Commercial Information Circulars

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Ref : EIC 230/2/3/2/13

12 August 2009

Dear Sirs,

Commercial Information Circular No. 416/2009

European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Steel Ropes and Cables Originating in Mainland of China by Imports of the Same Product Consigned from the Republic of Korea and Malaysia, whether Declared as Originating in the Republic of Korea and Malaysia or not

Further to the Commercial Information Circular No. 474/2005 of 19 November 2005, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of steel ropes and cables originating in the mainland of China by imports of the same product consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not. The regulation also requires imports of the product concerned to be subject to registration. The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:208:0007:0010:EN:PDF

2. Salient points are set out below-

(a) Date of Publication of the Notice	:	12 August 2009
(b) Product Coverage	:	Steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, consigned from the Republic of Korea and Malaysia, 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 (TARIC codes 7312 10 81 13, 7312 10 83 13, 7312 10 85 13, 7312 10 89 13 and 7312 10 98 13).
(c) Procedures	:	In order to obtain necessary information for the investigation, the Commission will send questionnaires to the exporters/producers and to the associations of exporters/producers in the Republic of Korea, Malaysia, and the mainland of China, to the importers and to the associations of importers in the Community, and to the authorities of the mainland of China, the Republic of Korea, and Malaysia. Information, as appropriate, may also be sought from the Community industry. Interested parties should request a copy of the questionnaire from the Commission within 15 days from 12 August 2009. All interested parties may make their views known in writing (including submitting questionnaire replies) and apply to be heard by the Commission within 37 days from 12 August 2009, unless otherwise specified. All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, e-mail address, telephone and fax numbers of the interested party and should be sent to the following address : European Commission Directorate-General for Trade Directorate H Office : N-105 04/090 B-1049 Brussels Belgium Fax : (32-2) 295 65 05 If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer, who offers, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).
(d) Registration of Imports	:	With effect from 13 August 2009, imports of the product concerned are subject to registration by the EU's customs authorities. The registration shall expire nine months from 12 August 2009. Should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports consigned from the Republic of Korea and Malaysia.
(e) Exemption from Registration of Imports or Measures	:	Imports of the products concerned may be exempted from registration or measures if such importation does not constitute circumvention. Producers in the Republic of Korea and Malaysia requesting exemption of imports from registration or measures should submit a request duly supported by evidence within 37 days from 12 August 2009, unless otherwise specified.

BACKGROUND

3. Definitive anti-dumping duty on imports of steel ropes and cables originating in, inter alia, the mainland of China has been imposed since 18 August 1999. The rate of duty is 60.4% of the net, free-at-Community-frontier price before duty.

4. An expiry review was initiated on 17 August 2004. Based on the results of the review investigation, the anti-dumping duty was maintained for another five years with effect from 17 November 2005.

5. Based on the findings of a circumvention investigation, the Council further extended, with effect from 31 October 2004, the definitive anti-dumping duty imposed on imports of steel ropes and cables originating in the mainland of China to imports of the same products consigned from Morocco, whether declared as originating in Morocco or not (TARIC codes 7312 10 82 12, 7312 10 84 12, 7312 10 86 12, 7312 10 88 12 and 7312 10 99 12 respectively).

6. On 29 June 2009, the Commission received a request from the Liaison Committee of EU Wire Rope Industries on behalf of the Community producers of steel ropes and cables alleging that the anti-dumping measures on imports of steel ropes and cables originating in the mainland of China are being circumvented by means of the transhipment via the Republic of Korea and Malaysia. Having examined the evidence available, the Commission concluded that there is sufficient evidence to justify the initiation of the present circumvention investigation.

ENQUIRIES

7. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Alex LI)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.