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26.10.2012 Official
Journal
of
the
European
Union
L
297/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 986/2012
of 22 October 2012
clarifying the scope of the definitive anti-dumping duties imposed by Regulation (EC) No 383/2009
on imports of certain PSC wires and strands originating in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
respecting the International Standard IEC 60888 or the
European/Cenelec Standard UNE-EN 50189 (‘strands
Having regard to the Treaty on the Functioning of the European
used as a steel core for conductors’).
Union,
(4) The
applicant
provided
prima
facie
evidence
demon
Having regard to Council Regulation (EC) No 1225/2009 of
strating that the basic physical and technical character
30 November 2009 on protection against dumped imports
istics of the product to be excluded differ significantly
from countries not members of the European Community (
from those of the product concerned subject to the

1 )
(‘the basic Regulation’), and in particular Article 11(3) thereof,
measures in force.
Having regard to the proposal submitted by the European
3. Initiation
Commission (‘the Commission’), after consulting the Advisory
Committee,
(5) Having
determined
that
sufficient
evidence
existed
to
justify the initiation of a partial interim review, and
after consulting the Advisory Committee, the
Whereas:
Commission announced by a notice published on
4 October 2011 in the Official Journal of the European
A. PROCEDURE
Union ( 3 ) (‘the Notice of Initiation’) the initiation of a
partial interim review in accordance with the provisions
1. Measures in force
of Article 11(3) of the basic Regulation limited to the
examination of the product scope.
(1) By
Regulation
(EC)
No
383/2009
( 2 ) (‘the definitive Regu
lation’), the Council imposed a definitive anti-dumping
duty on imports of PSC wires and strands originating
4. Review investigation
in the People’s Republic of China (‘the measures in
force’).
(6) The
Commission
officially
informed
the
authorities
of
the
People’s Republic of China (‘the country concerned’) and
all other parties known to be concerned, i.e. known
2. Request for an interim review
exporting producers in the country concerned, users
and importers in the Union and producers in the
(2) The
Commission
received
a
request
from
ECN
Cable
Union, of the initiation of the partial interim review
Group SL, a Spanish producer of cables (‘the applicant’)
investigation. Interested parties were given the oppor
for a partial interim review pursuant to Article 11(3) of
tunity to make their views known in writing and to
the basic Regulation.
request a hearing within the time limit set in the
Notice of Initiation.
(3) The
applicant
requested
the
exclusion
of
certain
wires
and strands from the scope of the current anti-
(7) The
Commission
sent
questionnaires
to
all
parties
known
dumping measures on imports of certain pre- and
to be concerned, and all other parties which made them
post-stressing wires and wire strands of non-alloy steel
selves known within the deadlines set out in the Notice
(PSC wires and strands) originating in the People’s
of Initiation.
Republic of China. The product requested to be
excluded is stranded wire consisting of seven wires of
non-alloy steel, plated or coated with zinc, containing
(8) Questionnaire
replies
were
received
from
the
applicant,
by weight 0,6 % or more of carbon, with a maximum
two Chinese exporting producers, 12 Union producers of
cross-sectional dimension exceeding 3
mm, and
PSC wires and strands, two Union producers of
conductors for electricity lines, six users and two
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 118, 13.5.2009, p. 1.
( 3 ) OJ C 291, 4.10.2011, p. 6.

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L 297/2
EN
Official Journal of the European Union
26.10.2012
Union importers. In view of the scope of the partial
(13) The
applicant
is
a
Spanish
producer
of
conductors
for
review, no investigation period was set for the purpose
overhead electricity lines. The product type which the
of this partial review.
applicant is seeking to have excluded from the product
definition is a seven-wire galvanised strand used as a steel
core for conductors for overhead electricity lines.
(9) The
Commission
sought
and
verified
all
information
deemed necessary for the purpose of the assessment as
to whether there was a need to amend the scope of the
existing anti-dumping measures and carried out verifi
2. Methodology
cation visits at the premises of the following companies:
(14) In
order
to
assess
whether
strands
used
as
a
steel
core
for
conductors for overhead electricity lines should be
— ECN Cable Group SL, Vitoria Gasteiz, Spain
covered by the product definition of Article 1 of the
definitive Regulation, it was examined whether strands
used as a steel core for conductors and other PSC
— Tycsa — Trenzas y Cables de Acero PSC, SL, Sant
wires and strands shared the same physical and
ander, Spain
technical characteristics and end uses. In this regard,
the interchangeability between the strands used as a
steel core for conductors for overhead electricity lines
— DWK Drahtwerk Kln GmbH, Kln, Germany
and other PSC wires and strands subject to the
measures concerned in the Union was also assessed.
— Nedri Spanstaal, BV,Venlo, Netherlands
(15) The
applicant
proposed
to
differentiate
the
two
products
— Gongyi Hengxing Hardware Co. Ltd, Henan Province,
by the use of standards. According to the applicant, the
China
PSC wires and strands used in the construction industry
do not meet the requirements of the International
Standard IEC 60888 or the European/Cenelec Standard
— Solidal Condutores Eléctricos SA, Esposende, Portugal
UNE-EN 50189. Both of these norms apply to zinc-
coated steel wires to be used in stranded conductors of
electricity.
— Tele-fonika Kable Sp. z o.o. SKA, Krakow, Poland.
B. PRODUCT CONCERNED
3. Findings
(10) The product concerned is the same as that defined in
3.1. Physical and technical characteristics
Article 1 of the definitive Regulation, i.e. not plated or
(16) The
standards
referred
to
in
the
request
and
set
out
in
not coated wire of non-alloy steel, wire of non-alloy steel
recital 15 above are only used with regard to conductors
plated or coated with zinc and stranded wire of non-alloy
for electricity lines. Accordingly, the Union producers of
steel whether or not plated or coated with not more than
PSC wires and strands for use in the construction
18 wires, containing by weight 0,6 % or more of carbon,
industry were not familiar with those norms and
with a maximum cross-sectional dimension exceeding
consequently their questionnaire replies showed
3 mm, currently falling within CN codes ex 7217 10 90,
differing opinions as to whether those standards are
ex 7217 20 90, ex 7312 10 61, ex 7312 10 65 and
met with regard to seven-wire galvanised strands used
ex 7312 10 69 and originating in the People’s Republic
for suspension bridges.
of China.
C. RESULTS OF THE REVIEW INVESTIGATION
(17) The
investigation
revealed
that
most
physical
character
istics/standard specifications of the two products in
1. Background
question are at least partially comparable, however it
also revealed that there is one identifiable particular
(11) Pre- or post-stressed wires or strands are made of high-
physical difference — which allows for a clear distinction
carbon steel and are used mostly in the construction
of the two products — when comparing the norms used
industry for concrete reinforcement, suspension
for conductors for overhead lines with the norm for pre-
elements and stay-cable bridges. PSC wires and strands
stressing steel used in the construction business.
are manufactured from steel wire rods.
(12) There
are
two
main
different
types
of
PSC
wires
and
(18) According
to
standard
EN
10337
for
pre-stressing
steel,
strands: those used in concrete applications that are
which is used in the construction industry, ‘the diameter
not galvanised and those used for stay-cable bridges or
of the central wire shall be at least 3 % greater than the
suspension bridges that are galvanised. The galvanised
diameter of the outer helical wires’ (point 7.1.3 of the
strands used for suspension bridges represent only
norm), whereas, according to the standard for overhead
around 1 % of the total Union PSC wires and strands
conductors (EN 50182), the wires in a seven-wire
market. Accordingly, the main users of the PSC wires
galvanised strand used as a steel core for conductors
and strands are enterprises in the construction industry.
have all the same diameter.

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EN
26.10.2012 Official
Journal
of
the
European
Union
L
297/3
(19) The
differences
in
thickness
of
the
central
wire
can
be
elements and wind generators are mostly further coated
verified by using equipment that is able to measure the
with polyethylene and waxed or greased for a life-
thickness of the wires. Accordingly, this product type can
expectancy of 50 or more years.
be distinguished from other product types of the product
concerned.
(28) During the investigation only one application for
galvanised PSC wires and strands, which is not further
(20) Interested parties were consulted and, in summary,
coated — the temporary support of bridges during the
agreed that it is possible to distinguish the two types
building process — was identified. However, this appli
of products as described above.
cation represents only a small fraction of the already
small market of all galvanised PSC wires and strands
applications (see recital 12).
3.2. Basic end-uses and interchangeability
(21) The
investigation
also
showed
that
the
two
product
types
(29) Therefore, the different types of strands are in the vast
have different, distinct applications and are used in two
majority of cases easily distinguishable between
different industries. PSC wires and strands are used in the
galvanised and non-galvanised, and within the group of
construction industry while the strands requested to be
galvanised between further coated and non-further-
excluded are used as a supporting core in the conductors
coated, thereby making control feasible.
for overhead electricity lines in the cable industry.
(30) In
addition,
the
vast
majority
of
EU
Member
States
(22) Furthermore,
due
to
the
different
specifications
of
each
require for standard/traditional ‘PSC applications’ a
product type there is no possible interchangeability in the
national homologation for the utilisation of PSC wires
applications of the PSC wires and strands and the strands
and strands in order to ensure product quality. The
used as a steel core for conductors.
homologation process is very detailed and it is
mandatory to disclose the wire rod quality and
supplier, the production facilities, the machinery used,
(23) On
this
basis,
it
is
considered
that
there
are
significant
the laboratory tests, etc.
basic physical and technical differences between PSC
wires and strands and the strands used as a steel core
for conductors for overhead electricity lines, which are
(31) In
some
cases
the
national
homologation
process
can
—
identifiable.
in accordance with procedures in force in most EU
Member States — be replaced by a ‘quality reception’
or a ‘project specific homologation’.
3.3. Product investigated in the original investigation
(24) None of the companies that cooperated in the original
(32) However,
in
both
cases,
an
independent
technical
expert
investigation (seven Union producers, seven exporting
certifies that the products intended to be used are in line
producers in the People’s Republic of China, four
with the PSC standard specifications. These procedures
unrelated importers in the EU and seven users) was
provide additional assurance regarding any possible
involved in manufacturing and/or trading of strands
attempts to circumvent the measures.
used as a steel core for conductors. It is apparent from
the original investigation that the relevant information
(33) Furthermore,
the
different
product
types
can
be
distin
was at that time not collected with regard to the
guished if necessary by using special measuring instru
strands used as a steel core for conductors.
ments/equipment in cases where galvanised non-further-
coated strands should be cleared through customs for
free circulation.
(25) Thus,
it
seems
that
although
the
strands
used
as
a
steel
core for conductors were not explicitly excluded, the
investigation at that time did not intend to include
(34) From
the
above
it
can
be
concluded
that
the
risk
of
them in the product concerned.
circumvention is minimal.
4. Allegations of possible circumvention of the
D. CONCLUSIONS ON THE PRODUCT SCOPE
measures in place
(35) The above findings show that the strands used as a steel
(26) Some
interested parties expressed
concerns regarding
core for conductors and other PSC wires and strands
possible circumvention of the measures if the strands
subject to the measures concerned do not share the
used as a steel core for conductors were to be
same basic physical and technical characteristics and
excluded from the scope of the measures.
end-uses. The two products have different end-uses,
target different markets and are not interchangeable. In
addition, the strands used as a steel core for conductors
(27) However,
the
seven-wire
galvanised
strands
used
in
the
were not investigated in the framework of the original
conductors for overhead electricity lines are sold non-
investigation. On this basis, it is concluded that the
further-coated, whereas the galvanised seven wire
strands used as a steel core for conductors and other
strands used in the construction of bridges, suspension
PSC wires and strands are two different products.

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L 297/4
EN
Official Journal of the European Union
26.10.2012
(36) In
view
of
the
above,
and
since
it
could
be
established
HAS ADOPTED THIS REGULATION:
that the strands used as a steel core for conductors can
be distinguished from the product concerned, they
Article 1
should be excluded from the product scope of the
measures in force.
Article 1(1) of Regulation (EC) No 383/2009 is replaced by the
following:
(37) All interested parties were informed of the essential facts
‘1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
and considerations on the basis of which the above
imports of not plated or not coated wire of non-alloy steel,
conclusions were reached. Parties were granted a period
wire of non-alloy steel plated or coated with zinc and
within which they could make representations
stranded wire of non-alloy steel whether or not plated or
subsequent to this disclosure. No submissions were
coated with not more than 18 wires, containing by weight
received that would result in a different conclusion.
0,6 % or more of carbon, with a maximum cross-sectional
dimension exceeding 3 mm, currently falling within CN codes
ex 7217 10 90,
ex 7217 20 90,
ex 7312 10 61,
ex 7312 10 65
and
ex 7312 10 69
(TARIC
codes
E. RETROACTIVE APPLICATION
7217 10 90 10,
7217 20 90 10,
7312 10 61 11,
(38) Since the current proceeding is limited to the clarification
7312 10 61 91,
7312 10 65 11,
7312 10 65 91,
of the product scope and since the strands used as a steel
7312 10 69 11 and 7312 10 69 91) and originating in the
core for conductors were not covered in the original
People’s Republic of China. Galvanised (but not with any
investigation and the consequent anti-dumping
further coating material) seven wire strands in which the
measures, it is considered appropriate that the findings
diameter of the central wire is identical to or less than 3 %
be applied from the date of the entry into force of the
greater than the diameter of any of the 6 other wires shall
definitive Regulation, including any imports subject to
not be covered by the definitive anti-dumping duty.’.
provisional duties between 16 November 2008 and
13 May 2009. The Commission has not found any over
Article 2
riding reason preventing such retroactive application.
For goods not covered by Article 1(1) of Regulation (EC) No
383/2009, as amended by this Regulation, the definitive anti-
dumping duty paid or entered in the accounts pursuant to
(39) Consequently,
for
goods
not
covered
by
Article
1(1)
of
Article 1(1) of Regulation (EC) No 383/2009 in its initial
Regulation (EC) No 383/2009, as amended by this Regu
version and the provisional anti-dumping duties definitively
lation, the definitive anti-dumping duty paid or entered
collected pursuant to Article 2 of the same Regulation shall
in the accounts pursuant to Article 1(1) of Regulation
be repaid or remitted. Repayment or remission shall be
(EC) No 383/2009 and the provisional anti-dumping
requested from national customs authorities in accordance
duties definitively collected pursuant to Article 2 of the
with applicable customs legislation. In cases where the time
same Regulation should be repaid or remitted.
limits provided for in Article 236(2) of Regulation (EEC) No
Repayment or remission must be requested from
2913/92 have expired before or on 26 October 2012, or if they
national customs authorities in accordance with
expire within six months after that date, they are hereby
applicable customs legislation. In cases where the time
extended so as to expire six months after 26 October 2012.
limits provided for in Article 236(2) of Council Regu
lation (EEC) No 2913/92 of 12 October 1992 estab
Article 3
lishing the Community Customs Code ( 1 ) have expired
before or on 26 October 2012, or if they expire
This Regulation shall enter into force on the day following that
within six months after that date, they are hereby
of its publication in the Official Journal of the European Union.
extended so as to expire six months after the date of
publication of this Regulation,
It shall apply from 14 May 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 22 October 2012.
For the Council
The President
S. ALETRARIS
( 1 ) OJ L 302, 19.10.1992, p. 1.

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