25.9.2003 Official Journal of the European Union L 238/13 COMMISSION REGULATION (EC) No 1678/2003 of 26 August 2003 amending Commission Regulation (EC) No 362/1999 imposing a provisional anti-dumping duty on imports of steel ropes and cables and accepting undertakings offered by certain exporters, inter alia, in Poland and amending Decision 1999/572/EC accepting undertakings offered in connection with the anti-dumping proceedings concerning imports of steel wire ropes and cables originating, inter alia, in Ukraine THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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), as last amended by Regulation (EC) No 1972/2002 (3, and in particular Articles 8 and 9 thereof, After consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE 1. Poland (1)  On 30 July 1998, an anti-dumping proceeding was ( ( ( ( ( 1 2 3 4 5 ) O ) O] ) O] ) O] ) O initiated by the Commission on imports of steel ropes and cables (SWR) originating, inter alia, in Poland (*). Provisional measures were imposed by Commission Regulation (EC) No 362/1999 (. In parallel, the Commission accepted a price undertaking from, inter alia, the Polish exporting producer Drumet SA (Drumet) pursuant to Article 2(1) of Regulation (EC) No 362/ 1999. Imports of SWR produced and directly exported to the Community by Drumet were exempted from the anti-dumping duty by Article 1(3) of the same Regula- tion. Exemption from the duty is, inter alia, conditional on presentation of a valid undertaking invoice accompa- nying goods subject to an undertaking, and no such undertaking invoice should be issued for exports of SWR not in conformity with the obligations of the undertaking (clause 4.2 of the undertaking). This proceeding ultimately resulted in a definitive anti- dumping duty being imposed pursuant to Council Regu- lation (EC) No 1796/1999 () in order to eliminate the injurious effects of dumping. Drumet continued to be exempted from the definitive duties by virtue of and subject to its undertaking. L 56, 6.3.1996, p. 1. L 305, 7.11.2002, p. 1. C 239, 30.7.1998, p. 3. L 45,19.2.1999, p. 8. L217,17.8.1999, p. 1. () 0 ) 0J 2. Ukraine On 20 May 1998, an anti-dumping proceeding was initiated by the Commission on imports of SWR origi- nating, inter alia, in Ukraine (°). It was considered appropriate to combine this proceeding with the proceeding referred to in recital 1 and a definitive anti-dumping duty was imposed pursuant to Regulation (EC) No 1796/1999 in order to eliminate the injurious effects of dumping. The Commission accepted, inter alia, a price undertaking from the Ukrainian exporting producer Joint Stock Company Silur (Silur) pursuant to Article 1(1) of Commission Decision 1999/572[EC (). Imports of certain types of SWR produced and directly exported to the Community by Silur were exempted from the anti- dumping duty pursuant to Article 2(1) of Regulation (EC) No 1796/1999. Exemption from the duty is, inter alia, conditional on presentation of a valid undertaking invoice accompanying goods subject to an undertaking. No such undertaking invoice should be issued for exports of SWR not falling into the scope of the under- taking (clause 4.2 of the undertaking). B. FAILURE TO COMPLY WITH THE UNDERTAKING 1. Drumet (Poland) Drumet's undertaking applies to imports into the Community of SWR which have been produced and sold directly (i.e. invoiced and shipped) by this company to its first unrelated customers in the Community (clause 2 of the undertaking). Any other exports than those directly to its first unrelated customers in the Commu- nity are thus not covered by the terms of the under- taking and subject to the anti-dumping duty (27,9 %). C155,20.5.1998, p. 11. L 217,17.8.1999, p. 63.