Proposal for a COUNCIL REGULATION amending the Implementing Regulation of the Council (EU) No 102/2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in the People's Republic of China as extended to imports of steel ropes and cables consigned from, inter alia, the Republic of Korea, whether declared as originating in the Republic of Korea or not
Date: 2012-05-23
Institutions: European Commission
Subjects: China, South Korea, anti-dumping duty, import (EU), industrial product, originating product, steel

EUROPEAN COMMISSION 

Brussels, 23.5.2012  
COM(2012) 228 final 

2012/0113 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending the Implementing Regulation of the Council (EU) No 102/2012 imposing a 
definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, 
in the People's Republic of China as extended to imports of steel ropes and cables 
consigned from, inter alia, the Republic of Korea, whether declared as originating in the 
Republic of Korea or not 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1) 

110 

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  proceeding  concerning 
imports of certain steel ropes and cables originating in the People’s Republic of China 
as extended to imports of steel ropes and cables consigned from the Republic of Korea, 
whether declared as originating in the Republic of Korea or not. 

120 

•  General context 

This proposal is made in the context of the 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. 

139 

•  Existing provisions in the area of the proposal 

-  Regulation  (EC)  No  1858/2005  imposing  anti-dumping  measures  on  certain  steel 
ropes and cables originating, inter alia, in the People's Republic of China. 

- Regulation (EU) No 400/2010, extending the above definitive anti-dumping duty to 
imports of the same product consigned from the Republic of Korea.  

-  Regulation  (EU)  No  102/2012,  maintaining  these  measures  following  an  expiry 
review pursuant to Article 11(2) of the basic Regulation. 

141 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

219 

229 

230 

The  applicants  and  the  Union  industry  have  been  informed  of  the  findings  of  the 
examination and have had the opportunity to submit their comments. 

•  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  make  provision  for  a  general  impact  assessment  but 
contains an exhaustive list of conditions that have to be assessed. 

EN 

2 

   EN 

 
 
3) 

305 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

By  Regulation  (EC)  No  1858/2005,  the  Council  imposed  a  definitive  anti-dumping 
duty on imports of certain steel ropes and cables ('the product concerned') originating, 
inter alia, in the People's Republic of China. 

By  Regulation  (EU)  No  400/2010,  the  Council  extended  the  above  definitive  anti-
dumping duty to imports of the same product consigned from the Republic of Korea. 
By  the  same  Regulation,  imports  from  certain  specifically  listed  Korean  companies 
were exempted from this extension of the duty.  

By Regulation (EU) No 102/2012 and following an expiry review pursuant to Article 
11(2) of the basic Regulation, the Council maintained these measures. 

Article 11(4) of the basic Regulation gives the possibility to exporting producers which 
meet  certain  criteria  to  be  exempted  from  the  residual  duty  and  obtain  an  individual 
margin  of  dumping  ('new  exporting  producer  treatment').  Article  13(4)  of  the  basic 
Regulation  gives  the  possibility  to  companies  of  a  country  to  which  measures  are 
extended following an investigation pursuant to Article 13(3) to be exempted from that 
extension of measures. 

The company Seil Wire & Cable ('Seil'), a Korean exporting producer of the product 
concerned, requested a review in accordance with Article 11(4) and Article 13(4) of the 
basic  Regulation.  The  investigation  demonstrated  that  Seil  was  a  new  exporting 
producer according to Article 11(4) of the basic Regulation and that it could meet the 
criteria for being granted an exemption to the extension of the measures as per Article 
13(4) of the basic Regulation. 

It is therefore proposed that the Council adopts the attached proposal for a Regulation, 
which  adds  Seil  to  the  list  of  Korean  producers  exempted  from  the  measures.  The 
Regulation should be published in the Official Journal of the European Union. 

310 

•  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 

329 

•  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 above-mentioned basic Regulation and leaves 

no scope for national decision. 

–  Indication  of  how  financial  and  administrative  burden  falling  upon  the  Union, 

3 

   EN 

331 

332 

EN 

 
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 foresee alternative options. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

341 

342 

4) 

409 

EN 

4 

   EN 

 
 
2012/0113 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending the Implementing Regulation of the Council (EU) No 102/2012 imposing a 
definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, 
in the People's Republic of China as extended to imports of steel ropes and cables 
consigned from, inter alia, the Republic of Korea, whether declared as originating in the 
Republic of Korea or not 

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 Articles 9(4) and 13(4) thereof, 

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

Whereas: 

A. 

EXISTING MEASURES 

(1) 

(2) 

By Regulation (EC) No 1858/20052, the Council imposed anti-dumping measures on 
steel  ropes  and  cables  including  locked  coil  ropes,  excluding  ropes  and  cables  of 
stainless  steel,  with  a  maximum  cross-sectional  dimension  exceeding  3  mm  ('certain 
steel ropes and cables' or 'the product concerned'), currently falling within CN codes 
ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98 and 
originating, inter alia, in the People's Republic of China (the original measures). The 
measures  with  regard  to  these  imports  consisted  of  a  duty  rate  applicable  to  the  CIF 
net, free-at-Union frontier price, before duty, of 60,4%. 

On 12 August 2009 and following a request lodged by the Liaison Committee of the 
EU  Wire  Rope  Industries,  the  Commission  initiated  an  investigation  pursuant  to 
Article  13  of  the  basic  Regulation.  That  investigation  was  concluded  by  Regulation 
(EU)  No  400/2010,  through  which  the  Council  extended  the  definitive  anti-dumping 
duty  against  certain  steel  ropes  and  cables  originating  in  the  People's  Republic  in 
China  to  imports  of  the  same  product  consigned  from  the  Republic  of  Korea  (the 
extended  measures).  By  the  same  Regulation,  imports  of  the  product  concerned 
consigned  by  certain  specifically  mentioned  Korean  companies  were  excluded  from 

1 
2 

OJ L 343, 22.12.2009, p. 51. 
OJ L 299, 16.11.2005, p. 1. 

EN 

5 

   EN 

                                                 
these  measures  as  the  companies  concerned  were  not  found  to  be  circumventing  the 
measures.  Moreover,  even  though  some  of  the  Korean  companies  concerned  were 
related  to  PRC  companies  that  are  subject  to  the  original  measures,  there  was  no 
evidence that such relationship was established or used to circumvent the measures in 
place on imports originating in the People's Republic of China3. 

(3) 

By Regulation (EU) No 102/20124 and following an expiry review pursuant to Article 
11(2) of the basic Regulation, the Council maintained these measures. 

B. 

INITIATION OF A REVIEW 

(4) 

(5) 

(6) 

By  Commission  Regulation  (EU)  No  969/2011  of  29  September  20115,  the 
Commission  opened  a  review  of  Regulation  (EU)  No  400/2010  for  the  purpose  of 
determining  the  possibility  of  granting  an  exemption  from  those  measures  to  one 
Korean exporter, Seil Wire & Cable ('the applicant'), repealed the anti-dumping duty 
with  regard  to  imports  from  the  applicant  and  made  imports  from  it  subject  to 
registration.  

The review was opened as the Commission considered that there was sufficient prima 
facie  evidence  for  the  applicant's  allegations  that  it  was  a  new  exporting  producer 
according to Article 11(4) of the basic Regulation and that it could meet the criteria for 
being granted an exemption to the extension of the measures as per Article 13(4) of the 
basic Regulation. 

An  examination  has  therefore  been  carried  out  to  determine  whether  the  applicant 
fulfils the criteria for being granted an exemption to the extended measures as set out 
in recital (5) to (7) of Commission Regulation (EU) No 969/2011, by verifying that: 

(i) 

(ii) 

(iii) 

it  did  not  export  the  product  concerned  to  the  European  Union  during  the 
investigation  period  used  in  the  investigation  that  led  to  the  extended 
measures, i.e. 1 July 2008 to 30 June 2009;  

it  has  not  circumvented  the  measures  applicable  to  certain  steel  ropes  and 
cables of Chinese origin; and  

it began exporting the product concerned to the European Union after the end 
of the investigation period  used in  the investigation  that led to the  extended 
measures. 

(7) 

The  Commission  sought  and  verified  all  information  it  deemed  necessary  for  the 
purpose  of  the  determination  of  the  fulfilment  of  the  above  criteria.  This  process 
included an on-spot verification at the premises of the applicant. 

C. 

FINDINGS 

(8) 

The applicant provided sufficient evidence to prove that it meets all the three criteria 
mentioned  at  recital  (6)  above.  Indeed,  it  could  prove  that  i)  it  did  not  export  to  the 

3 
4 
5 

See recital (80) of Regulation (EU) No 400/2010. 
OJ L 36, 9.2.2012, p. 1. 
OJ L 254, 30.9.2011, p. 7. 

EN 

6 

   EN 

                                                 
Union the product concerned during the period 1 July 2008 to 30 June 2009, ii) it has 
not circumvented the measures applicable to certain steel ropes and cables of Chinese 
origin, and iii) it began exporting the product concerned to the European Union after 
30 June 2009. Therefore, an exemption should be granted to the company concerned. 

D.  MODIFICATION OF THE LIST OF COMPANIES BENEFITING FROM AN 
EXEMPTION TO THE EXTENDED MEASURES 

(9) 

In consideration of the findings of the investigation as indicated in recital (8) above, it 
is  concluded  that  the  company  Seil  Wire  &  Cable  should  be  added  to  the  list  of 
companies  which  are  exempted  from  the  definitive  anti-dumping  duty  imposed  by 
Regulation (EU) No 102/2012 on imports of certain steel ropes and cables originating 
in  the  People’s  Republic  of  China  as  extended  to  imports  of  certain  steel  ropes  and 
cables consigned from the Republic of Korea. Therefore, Seil Wire & Cable should be 
added  to  the  list  of  individually  mentioned  companies  under  Article  1(4)  of 
Implementing Regulation of the Council (EU) No 102/2012. As stipulated in Article 
1(2)  of  Regulation  (EU)  No  400/2010,  the  application  of  the  exemption  shall  be 
conditional  upon  presentation  to  the  customs  authorities  of  the  Member  States  of  a 
valid  commercial  invoice,  which  shall  conform  to  the  requirements  set  out  in  the 
Annex  to  that  Regulation.  If  no  such  invoice  is  presented,  the  anti-dumping  duty 
should continue to apply. 

(10)  The  applicant  and  the  Union  Industry  have  been  informed  of  the  findings  of  the 
investigation and have had the opportunity to submit their comments. Their comments 
were taken into account where appropriate, 

HAS ADOPTED THIS REGULATION: 

The  table  mentioned  in  Article  1(4)  of  Implementing  Regulation  of  the  Council  (EU)  No 
102/2012 shall be replaced by the following table: 

Article 1 

Country 

The  Republic 
of Korea 

Company 

TARIC additional 
code 

Bosung Wire Rope Co., Ltd, 568,Yongdeok-ri, 
Hallim-myeon, Gimae-si, Gyeongsangnam-do, 621-
872 
Chung Woo Rope Co., Ltd, 1682-4, Songjung-Dong, 
Gangseo-Gu, Busan 

CS Co., Ltd, 287-6 Soju-Dong Yangsan-City, 
Kyoungnam 

Cosmo Wire Ltd, 4-10, Koyeon-Ri, Woong Chon-
Myon Ulju-Kun, Ulsan 

Dae Heung Industrial Co., Ltd, 185 Pyunglim – Ri, 
Daesan-Myun, Haman – Gun, Gyungnam 

DSR Wire Corp., 291, Seonpyong-Ri, Seo-Myon, 
Suncheon-City, Jeonnam 

A969 

A969 

A 969 

A969 

A969 

A969 

EN 

7 

   EN 

 
 
 
 
 
Kiswire Ltd, 20th Fl. Jangkyo Bldg, 1, Jangkyo-Dong, 
Chung-Ku, Seoul 

Manho Rope & Wire Ltd, Dongho Bldg, 85-2 4 Street 
Joongang-Dong, Jong-gu, Busan 

Seil Wire and Cable, 47-4, Soju-Dong, Yangsan-Si, 
Kyungsangnamdo 

Shin Han Rope Co., Ltd, 715-8, Gojan-Dong, 
Namdong-gu, Incheon 

Ssang YONG Cable Mfg. Co., Ltd, 1559-4 Song-
Jeong Dong, Gang-Seo Gu, Busan 

Young Heung Iron & Steel Co., Ltd, 71-1 Sin-Chon 
Dong,Changwon City, Gyungnam 

A969 

A969 

A994 

A969 

A969 

A969 

Article 2 

Customs authorities are hereby directed to discontinue the registration of imports established 
in accordance with Article 3 of Regulation (EU) No 969/2011. No anti-dumping duty shall be 
collected on the imports thus registered. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article3 

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

Done at Brussels,  

For the Council 
The President 

EN 

8 

   EN