# Commission Implementing Decision of 16 April 2014 concerning exemptions from the extended anti-dumping duty on certain bicycle            parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97 (notified under document            C(2014) 2474) (2014/223/EU)         

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U.K.

# Commission Implementing Decision

# of 16 April 2014

# concerning exemptions from the extended *anti-dumping* duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97                     

# (notified under document C(2014) 2474)

# (2014/223/EU)

THE EUROPEAN COMMISSION,

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(1), and in particular Article 13(4) thereof,                        

Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by                           Regulation (EEC) No 2474/93 on bicycles originating in the People's Republic of China to imports of certain bicycle parts                           from the People's Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96(2), and in particular Article 3 thereof,                        

Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of                           certain bicycle parts originating in the People's Republic of China from the extension by Council Regulation (EC) No 71/97                           of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93(3), and in particular Articles 4, 5, 7 and 10 thereof,                        

After informing the Member States,

Whereas:

(1)After the entry into force of Regulation (EC) No 88/97 (‘the exemption Regulation’), a number of bicycle assemblers submitted                              requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty extended to imports of certain                              bicycle parts from the People's Republic of China (‘the PRC’) by Regulation (EC) No 71/97 (‘the extending Regulation’) (‘the                              extended duty’). The most recent Commission Decision concerning exemptions from the extended duty pursuant to exemption Regulation                              was adopted on 19 December 2011(4).

(2)The Commission has published in the *Official Journal of the European Union* successive lists of bicycle assemblers(5) for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for                              free circulation was suspended pursuant to Article 5(1) of the exemption Regulation. Furthermore, lists of newly exempted                              bicycle assemblers and lists of revoked exemptions were published.

1.AUTHORISATION OF EXEMPTION(3)The Commission received from the party set out in table 1 all the information required for the determination of the admissibility                                 of its request. Based on that information, the Commission found that the request was admissible pursuant to Article 4(1) of                                 the exemption Regulation. Pursuant to Article 5(1) of the same Regulation, that party has received the suspension as from                                 the day on which the Commission received its request.*Table 1*NameAddressCountryTARIC additional codeEts Th Brasseur SARue des Steppes 13, 4000 LiègeBelgiumB294(4)The Commission established during the examination that the value of the parts originating in the PRC used in this party's                                 assembly operations constituted less than 60 % of the total value of the parts used in those operations. Consequently, they                                 fall outside the scope of Article 13(2) of Regulation (EC) No 1225/2009.(5)For that reason, and in accordance with Article 7(1) of the exemption Regulation, that party should be exempted from the extended                                 duty.
In accordance with Article 7(2), the exemption should take effect as from the date of receipt of its request and, in addition,                              its customs debt in respect of the extended duty should be considered void from the same date.                           
(6)Since the exemption will apply only to the party specifically referred to in table 1 with its name and address, it is necessary                                 that exempted party notifies the Commission(6) forthwith, of any changes to these (for instance, following a change in the name, legal form or address or following the                                 setting up of new assembly entities). In such case, it is necessary that the party provides all relevant information, in particular                                 on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references                                 to this party.

2.SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMIMATION(7)The Commission received from the parties under examination listed in table 2 all the information required for the prima facie                                 determination of the admissibility of their requests for exemption. Based on that information, the Commission found that the                                 requests were admissible pursuant to Article 4(1) of the exemption Regulation.(8)Pending a decision on the merits of requests from the parties under examination listed in table 2, payments of extended duty                                 in respect of any imports of essential bicycle parts declared for free circulation by these parties should be suspended pursuant                                 to Article 5 of the exemption Regulation.(9)Since the suspension will apply only to the parties specifically referred to in table 2 with their names and addresses, it                                 is necessary that the parties notify the Commission(7) forthwith, of any changes to these (for instance following a change in the name, legal form or address or following the setting                                 up of new assembly entities). In such case, it is necessary that the party provides all relevant information, in particular                                 on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references                                 to this party.*Table 2*NameAddressCountryTARIC additional codec2g-engineering GmbHSchlesische Straße 27, 10997 BerlinGermanyB934Solo International OyPyyntitie 1 B, 02230 EspooFinlandB940Planet X LtdUnit 6, Ignite Business Park, Magna Way, Rotherham S60 1FDUKA995S.C EUROBIKE UNIVERSAL S.R.L.,Street Asociatiei No 4, Movilita, IalomitaRomaniaB941Longway Poland Sp. z o.o.ul. Rajdowa 3a, Konotopa, 05-850 Ożarów MazowieckiPolandB935BBF Bike GmbHCarena Allee 8, 15366 HoppegartenGermanyB936

3.REJECTION OF REQUEST FOR EXEMPTION AND LIFTING RELATED SUSPENSION(10)The party set out in table 3 submitted a request for exemption from the extended anti-dumping duty. The payments of the customs                                 debt in respect of the extended duty pursuant to Article 2(1) of the extending Regulation have been suspended pursuant to                                 Article 5 of the exemption Regulation in respect of any imports of essential bicycle parts declared for free circulation by                                 this party as from the day on which the Commission received its request.*Table 3*NameAddressCountryTARIC additional codeIBEROSELLE, LDAVale Domingos 3750 — 321 ÁguedaPortugalB292(11)This party limited its assembly operations to minor quantities and continues to import bicycle parts from the PRC only in                                 quantities below the threshold of 300 units per type on a monthly basis. Therefore, this party has withdrawn its request for                                 an exemption from the anti-dumping duty on bicycle parts.(12)On these grounds and pursuant to with Article 7(3) of the exemption Regulation, the Commission has to reject this party's                                 request and lift the suspension of the payment of the extended duty laid down in Article 5 of the exemption Regulation. Consequently,                                 the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, that                                 is the date on which the suspension took effect.(13)What is said in the preceding recital does not exclude the application of an exemption subject to end-use control in accordance                                 with Article 14 of the exemption Regulation.

4.REVOCATION OF EXEMPTION(14)For the party set out in table 4 the exemption should be revoked.*Table 4*NameAddressCountryTARIC additional codeBorge Kildemoes Cykelfabrik A/SAlbanivej 7, Nr. Lyndelse, 5792 ArslevDenmarkA166(15)This party was exempted from the extended anti-dumping duty on bicycle parts. The party informed the Commission services that                                 it had ended its assembly operations. For the sake of clarity, the exemption should therefore be revoked.

5.UPDATE OF REFERENCES TO CERTAIN EXEMPTED PARTIES(16)The exempted parties listed in table 5 came forward and informed the Commission that their name, legal form or address has                                 changed. The Commission, after having examined the information submitted, concluded that those changes in no way affect the                                 assembly operations with regard to the conditions of exemption set forth in the exemption Regulation.(17)While the exemptions of those parties from the extended duty authorised pursuant to Article 7(1) of the exemption Regulation                                 remain unaffected, the references to those parties should be updated.*Table 5*Former referenceChangeTARIC additional code
Cannondale Europe BV

Hanzepoort 27,

NL-7575 DB Oldenzaal
The name has been changed to ‘Cycling Sports Group Europe B.V.’A686
4Ever s.r.o.

2. Května 267,

CZ-742 13 Studénka
The address has been changed to ‘Moravská 842, 742 13 Studénka, Czech Republic’A558
Canyon Bicycles GmbH

Koblenzer Strasse 236,

DE-56073 Koblenz
The address has been changed to ‘Karl-Tesche-Str. 12, 56073 Koblenz, Germany’A856
Kellys Bicycles

sro Krajinská 1

SK-92101 Piešt'any
The address has been changed to ‘Slnečná cesta 374, 922 01 Veľké Orvište, Slovak Republic’A551
Madirom PROD SRL

Bd. Liviu Rebreanu nr. 130

RO-300748 Timișoara, Timiș
The name and address has been changed to ‘S.C. Madirom Prod S.R.L., Strada Stefan Procopiu Nr. 1, 300647 Timisoara, Judet                                             Timis, Romania’                                          A896
Intercycles SA,

F-85000 La Roche sur Yon, France
The name and legal form has been changed to ‘Arcade Cycles S.A.S.’8065
Veronese Luigi S.N.C. di Veronese Paolo e Elisabetta — Cicli Roveco

Via Umberto I, 508

I-45023 Costa di Rovigo — IT
The name and legal form has been changed to ‘Cicli Roveco di Veronese Paolo & C. S.A.S.’A402
Cobran snc di Perrino Agostino & C.,

Via Zingarina, 6

I-47900 Rimini — IT
The name and legal form has been changed to ‘Cobran S.R.L.’A246
Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt.

Duna Lejáró 7

H-1211 Budapest
The name and address has been changed to ‘Csepel Bicycle Manufacturing and Sales Company LTD., Duna Lejáró 7, H-1211 Budapest,                                             Hungary’                                          A555
MICMO/Gitane,

F-44270 Machecoul
The name has been changed to ‘Manufacture Française Du Cycle’8963
Metelli di Staffoni Mario & C.S.A.S.

Via Trento 68

IT-25030 Trenzano (BS)
The name has been changed to ‘Metelli di Metelli Maria Rosa E C. S.A.S.’A979
Vizija Sport d.o.o.

Tržaška cesta 87 b,

SL-1370 Logatec
The address has been changed to ‘Tržaška cesta 77, 1370 Logatec, Slovenia’A630
Euro Bike Products

ul. Starolecka 18

PL-61-361 Poznan
The address has been changed to ‘ul. Ostrowska 498, 498A, 61-324 Poznań, Poland’A849Speedcross di Torretta P. e C. snc — Corso Italia 20 — I-20020 Vanzaghello (MI) ItalyThe name has been changed to ‘Speedcross di Torretta Luigi E C. s.n.c.’A163
Code X Sp. z o.o.

Olszanka 109,

PL-33-386 Podegrodzie
The name has been changed to: ‘Skilledbike Sp. z o.o.’A966Gruppo Bici Srl — Via Pitagora 15 — I-47023 CesenaThe legal form has been changed to ‘Gruppo Bici S.p.A.’8005
Bohemia Bike

Okružní 110, Hlincova Hora

CZ-373 71 Rudolfov
The address has been changed to ‘Okružní 697, 370 01 České Budějovice, Czech Republic’A605
Novus Bike s.r.o.

Hlavní 266

CZ-747 81 Otice
The address has been changed to ‘Vančurova 2985/20, 746 01 Opava 1, Czech Republic’A553

HAS ADOPTED THIS DECISION:

# Article 1U.K.

For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 shall apply.

# Article 2U.K.

The party set out in table 1 is hereby exempted from the extension by Regulation (EC) No 71/97 of the definitive anti-dumping                     duty on bicycles originating in the People's Republic of China imposed by Council Regulation (EEC) No 2474/93(8) to imports of certain bicycle parts from the People's Republic of China.                  

The exemption shall take effect in relation to that party as from the date provided for in the column headed ‘Date of effect’.

The exemption shall apply only to the party specifically referred to in table 1 with its name and address. The exempted party                     shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular on any modification                     in the party's activities linked to assembly operations with regard to the conditions of exemption.                  

## *Table 1*

**Exempted party**

# Article 3U.K.

The parties listed in table 2 are under examination pursuant to Article 6 of Regulation (EC) No 88/97.

The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 shall be effective                     as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’.                  

This suspension shall apply only to the parties specifically referred to in table 2 with their names and addresses. The party                     under examination shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular                     on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension.                  

## *Table 2*

**Parties under examination**

# Article 4U.K.

The request for exemption from the extended anti-dumping duty submitted by the party set out in table 3 is hereby rejected                     pursuant to Article 7 of Regulation (EC) No 88/97.                  

The suspension of payment of the extended anti-dumping duty is hereby lifted for this party pursuant to Article 7 of Regulation                     (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.                  

## *Table 3*

**Party for which the suspension shall be lifted**

# Article 5U.K.

The exemption of the party set out in table 4 from the payment of the extended anti-dumping duty is hereby revoked pursuant                     to Article 10 of Regulation (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.                  

## *Table 4*

**Party for which the exemption shall be revoked**

# Article 6U.K.

Updated references to the exempted parties listed in table 5 are provided for in the column headed ‘New reference’. The corresponding                     TARIC additional codes previously attributed to these exempted parties as provided for in the column headed ‘TARIC additional                     code’ remain the same.                  

## *Table 5*

**Exempted parties for which the reference shall be updated**

# Article 7U.K.

This Decision is addressed to the Member States and to the parties listed in Articles 2, 3, 4, 5 and 6. It is also published                     in the *Official Journal of the European Union*.                  

Done at Brussels, 16 April 2014.

*For the Commission*                            

Karel De Gucht                            

*Member of the Commission*                            

1

OJ L 343, 22.12.2009, p. 51.                           

2

OJ L 16, 18.1.1997, p. 55.                           

3

OJ L 17, 21.1.1997, p. 17.                           

4

OJ L 343, 23.12.2011, p. 86.                           

5

OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16 and OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86.                           

6

The parties are advised to use the following e-mail address: TRADE-BICYCLE-PARTS@ec.europa.eu.

7

The parties are advised to use the following e-mail address: TRADE-BICYCLE-PARTS@ec.europa.eu.

8

OJ L 228, 9.9.1993, p. 1.