Notice of initiation of an expiry review of the antidumping measures applicable to imports of bicycles originating in Indonesia, Malaysia and Thailand

(2001/C 110/03)

Following the publication of a notice of impending expiry(1), of the anti-dumping measures in force on imports of bicycles originating in Indonesia, Malaysia and Thailand ("countries concerned"), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96(2), as last amended by Regulation (EC) No 2238/2000(3) ("the Basic Regulation").

1. Request for review

The request was lodged on 12 January 2001 by the European Bicycle Manufactures Association (EBMA) ("the applicant") on behalf of producers representing a major proportion, in this case more than 50 % of the total Community production of bicycles.

2. Product

The product under review is bicycles and other cycles (including delivery tricycles), not motorised, originating in Indonesia, Malaysia and Thailand ("the product concerned"), currently classifiable within CN codes 8712 00 10, 8712 00 30 and 8712 00 80. These CN codes are given only for information.

3. Existing measures

The measures currently in force on the product concerned are a definitve anti-dumping duty imposed by Council Regulation (EC) No 648/96(4).

4. Grounds for the review

The request is based on the grounds that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry.

The applicant alleges that the exports from Indonesia, Malaysia and Thailand to the Community are likely to be made at substantial dumping margins should the measures expire.

The applicant has based its allegation of likelihood of a recurrence of dumping in respect of imports from Thailand on a comparison of normal value, established on the basis of domestic prices, with the export price offers of the product concerned to other markets.

The allegation of likelihood of continued dumping in respect of imports from Malaysia and Indonesia is based on a comparison of a constructed normal value with the export price offers of the product concerned to the Community.

On this basis, the likely dumping margins are significant for all countries concerned.

The applicant also presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase substantially. This is due to the existence of unused capacity in the countries concerned and to the likelihood of redirection of exports, currently made to other third countries, to the Community.

These allegations are based on the saturation in domestic and traditional export markets other than the Community due to the penetration of Chinese bicycles (i.e. USA and Japan), on the well-established distribution channels of exporters to the Community and on the attractiveness of the Community market for the imports concerned.

Concerning injury aspects, it is alleged that, in view of the still fragile situation of the Community industry, any recurrence of substantial imports at injurious dumped prices from the countries concerned would likely lead to a recurrence of injury of the Community industry should measures be allowed to lapse.

5. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure for the determination of likelihood of continuation or recurrence of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury. It will also examine the need for the continuation or removal of the existing measures.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to the exporters/producers in Indonesia, Malaysia and Thailand, to any association of exporters/producers, to the importers, to any association of importers named in the request or which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting countries concerned.

In any event, all parties which did not cooperate in the investigation leading to the measures subject to the present review, should contact the Commission forthwith by fax in order to find out whether they are listed in the request and, if necessary, request a questionnaire within the time limit set in point 5(a), given that the time limit set in point 6(b) of this notice applies to all interested parties.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(b) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(c) of this notice.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the Basic Regulation and in the event that the likelihood of a continuation or recurrence of dumping and injury is found, a decision will be reached as to whether the maintenance or repeal of the anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the time limits set in points 6(b) and (c) of this notice, make themselves known, provide the Commission with information and request a hearing. It should be noted that any information submitted prusuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6. Time limits

(a) For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Communities.

(b) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Communities, unless otherwise specified.

(c) Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day-time limit.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence: European Commission Directorate-General for Trade

Directorates B and C

TERV - 0/13 Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the Basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

(1) OJ C 271, 22.9.2000, p. 5.

(2) OJ L 56, 6.3.1996, p. 1.

(3) OJ L 257, 11.10.2000, p. 2.

(4) OJ L 91, 12.4.1996, p. 1.