Notice of initiation of an anti-dumping proceeding concerning imports of internal gear hubs for bicycles originating in Japan

(2000/C 214/04)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96(1), as last amended by Council Regulation (EC) No 905/98(2) (hereinafter referred to as "the Basic Regulation"), alleging that imports of internal gear hubs for bicycles, originating in Japan, are being dumped and are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 6 July 2000 by SRAM Deutschland GmbH (hereinafter referred to as "the complainant") representing a major proportion, in this case 80 % of the total Community production of internal gear hubs for bicycles.

2. Product

The product being dumped is internal gear hubs of a bicycle wheel with an integrated gear system (with three or more gears), regardless of whether or not also a hub brake is integrated in the hub (hereinafter referred to as "the product concerned"). The product is currently classifiable within CN code ex 8714 99 90. This CN code is given for information only.

It is also alleged that imports of the product concerned have been declared as hubs with integrated coaster or drum brakes, falling under CN code 8714 94 10 and as hubs without an integrated brake, falling under CN code 8714 93 10. Where the product concerned is declared under these or any other CN codes, it shall equally be subject to this proceeding.

3. Allegation of dumping

The allegation of dumping for Japan is based, in the absence of sufficient sales in the domestic market, on a comparison of normal value established on the basis of the export prices to an appropriate third country (Taiwan) with the export prices of the product concerned to the Community. On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the product concerned from Japan have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share, the quantities sold and the level of prices charged by the Community industry, resulting in substantial adverse effects on the financial situation and the employment situation of the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the Basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Japan is being dumped and whether this dumped has caused injury.

(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 exporting producers in Japan and to any association of exporting producers, and to the importers and to any association of importers named in the complaint, as well as to the authorities of Japan.

All interested parties should contact the Commission forthwith, but not later than the time limit set out in paragraph 6(a) in order to find out whether they are listed in the complaint, and, if necessary, request a questionnaire, given that the time limit set in paragraph 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 has to reach the Commission within the time limit set in paragraph 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 paragraph 6(c) of this notice.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the Basic Regulation and in order that a decision may be reached as to whether, in the event that the allegations of dumping and injury caused thereby are substantiated, the adoption of anti-dumping measures would not be against the Community interest, 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 general time limits set in paragraph 6(b) of this notice, make themselves known and provide the Commission with information. It should be noted that any information submitted pursuant 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 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 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.

(c) Hearings

All interested parties may also apply to be heard by the Commission within the same 40 days 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, adress, e-mail, telephone and fax, and/or telex numbers of the intersted party.

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

Directorates C and E

DM 24 - 8/37

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 does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final 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.

9. Schedule of the investigation

The investigation will be concluded according to Article 6(9) of the Basic Regulation within 15 months from the publication of this notice in the Official Journal of the European Communities. According to Article 7(1) of the Basic Regulation provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Communities.

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

(2) OJ L 128, 30.4.1998, p. 18.