26.1.2006 Official Journal of the European Union L 22/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 121/2006 of 23 January 2006 amending Regulation (EC) No 1858/2005 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating, inter alia, in India THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (!) (the basic Regulation), and in particular Articles 8 and 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1)  In August 1999, by Regulation (EC) No 1796/1999 (3, the Council imposed a definitive anti-dumping duty on imports of steel ropes and cables (the product concerned) originating, inter alia, in India. (20 In November 2005, following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 1858/2005 (%) decided that the anti- dumping measures applicable to imports of the product concerned originating, inter alia, in India should be main- tained. (3) By Decision 1999/572/EC (), the Commission accepted a price undertaking from an Indian company, Usha Martin Industries and Usha Beltron Ltd. This company has changed its name in the meantime and is now known as Usha Martin Ltd (UML). The change of name has in no way affected the activities of the company. (4)  As a result, imports into the Community of the product concerned of Indian origin, produced by UML or by any other related company worldwide, and of a type covered (*) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (3 OJ L 217, 17.8.1999, p. 1. () O] L 299, 16.11.2005, p. 1. () OJ L 217, 17.8.1999, p. 63. Decision as amended by Regulation (EQ) No 1678/2003 (O] L 238, 25.9.2003, p. 13). by the undertaking (the product covered by the under- taking), were exempt from the definitive anti-dumping duties. In this regard, it should be noted that certain types of steel wire rope currently produced by UML were not exported to the Community during the investigation period which led to the imposition of definitive anti- dumping measures and were not, therefore, within the scope of the exemption afforded by the undertaking. Accordingly, such steel-wire ropes were liable to payment of the anti-dumping duty when they entered into free circulation in the Community. B. FAILURE TO COMPLY WITH THE UNDERTAKING The undertaking offered by UML obliges it (and any related company worldwide) to, inter alia, export the product covered by the undertaking to the first inde- pendent customer in the Community at or above certain minimum import price levels (MIPs) laid down in the undertaking. These price levels eliminate the injurious effects of dumping. In the case of resale in the Community to the first independent customer by related importers, the resale prices of the product covered by the undertaking, after appropriate adjustments for selling, general and administrative costs and a reasonable profit, must also be at levels which eliminate the injurious effects of dumping. The terms of the undertaking also oblige UML to provide the Commission with regular and detailed information in the form of a quarterly report of its sales (and resale by its related parties in the Community) of the product concerned originating in India to the Community. Such reports are intended to include the products covered by the undertaking which benefit from the exemption to the anti-dumping duty as well as those types of steel-wire ropes not covered by the undertaking and which are therefore liable to the anti-dumping duty. Unless otherwise indicated, it is assumed by the Commission that the sales reports of UML (and the reports of resale of related companies established in the Community) are, as submitted, complete, exhaustive and correct in all particulars.