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, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the ‘basic Regulation’), and in particular Articles 9(4) and 13(4) thereof, Having regard to the proposal submitted by the European Commission (the Commission’) after consulting the Advisory Committee, Whereas: A. EXISTING MEASURES (1) By Regulation (EC) No 1858/2005 (3, the Council imposed anti-dumping measures on steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm (certain steel ropes and cables’ or ‘the product concerned’), currently falling within CN codes ex73121081, ex731210 83, ex 7312 10 85, ex 731210 89 and ex 7312 10 98 and originating, inter alia, in the People’s Republic of China (‘the original measures’). The measures with regard to these imports consisted of a duty rate applicable to the CIF net, free-at-Union frontier price, before duty, of 60,4 %. (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 was concluded by Implementing Regulation (EU) No 400/2010 (%), through which the Council extended the definitive anti-dumping duty against certain steel ropes 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 consigned by certain specifically mentioned Korean companies were excluded from these measures as the companies concerned were not found to be circum- 343, 22.12.2009, p. 51. 299, 16.11.2005, p. 1. 0J L () OJ L 0J L 117, 11.5.2010, p. 1. venting the measures. Moreover, even though some of the Korean companies concerned were related to PRC companies that are subject to the original measures, there was no evidence that such relationship was estab- lished or used to circumvent the measures in place on imports originating in the PRC (*). (3) By Implementing Regulation (EU) No 102/2012 (%) and following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council maintained these measures. B. INITIATION OF A REVIEW (4) By Regulation (EU) No 969/2011 (%), the Commission opened a review of Implementing Regulation (EU) No 400/2010 for the purpose of determining the possibility of granting an exemption from those measures to one Korean exporter, Seil Wire & Cable (the applicant), repealed the anti-dumping duty with regard to imports from the applicant and made imports from it subject to registration. (5)  The review was opened as the Commission considered that there was sufficient prima facie evidence for the applicant’s allegations that it was a new exporting producer according to Article 11(4) of the basic Regu- lation and that it could meet the criteria for being granted an exemption to the extension of the measures as per Article 13(4) of the basic Regulation. (6)  An examination has therefore been carried out to ( ( 5 6 determine whether the applicant fulfils the criteria for being granted an exemption to the extended measures as set out in recitals 5 to 7 of Regulation (EU) No 969/2011, by verifying that: (i) it did not export the product concerned to the European Union during the investigation period used in the investigation that led to the extended measures, i.e. 1 July 2008 to 30 June 2009; (*) See recital 80 of Implementing Regulation (EU) No 400/2010. ) OJ L 36, 9.2.2012, p. 1. ) O] L 254, 30.9.2011, p. 7.