.  The  number  of 
Union producers can be estimated at around 40. 

(41)  The  fifteen  Union  producers  on  whose  behalf  the  request  for  the  expiry  review  was 
lodged  by  the  complainant  association,  and  three  other  Union  producers  submitted 
information  for  the  selection  of  the  sample  requested  in  the  Notice  of  initiation.  As 
mentioned in recital (12) above, a sample of five producers, representing ca. 40 % of 
the Union industry, was investigated in detail. The sample consisted of the following 
companies: 

– 

– 

– 

– 

– 

CORDOARIA OLIVEIRA SÁ (Portugal), 

EUROROPE SA (Greece), 

LANEX A.S. (Czech Republic), 

LANKHORST EURONETE ROPES (Portugal), 

TEUFELBERGER Ges.m.b.H. (Austria). 

(42)  As  already  stated  in  recital  (12)  above,  the  eighteen  cooperating  Union  producers 

represented 78 % of total Union production during the RIP. 

E. 

SITUATION ON THE UNION MARKET 

1. 

Consumption in the Union market 

(43)  Union  consumption  of  synthetic  fibre  ropes  was  established  on  the  basis  of  sales 
volumes  of  the  Union  industry  on  the  Union  market  (including  the  sales  of  non-
cooperating  Union  producers  as  estimated  by  the  complainant  association)  plus  all 
imports into the Union, as based on Eurostat. 

(44)  On the above basis it can be established that during the period considered, the Union 
consumption  has  decreased  by  7  %.  In  particular,  after  having  increased  by  16  % 
between 2006 and 2007, the consumption dropped by 20 % between 2007 and the RIP. 

Total Union consumption (tonnes) 

Index (2006=100) 

2006 

2007 

2008 

RIP 

 34 318 

 39 816 

 36 777 

 31 944 

100 

116 

107 

93 

EN 

12 

   EN 

  
 
Source: Investigation (sampled Union producers), Complainant (non-sampled Union producers), 
Eurostat (imports) 

2. 

Imports from India 

(45)  As mentioned in recital (21) above, actual Indian imports to the Union were negligible 
throughout the period considered due to the effective anti-dumping measures in force. 

(46)  However, as explained in recital (22) above, there is an increasing presence of Indian 
producers at the doorstep of the Union market, by way of export sales to the EU ports 
not being subject to customs clearance and thus free of the said anti-dumping duties. 

3. 

Prices and volume of Indian exports to other third countries 

(47)  Since  actual  Indian  imports  to  the  Union  were  negligible,  a  price  comparison  was 
made between prices of Indian exports to other third countries (including the exports 
sold to Union ports not subject to the anti-dumping duties) and prices of Union sales 
made by the sampled Union industry producers. 

(48)  On this basis it was established that Indian exports to other third countries were made 
at  sales  prices  significantly  lower  than  those  of  the  Union  industry.  The  price 
difference  thus  established  reached  the  level  of  46  %  and  on  average  amounted  to 
18 %. 

(49)  The value of Indian export sales to other third countries increased by more than 30 % 
during the period considered. Such sales represented close to half of the total turnover 
of the sampled Indian exporting producers during the RIP.  

4. 

Imports from other countries 

(50)  Despite the drop in consumption by 7 % on the Union market, the volume of imports 
from  other  third  countries  has  increased  during  the  period  considered  by  18 %. 
Thereby the market share of these imports has increased from 17 % to 22 %. 

(51) 

It should be noted that imports from the People's Republic of China ('PRC') increased 
by  46  %  during  the  period  considered,  reaching  a  market  share  of  8,6  %  (up  from 
5,5 %  in  2006).  Although  a  precise  comparison  cannot  be  carried  out  due  to  the 
general nature of Eurostat data which are not detailed by product type, it appears that 
the  average  price  of  Chinese  imports  to  the  Union  is  substantially  higher  than  the 
average price of Indian export sales. In addition, the average price of Chinese imports 
seems to be in line with the prices of the Union industry.  

(52) 

Imports  from  the  Republic  of  Korea  ('Korea')  to  the  Union  had  a  market  share 
constantly remaining around the level of 3 % during the period considered. Also, the 
volume of these imports has decreased by 6 % in line with the shrinking consumption.  

(53) 

Imports from any other third country represented less than 2 % of market share on the 
Union market of synthetic fibre ropes during the RIP. 

5. 

Economic situation of the Union industry 

5.1. 

Preliminary remarks 

EN 

13 

   EN 

(54)  All injury indicators listed in Article 3(5) of the basic Regulation have been analysed. 
As  concerns  the  indicators  on  the  sales  volume  and  the  market  share  of  Union 
producers,  these  have  been  analysed  on  the  basis  of  data  collected  for  all  Union 
producers  i.e.  the  Union  industry.  As  regards  all  other  injury  indicators,  their 
examination was based on the information submitted by the sampled Union producers 
as  verified  at  the  premises  of  each  company  as  mentioned  in  recital  (15)  above.  As 
already  stated  in  recital  (12)  above,  one  of  the  Union  producers  started  operating 
during the period considered, therefore their data were not used in the analysis of the 
trends of injury indicators, in order to avoid distortions in those trends. 

5.2. 

Sales volume of the Union industry 

(55)  Sales  of  the  Union  industry  have  decreased  substantially  by  12  %  over  the  period 
considered. As already stated in recital (44) above, Union consumption has decreased 
by  7  %  over  the  period  considered,  with  a  particularly  sharp  drop  starting  from  the 
year 2007. It should be highlighted that the sales volume of the Union industry on the 
Union market has decreased at a higher pace than the fall in consumption:  

Union sales volume of the Union industry 
(tonnes) 

2006 

2007 

2008 

RIP 

 28 393 

 32 161 

 28 911 

 24 955 

Index (2006=100) 
88 
Source: Investigation (sampled Union producers), Complainant (non-sampled Union producers) 

100 

113 

102 

5.3. 

Market share of the Union industry 

(56)  The developments outlined in the preceding recital and the above table have resulted 
in  a  loss  of  market  share  of  the  Union  industry  between  2006  and  the  RIP.  The 
reduction of the Union industry market share was continuous, with the loss amounting 
to 4,6 percentage points: 

Market share of the Union industry (%) 

2006 

2007 

2008 

RIP 

82,7 % 

80,8 % 

78,6 % 

78,1 % 

Index (2006=100) 
Source: Investigation (sampled Union producers), Complainant (non-sampled Union producers) 

100 

98 

95 

94 

(57) 

It should be noted that the above loss of market share of the Union industry was in a 
large  part  due  to  the  increased  market  share  of  Chinese  imports  (see  recital  (50) 
above). 

5.4. 

Production, production capacity and capacity utilisation 

(58) 

In  line  with  the  development  of  the  sales  volumes,  the  production  volume  of  the 
sampled Union producers has fallen at a comparable rate, by 17 % during the period 
considered. The production capacity increased by 5 % over the same period. This lead 
to a drop of 20 per cent in capacity utilisation between 2008 and the RIP:  

Production (tonnes) 

Index (2006=100) 

2006 

2007 

2008 

RIP 

 11 229 

 12 286 

 12 150 

 9 372 

100 

109 

108 

83 

EN 

14 

   EN 

 
 
 
 
 
 
Production capacity (tonnes) 

Index (2006=100) 

Capacity utilisation (%) 

 21 510 

 23 467 

 23 278 

 22 480 

100 

109 

108 

105 

52,2 % 

52,4 % 

52,2 % 

41,7 % 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

100 

100 

100 

80 

5.5. 

Stocks 

(59)  Regarding stocks, in general producers of synthetic fibre ropes keep the levels of their 
stocks at a rather low level as most of the production is made upon demand. It could 
be  observed  that  during  the  period  considered,  average  stocks  showed  a  decrease, 
notably  in  the  RIP,  which  was  largely  due  to  the  reductions  in  the  manufacturing  of 
synthetic fibre ropes. 

Closing stock (tonnes) 

2006 

2007 

2008 

RIP 

1 073 

 982 

1 156 

 905 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

5.6. 

Sales prices  

100 

92 

108 

84 

(60)  Average prices of the like product sold in the Union by the sampled Union producers 
have increased to some extent throughout the period considered, in particular between 
2007 and the RIP: 

Average unit sales price of the Union 
industry (EUR / tonne) 

2006 

2007 

2008 

RIP 

5 268 

5 229 

5 670 

5 766 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

100 

99 

108 

109 

(61) 

It  should  be  noted,  however,  that  the  above  average  sales  price  is  calculated  on  the 
basis  of  all  product  types  including  synthetic  fibre  ropes  of  the  highest  value,  for 
example  synthetic  fibre  ropes  based  on  the  raw  material  called  Dyneema.  The  price 
variation among these different product types is indeed huge (see recital (19) above). 
In the recent years the Union industry has increased the manufacturing of higher value 
products thus such synthetic fibre ropes represent a growing share within their product 
mix. Such recent changes in the product mix are one of the reasons for the increase of 
the average unit sales prices of the Union industry. 

5.7. 

Profitability  

(62)  Thanks in part to the effective measures in force and in part to the diversification of its 
product mix, the sampled Union producers were able to maintain a stable and healthy 
level of profitability throughout the period considered: 

Profitability of the Union industry (%) 

2006 

2007 

2008 

RIP 

9,7 % 

11,1 % 

10,0 % 

12,4 % 

EN 

15 

   EN 

 
 
 
 
 
 
 
Index (2006=100) 
Source: Investigation (sampled Union producers) 

5.8. 

Investments and ability to raise capital 

100 

115 

104 

128 

(63) 

Investments were at relatively high levels in the years of 2006 and 2007, after which 
they fell to half of the previous amount. During the RIP, virtually no investments were 
made.  

Net investments (EUR) 

2006 

2007 

2008 

RIP 

3 574 130 

3 886 212 

1 941 222 

 168 877 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

5.9. 

Return on investments  

100 

109 

54 

5 

(64) 

In  line  with  the  stable  profitability  trend,  the  return  on  investments  also  increased 
throughout the period considered. 

Return on investments (%) 

2006 

2007 

2008 

RIP 

21,4 % 

25,5 % 

26,1 % 

28,4 % 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

100 

119 

122 

132 

5.10.  Cash flow 

(65)  The  cash  flow  of  the  sampled  Union  producers  remained  at  relatively  stable  levels 

during the period considered: 

Cash flow (EUR) 

2006 

2007 

2008 

RIP 

6 033 496 

7 973 188 

7 790 847 

6 911 360 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

5.11. 

Employment, productivity and labour costs 

100 

132 

129 

115 

(66)  The employment situation of the sampled Union producers was developing positively 
between  2006  and  2008.  However,  from  2008  to  the  RIP  there  was  a  decline  in 
employment  due  to  the  decreasing  demand  on  the  market.  The  fall  in  demand, 
resulting in reduced production, also lead to a drop in productivity between 2008 and 
the RIP. As concerns the annual labour costs per employee, this increased until 2008, 
followed by a slight decrease during the RIP. 

Employment (persons) 

Index (2006=100) 

2006 

2007 

2008 

RIP 

 638 

100 

 665 

104 

 685 

107 

 623 

98 

Annual labour costs per employee (EUR) 

12 851 

13 688 

14 589 

14 120 

Index (2006=100) 

100 

107 

114 

110 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
Productivity (tonnes per employee) 

Index (2006=100) 
Source: Investigation (sampled Union producers) 

 17,6 

 18,4 

 17,7 

 15,0 

100 

105 

101 

85 

5.12.  Growth 

(67)  Between  2006  and  the  RIP,  whilst  the  Union  consumption  decreased  by  7  %  (see 
recital  (44)  above),  the  volume  of  sales  by  the  Union  industry  on  the  Union  market 
decreased by 12 %, and the Union industry’s market share decreased by 6 percentage 
points  (see  recitals  (55)  and  (56)).  On  the  other  hand,  while  the  volume  of  actual 
Indian  imports  remained  negligible  due  to  the  measures  in  force,  the  volume  of 
imports  from  other  countries  grew  by  18  %  (mostly  due  to  imports  from  the  PRC), 
gaining an additional 5 percentage points of market share (see recital (50) above). It is 
thus concluded that the Union industry was more affected by the drop in consumption 
and thus experienced a more substantial loss in sales volume than other players on the 
market. 

5.13.  Magnitude of the dumping margin 

(68)  Due to the fact that imports of the product concerned from India during the RIP were 
negligible,  no  dumping  margin  could  be  established  for  actual  Indian  imports.  It 
should  be  noted  however,  that  Indian  exports  to  the  Union  ports,  not  subject  to 
customs clearance, have substantially increased and part of these sales were found to 
be made at dumped prices. 

5.14. 

Recovery from past dumping 

(69) 

It was analysed whether the Union industry is still in the process of recovering from 
the  effects  of  past  dumping.  It  was  concluded  that  the  Union  industry  had  already 
managed  to  recover  to  a  large  extent  from  such  effects  given  that  the  effective  anti-
dumping measures had been in place for a long period of time. 

5.15.  Conclusion on the situation of the Union industry 

(70)  Thanks  to  the  fact  that  effective  anti-dumping  duties  have  been  in  place  concerning 
imports  of  synthetic  fibre  ropes  originating  in  India,  the  Union  industry  appears  to 
have managed to recover to a large extent from the effects of past injurious dumping.  

(71)  Nevertheless it cannot be concluded that the situation of the Union industry is secure. 
Although certain injury indicators relating to the financial  performance of the Union 
producers  –  notably  profitability,  return  on  investments  and  cash-flow  –  appear  to 
show a relatively stable picture, other injury indicators – in particular sales volume and 
market  share,  production  and  capacity  utilisation  as  well  as  investments  –  clearly 
indicate that the Union industry was still in a rather fragile situation at the end of the 
RIP. Following the disclosure of the findings of this investigation, one Indian producer 
alleged that the Union industry did not suffer injury during the RIP. In this respect, it 
should  be  noted  that  it  has  not  been  stated  that  the  Union  industry  was  suffering 
material  injury  during  the  RIP.  Instead,  the  conclusion  drawn  on  the  basis  of  the 
findings of the review was that some of the indicators showed a stable picture whilst 
there were signs of injury in respect of other indicators. 

EN 

17 

   EN 

 
(72)  Some parties claimed that the negative trends of some injury indicators are not caused 
by Indian imports but are due to the global economic crisis and the increased market 
share  of  Chinese  imports.  In  this  regard,  it  should  be  noted  that  the  negative 
development of certain indicators was not attributed to the almost non existent Indian 
imports. In addition, the increase of Chinese imports was examined and it did not have 
an impact on the analysis of the likelihood of recurrence of injurious dumping.  

(73)  With regard to the viability of the Union industry in general, it must be noted that the 
gradual  introduction  of  various  high  value  products  on  the  market  –  both  within  the 
Union  and  on  markets  of  third  countries  –  appears  to  put  the  long  term 
competitiveness of the Union industry in a positive perspective, given that the number 
of producers manufacturing such high quality synthetic fibre ropes is at present limited 
on the global market. 

F. 

LIKELIHOOD OF RECURRENCE OF INJURY 

(74)  As  mentioned  in  recital  (25)  above,  given  the  negligible  volume  of  imports  of  the 
product concerned from India during the RIP, the analysis focused on the likelihood of 
recurrence of dumping and injury. 

(75)  As already detailed in recitals (26) to (28) above, huge spare capacities are available at 
the  Indian  exporting  producers.  In  addition,  as  explained  in  recitals  (30)  to  (32),  the 
Indian  producers  have  a  strong  orientation  and  an  incentive  to  sell  their  products  in 
large  volumes  on  export  markets.  Moreover,  as  mentioned  at  recital  (31),  the  Indian 
producers are strongly and increasingly present at the Union ports. For these reasons it 
can  be  concluded  that  imports  from  India  to  the  Union  are  highly  likely  to  reach 
significant quantities in a short period of time should measures be allowed to expire. 

(76)  As stated in recitals (34) and (35) above, in the absence of measures, Indian imports 
are likely to resume at dumped prices. In addition, as stated in recitals (47) and (48) 
above,  it  was  also  found  that  the  fact  that  the  sales  price  of  Indian  producers  are  on 
average  by  18  %  lower  than  those  of  the  Union  industry  (and  such  price  difference 
may  reach  the  level  of  46  %)  appears  to  indicate  that  in  the  absence  of  measures, 
Indian  producers  are  likely  to  export  the  product  concerned  to  the  Union  market  at 
prices  considerably  lower  than  those  of  the  Union  industry  i.e.  they  are  likely  to 
undercut the sales prices of the Union producers. 

(77) 

In  the  light  of  the  above  it  can  be  concluded  that  in  the  absence  of  measures,  it  is 
highly  probable  that  Indian  imports  of  the  product  concerned  would  resume  in 
substantial  quantities  and  at  prices  considerably  undercutting  those  of  the  Union 
industry. 

(78)  Given the relatively fragile situation of the Union industry as explained in recitals (71) 
and (72) above, a potentially massive recurrence of dumped Indian imports at prices 
undercutting those in the Union is likely to have an injurious impact on the state of the 
Union industry. Notably, a sizeable resumption of dumped imports is likely to result in 
further  losses  of  market  share  and  sales  volume  of  the  Union  industry,  leading  to 
reductions  in  the  manufacturing  and  a  drop  in  employment.  This,  along  with  a 
substantial  price  pressure  due  to  imports  undercutting  the  sales  prices  of  the  Union 
producers, would lead to a rapid and serious deterioration of the financial situation of 
the Union industry  

EN 

18 

   EN 

(79)  On  the  basis  of  the  above,  it  is  concluded  that  in  case  the  measures  are  allowed  to 
expire, there is a likelihood of a recurrence of injury from renewed dumped imports of 
the product concerned from India.  

1. 

Preliminary remarks  

G. 

UNION INTEREST 

(80) 

In  accordance  with  Article  21  of  the  basic  Regulation,  it  was  examined  whether  the 
maintenance  of  the  existing  anti-dumping  measures  would  be  against  the  interest  of 
the Union as a whole.  

(81)  The  determination  of  Union  interest  was  based  on  an  appreciation  of  all  the  various 
interests involved, i.e. those of the Union industry, importers, traders, wholesalers and 
industrial users of the product concerned.  

(82) 

It  should  be  recalled  that,  in  the  previous  investigations,  the  imposition  of  measures 
was  not  considered  to  be  against  the  Union  interest.  Furthermore,  the  present 
investigation  is  an  expiry  review,  thus  analysing  a  situation  in  which  anti-dumping 
measures are in place.  

(83)  On this basis it was examined whether, despite the conclusion on the likelihood of a 
recurrence of dumping and the likelihood of recurrence of injury, compelling reasons 
exist  which  would  lead  to  the  conclusion,  in  this  particular  case,  that  it  is  not  in  the 
Union interest to maintain measures. 

2. 

Interests of the Union industry  

(84)  As already mentioned in recitals (56) and (73) above, the Union industry was able to 
maintain a substantial albeit shrinking market share while diversifying its product mix 
by introducing more high-end synthetic fibre ropes. Therefore it can be considered that 
the Union industry has remained structurally viable. 

(85) 

(86) 

In view of the conclusions on the situation of the Union industry set out at recitals (70) 
to (72) above, and pursuant to the arguments relating to the analysis on the likelihood 
of recurrence of injury as explained in recitals (74) to (79), it can also be considered 
that  the  Union  industry  would  be  likely  to  experience  a  serious  deterioration  of  its 
financial  situation  in  case  the  anti-dumping  duties  were  allowed  to  expire,  and  this 
would lead to the recurrence of material injury.  

Indeed  considering  the  expected  volumes  and  prices  of  imports  of  the  product 
concerned from India, the Union industry would be put at a serious risk. As explained 
in recital (78) above, such imports would lead to a further decline in its market share, 
sales  volume  and  employment,  and  would  also  depress  its  prices  which  would 
eventually  result  in  a  deterioration  of  its  profitability,  similar  to  the  negative  levels 
found in the original investigation. 

(87) 

In view of the above, and in the absence of any contrary indications, it is concluded 
that the maintenance of the existing measures would not be against the interest of the 
Union industry. 

3. 

Interest of unrelated importers/traders  

EN 

19 

   EN 

(88)  The  Commission  sent  questionnaires  to  ten  unrelated  importers/traders.  Only  one  of 
these  companies  replied,  expressing  its  objection  to  the  case.  However,  as  the 
company  is  related  to  an  Indian  producer  of  synthetic  fibre  ropes,  it  cannot  be 
considered as an unrelated importer. As the company is a related importer, its interest 
is intrinsically linked to the interest of its related Indian producer.  

(89) 

In these circumstances, it is concluded that no compelling reasons appear to exist that 
would  indicate  that  the  continuation  of  measures  would  negatively  affect  to  a  large 
extent the unrelated importers/traders concerned. 

4. 

Interest of users 

(90)  The  Commission  sent  a  letter  to  one  industrial  association  of  users  of  the  product 
concerned.  No  user  submitted  a  complete  questionnaire  reply,  and  no  written 
submissions were received from the association. 

(91)  Given  the  absence  of  co-operation  by  users,  and  the  fact  that  the  impact  of  anti-
dumping measures is likely to be negligible compared to other costs incurred by main 
users’ industries such as shipbuilding, mechanical engineering and operating offshore 
platforms,  it  is  concluded  that  the  continuation  of  measures  will  not  have  a 
substantially negative impact on such users.  

5. 

Conclusion 

(92)  The  continuation  of  measures  can  be  expected  to  ensure  that  the  Indian  dumped 
imports  do  not  resume  on  the  Union  market  in  substantial  quantities  over  a  short 
period  of  time.  Thereby  the  Union  industry  will  continue  to  benefit  from  the 
competitive conditions on the Union market and the reduction of the threat of closures 
and  a  drop  in  employment.  The  beneficial  effects  are  also  expected  to  warrant  the 
conditions for the Union industry to develop innovative products of higher technology 
for new and specialised applications. 

(93) 

It  should  also  be  noted  that,  following  the  consideration  of  the  interest  of 
importers/traders as well as users in the Union, no compelling reasons appear to exist 
that the continuation of measures would have a largely negative impact. 

(94)  Given the above conclusions on the impact of the continuation of the measures on the 
different  players  on  the  Union  market,  it  is  concluded  that  the  continuation  of 
measures is not against the Union interest.  

H. 

ANTI-DUMPING MEASURES 

(95) 

In view of the above, i.e. inter alia the huge spare capacities of the Indian producers, 
their  strong  export  orientation  and  growing  presence  at  the  doorstep  of  the  Union 
market,  the  prices  of  their  export  sales  to  other  third  country  markets  which  were 
found  to  be  below  the  normal  value  and  also  well  below  the  prices  of  the  Union 
industry  during  the  RIP,  as  well  as  the  relatively  fragile  situation  of  the  Union 
industry,  it  is  likely  that  injurious  dumping  would  recur  from  India  should  the 
measures be allowed to lapse. 

(96)  All  parties  concerned  were  informed  of  the  essential  facts  and  considerations  on  the 
basis  of  which  it  is  intended  to  recommend  the  maintenance  of  existing  measures  in 

EN 

20 

   EN 

their  present  form.  They  were  also  granted  a  period  to  make  representations 
subsequent  to  this  disclosure,  but  none  made  representations  which  would  have 
justified altering the above findings. The claims relating to the disclosure of findings 
have been addressed in the respective recitals of this Regulation. 

(97) 

It  follows  from  the  above  that,  as  provided  for  by  Article  11(2)  of  the  basic 
Regulation,  the  anti-dumping  duties  imposed  by  Regulation  (EC)  No  1736/2004 
should be maintained. 

(98)  Nevertheless,  and  without  ignoring  that  the  likelihood  of  recurrence  of  injurious 
dumping  has  been  established,  the  present  proceeding  is  characterised  by  particular 
circumstances, notably the long duration of the measures in force which have already 
been  extended  once,  and  the  very  limited  quantities  of  actual  imports  from  India  as 
referred  to  in  recitals  (21)  to  (24)  above.  These  facts  should  also  be  adequately 
reflected in the duration of the further extended anti-dumping measures, which should 
be three years. Following disclosure, the applicant stated that the measures should be 
extended  for  five  years  and  that  the  reasoning  set  out  above  for  a  shorter  extension 
would not be justified. 

(99)  Normally, the extension of measures pursuant to Article 11(2) of the basic Regulation 
applies  for  a  period  of  five  years.  The  investigation  has  concluded  that  the  Union 
industry was still in a  fragile situation at the  end  of  the  RIP;  it  has  been  in  financial 
difficulties  for  a  long  period  of  time  as  established  in  the  original  investigation. 
Consequently,  full  recovery  from  the  injurious  dumping  has  not  been  achieved  yet. 
However,  a  number  of  injury  indicators  showed  that  the  imposition  of  measures  has 
already allowed for some substantial improvements. From the analysis of this complex 
situation  it  is  concluded  that  a  full  and  solid  recovery  from  any  past  effect  of  the 
injurious  dumping  is  likely  to  take  place  within  a  shorter  period  of  time  than  the 
normal five years. It was assessed that, considering the overall injury analysis and the 
likely market developments with the measures in place, a period of three years should 
be enough to the Union industry to complete its economic and financial recovery. For 
these  reasons  it  does  not  appear  necessary  to  maintain  the  measures  for  a  longer 
period.  

(100)  Therefore,  it  is  considered  that  an  extension  of  the  measures  for  the  full  five-year 
period is not fully supported by the facts established by the investigation, and that the 
duration of the measures should as a consequence be limited to three years. 

(101)  The  individual  anti-dumping  duty  rate  specified  in  Article  2  of  this  Regulation  was 
established  on  the  basis  of  the  findings  of  the  original  investigation.  Therefore,  it 
reflects  the  situation  found  during  that  investigation  with  respect  to  the  company 
concerned. This duty rate (as opposed to the country-wide duty applicable to ‘all other 
companies’) is thus exclusively applicable to imports of products originating in India 
and  produced  by  the  company  concerned  and  thus  by  the  specific  legal  entity 
mentioned.  Imported  products  produced  by  any  other  company  not  specifically 
mentioned in the operative part of this Regulation, including entities related to the one 
specifically  mentioned,  cannot  benefit  from  this  rate  and  shall  be  subject  to  the 
country-wide duty. 

(102)  Any claim requesting the application of an individual company anti-dumping duty rate 
(e.g. following a change in the name of the entity or following the setting up of new 

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production or sales entities) should be addressed to the Commission forthwith with all 
relevant information, in particular any modification in the company's activities linked 
to  production,  domestic  and  export  sales  associated  with,  for  example,  that  name 
change  or  that  change  in  the  production  and  sales  entities.  If  appropriate,  the 
Regulation will accordingly be amended by updating the list of companies benefiting 
from individual duties, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. A definitive anti-dumping duty is hereby imposed on imports of twine, cordage, ropes and 
cables, whether or not plaited or braided and whether or not impregnated, coated, covered or 
sheathed  with  rubber  or  plastics,  of  polyethylene  or  polypropylene,  other  than  binder  and 
baler twine, measuring more than 50 000 decitex (5 g/m), as well as of other synthetic fibres 
of nylon or other polyamides or of polyesters, measuring more than 50 000 decitex (5 g/m), 
currently falling within CN codes 5607 49 11, 5607 49 19, 5607 50 11 and 5607 50 19 and 
originating in India.  

2. The rate of the anti-dumping duty applicable to the net, free-at-Union frontier price, before 
duty,  for  the  products  described  in  paragraph  1  and  manufactured  by  the  companies  listed 
below shall be as follows: 

Company 

Duty rate 

TARIC additional code 

Garware Wall Ropes Ltd 

All other companies 

53,0 % 

82,0 % 

8755 

8900 

3. Unless otherwise specified, the provisions in force concerning customs duties shall apply. 

Article 2 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. It shall be in force for a period of three years. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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