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28.6.2012 Official
Journal
of
the
European
Union L
168/3
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 558/2012
of 26 June 2012
amending Implementing Regulation (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,
venting the measures. Moreover, even though some of
the Korean companies concerned were related to PRC
Having regard to the Treaty on the Functioning of the European
companies that are subject to the original measures,
Union,
there was no evidence that such relationship was estab
lished or used to circumvent the measures in place on
imports originating in the PRC (
Having regard to Council Regulation (EC) No 1225/2009 of

4 ).
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(the ‘basic Regulation’), and in particular Articles 9(4) and 13(4)
(3) By
Implementing
Regulation
(EU)
No
102/2012
( 5 ) and
thereof,
following an expiry review pursuant to Article 11(2) of
the basic Regulation, the Council maintained these
Having regard to the proposal submitted by the European
measures.
Commission (‘the Commission’) after consulting the Advisory
Committee,
B. INITIATION OF A REVIEW
Whereas:
(4) By
Regulation
(EU)
No
969/2011
( 6 ), the Commission
opened a review of Implementing Regulation (EU) No
A. EXISTING MEASURES
400/2010 for the purpose of determining the possibility
(1) By
Regulation
(EC)
No
1858/2005
(
of granting an exemption from those measures to one

2 ), the Council
imposed anti-dumping measures on steel ropes and
Korean exporter, Seil Wire & Cable (‘the applicant’),
cables including locked coil ropes, excluding ropes and
repealed the anti-dumping duty with regard to imports
cables of stainless steel, with a maximum cross-sectional
from the applicant and made imports from it subject to
dimension exceeding 3 mm (‘certain steel ropes and
registration.
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
(5) The
review
was
opened
as
the
Commission
considered
originating, inter alia, in the People’s Republic of China
that there was sufficient prima facie evidence for the
(‘the original measures’). The measures with regard to
applicant’s allegations that it was a new exporting
these imports consisted of a duty rate applicable to the
producer according to Article 11(4) of the basic Regu
CIF net, free-at-Union frontier price, before duty, of
lation and that it could meet the criteria for being
60,4 %.
granted an exemption to the extension of the measures
as per Article 13(4) of the basic Regulation.
(2) 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
(6) An
examination
has
therefore
been
carried
out
to
determine whether the applicant fulfils the criteria for
was concluded by Implementing Regulation (EU) No
being granted an exemption to the extended measures
400/2010 ( 3 ), through which the Council extended the
as set out in recitals 5 to 7 of Regulation (EU) No
definitive anti-dumping duty against certain steel ropes
969/2011, by verifying that:
and cables originating in the People’s Republic in China
(PRC) to imports of the same product consigned from
the Republic of Korea (‘the extended measures’). By the
same Regulation, imports of the product concerned
(i) it did not export the product concerned to the
consigned by certain specifically mentioned Korean
European Union during the investigation period
companies were excluded from these measures as the
used in the investigation that led to the extended
companies concerned were not found to be circum
measures, i.e. 1 July 2008 to 30 June 2009;
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 4 ) See recital 80 of Implementing Regulation (EU) No 400/2010.
( 2 ) OJ L 299, 16.11.2005, p. 1.
( 5 ) OJ L 36, 9.2.2012, p. 1.
( 3 ) OJ L 117, 11.5.2010, p. 1.
( 6 ) OJ L 254, 30.9.2011, p. 7.

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L 168/4
EN
Official Journal of the European Union
28.6.2012
(ii) it has not circumvented the measures applicable to
company Seil Wire & Cable should be added to the list
certain steel ropes and cables of PRC origin; and
of companies which are exempted from the definitive
anti-dumping duty imposed by Implementing Regulation
(iii) it began exporting the product concerned to the
(EU) No 102/2012 on imports of certain steel ropes and
European Union after the end of the investigation
cables originating in the People’s Republic of China as
period used in the investigation that led to the
extended to imports of certain steel ropes and cables
extended measures.
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 Imple
(7) The
Commission
sought
and
verified
all
information
it
menting Regulation (EU) No 102/2012. As stipulated
deemed necessary for the purpose of the determination
in Article 1(2) of Implementing Regulation (EU) No
of the fulfilment of the above criteria. This process
400/2010, the application of the exemption shall be
included an on-spot verification at the premises of the
conditional upon presentation to the customs authorities
applicant.
of the Member States of a valid commercial invoice,
which shall conform to the requirements set out in the
C. FINDINGS
Annex to that Regulation. If no such invoice is presented,
the anti-dumping duty should continue to apply.
(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 Union the product concerned during the period
(10) The applicant and the Union Industry have been
1 July 2008 to 30 June 2009; (ii) it has not circum
informed of the findings of the investigation and have
vented the measures applicable to certain steel ropes
had the opportunity to submit their comments. Their
and cables of PRC origin; and (iii) it began exporting
comments were taken into account where appropriate,
the product concerned to the European Union after
30 June 2009. Therefore, an exemption should be
granted to the company concerned.
HAS ADOPTED THIS REGULATION:
D. MODIFICATION OF THE LIST OF COMPANIES BENE
FITING FROM AN EXEMPTION TO THE EXTENDED
MEASURES
Article 1
(9)
In consideration of the findings of the investigation as
The table in Article 1(4) of Implementing Regulation (EU) No
indicated in recital 8 above, it is concluded that the
102/2012 shall be replaced by the following table:
‘Country Company TARIC
additional
code
The Republic of Korea Bosung
Wire
Rope
Co.,
Ltd,
568,Yongdeok-ri,
Hallim-
A969
myeon, Gimae-si, Gyeongsangnam-do, 621-872
Chung Woo Rope Co., Ltd, 1682-4, Songjung-Dong,
A969
Gangseo-Gu, Busan
CS Co., Ltd, 287-6 Soju-Dong Yangsan-City, Kyoungnam A969
Cosmo Wire Ltd, 4-10, Koyeon-Ri, Woong Chon-Myon
A969
Ulju-Kun, Ulsan
Dae Heung Industrial Co., Ltd, 185 Pyunglim — Ri,
A969
Daesan-Myun, Haman — Gun, Gyungnam
DSR Wire Corp., 291, Seonpyong-Ri, Seo-Myon,
A969
Suncheon-City, Jeonnam
Kiswire Ltd, 20th Fl. Jangkyo Bldg, 1, Jangkyo-Dong,
A969
Chung-Ku, Seoul
Manho Rope & Wire Ltd, Dongho Bldg, 85-2 4 Street
A969
Joongang-Dong, Jong-gu, Busan
Seil Wire and Cable, 47-4, Soju-Dong, Yangsan-Si, Kyung
A994
sangnamdo
Shin Han Rope Co., Ltd, 715-8, Gojan-Dong, Namdong-gu,
A969
Incheon

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EN
28.6.2012 Official
Journal
of
the
European
Union L
168/5
Country Company TARIC
additional
code
Ssang YONG Cable Mfg. Co., Ltd, 1559-4 Song-Jeong
A969
Dong, Gang-Seo Gu, Busan
Young Heung Iron & Steel Co., Ltd, 71-1 Sin-Chon Dong,
A969’
Changwon City, Gyungnam
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.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 June 2012.
For the Council
The President
N. WAMMEN

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Document Outline

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