1998D0684 — EN — 20.11.1998 — 000.001 — 1
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►B COMMISSION DECISION
of 17 November 1998
exempting 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 Regulation
(EEC) No 2474/93
(notifiedunderdocumentnumberC(1998)3529)
(98/684/EC)
(OJ L 320, 28.11.1998, p. 60)
Corrected by:
►C1 Corrigendum, OJ L 298, 19.11.1999, p. 39 (98/684)
1998D0684 — EN — 20.11.1998 — 000.001 — 2
▼B
COMMISSION DECISION
of 17 November 1998
exempting imports of certain bicycle parts originating in the
People's Republic of China from the extension by Council Regula-
tion (EC) No 71/97 of the anti-dumping duty imposed by Regulation
(EEC) No 2474/93
(notifiedunderdocumentnumberC(1998)3529)
(98/684/EC)
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 membersof the European Community (
1), as last amended by Regulation (EC) No
905/98 (2),
Having regard to Council Regulation (EC) No 71/97 of 10 January
1997 extending the definitive anti-dumping duty imposed by CouncilRegulation (EEC) No 2474/93 on bicycles originating in the People'sRepublic of China to imports of certain bicycle parts from the People's
Republic of China, and levying the extended duty on such imports
registered pursuant to Regulation (EC) No 703/96 (
3),
Having regard to Commission Regulation (EC) No 88/97 of 20 January
1997 on the authorisation of the exemption of imports of certain bicycleparts originating in the People's Republic of China from the extension
by Regulation (EC) No 71/97 of the anti-dumping duty imposed by
Regulation (EEC) No 2474/93 (
4), and in particular Article 7 thereof,
After consulting the Advisory Committee,
Whereas:
A.REQUESTS PURSUANT TO ARTICLE 3 OF REGULA-
TION (EC) No 88/97
(1) After the entry into force of Regulation (EC) No 88/97 a number
of bicycle assemblers submitted requests pursuant to Article 3 of
that Regulation for exemption from the extension to imports ofcertain bicycle parts from the People's Republic of China byRegulation (EC) No 71/97 (hereinafter referred to as ‘theextended anti-dumping duty’) of the definitive anti-dumping duty
imposed on bicycles originating in the People's Republic of
China by Regulation (EEC) No 2474/93. The Commissionpublished in the Official Journal of the European Communities a
list of applicants (
5) for which payment of the extended anti-
dumping duty in respect of their imports of essential bicycle partsdeclared for free circulation was suspended pursuant to Article
5(1) of that Regulation.
(2) The Commission requested and received the necessary informa-
tion from the parties listed in the Annex to this Decision andfound their requests admissible pursuant to Article 4(1) of Regu-
lation (EC) No 88/97. The information provided was examined
and verified where necessary at the premises of the partiesconcerned.
(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 128, 30. 4. 1998, p. 18.
(3) OJ L 16, 18. 1. 1997, p. 55.
(4) OJ L 17, 21. 1. 1997, p. 17.
(5) OJ C 45, 13. 2. 1997, p. 3;
OJ C 112, 10. 4. 1997, p. 9;
OJ C 378, 13. 12. 1997, p. 2 and
OJ C 217, 11. 7. 1998, p. 9.
1998D0684 — EN — 20.11.1998 — 000.001 — 3
▼B
(3) The facts as finally ascertained by the Commission show that the
assembly operations of the applicants concerned do not fallwithin the scope of Article 13(2) of Regulation (EC) No 384/96.It was found that for all the applicants' bicycle assembly opera-tions, the value of the parts originating in the People's Republic
of China which were used in their assembly operations was lower
than 60 % of the total value of the parts used in these assemblyoperations. In addition, for some of them, the value added to theparts brought in exceeded 25 % of the manufacturing costs of thefinished bicycles.
(4) For the above reasons, and in accordance with Article 7(1) of
Regulation (EC) No 88/97, the parties listed in the Annex to this
Decision should be exempted from the extended anti-dumpingduty. The parties concerned were informed accordingly and givenan opportunity to comment.
(5) In accordance with Article 7(2) of Regulation (EC) No 88/97 the
parties listed in the Annex to this Decision should be exemptedfrom the extended anti-dumping duty as from the date of receipt
of their request and their customs debt in respect of the extended
anti-dumping duty is to be considered void as from that date.
B.INFORMATION TO INTERESTED PARTIES
(6) Following the adoption of this Decision, an updated list of parties
exempted pursuant to Article 7 of Regulation (EC) No 88/97 andof parties whose requests pursuant to Article 3 of that Regulationare under examination will be published in the ‘C’ series of the
Official Journal of the European Communities in accordance
with Article 16(2) of that Regulation,
HAS ADOPTED THIS DECISION:
Article 1
The parties listed in the Annex to this Decision are hereby exempted
from the extension by Regulation (EC) No 71/97, of the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicyclesoriginating in the People's Republic of China, to imports of certainbicycle parts from the People's Republic of China.
The exemptions shall take effect in relation to each party as from the
relevant date shown in the column headed ‘Date of effect’.
Article 2
This Decision is addressed to the Member States and to the parties listed
in the Annex to this Decision.
1998D0684 — EN — 20.11.1998 — 000.001 — 4
▼B
ANNEX
EXEMPTED PARTIES
Name City CountryExemption
pursuant to
Regulation
(EC) No
88/97Date of
effectTaric
addi-
tional
codes
FIB srl I-60032 Castelpiano Italy Article 5 18. 7. 1997 8327
Rabeneick GmbH D-26135 Oldenburg Germany Article 5 6. 1. 1998 8489Planet'Fun SA F-17180 Perigny France Article 5 12. 2. 1998 8767Cyclopodilatiki SA GR-54627 Thessaloniki Greece Article 5 9. 2. 1998 8768Cicli Regina di
Romagna sncI-47023 Cesena (FO) Italy Article 5 27. 2. 1998 8005
►
C1Pending Systems
GmbH Co. KG ◄D-95679 Waldershof Germany Article 5 16. 3. 1998 8490
Thompson SA B-7860 Lessines Belgium Article 5 22. 4. 1998 8491
Lew Ways Ltd UK-WS11 3NB Cannock United
KingdomArticle 5 2. 6. 1998 8492
Aurora srl I-Vittorio Veneto (TV) Italy Article 5 5. 6. 1998 8033
Olmo Giuseppe SpA I-17015 Celle Ligure
(SV)Italy Article 5 6. 7. 1998 8981