EN Official Journal of the European Union CE 88/57

(2004/C 88 E/0062)

WRITTEN QUESTION E-2019/03

by Bart Staes (Verts/ALE) to the Commission

(17 June 2003)

Subject: Anti-dumping duty on bicycles imported from China

Early in 1993, the Commission announced its intention to impose an anti-dumping duty on imports of bicycles originating in the People's Republic of China. ‘The rate of the duty, applicable to the net free-at-Community-frontier price, before duty, shall be 34,4 %.’ (IP/93/182 of 11 March 1993). This measure remains in force until July 2005.

What favourable or unfavourable impact has this measure had on the European bicycle industry?

Does the Commission intend to extend this anti-dumping duty?

If so, can it provide further details?

If not, why not?

If it is decided not to extend the measure, what consequences is this likely to have for the European bicycle industry?

How will the Commission deal with these consequences?

Answer given by Mr Lamy on behalf of the Commission

(15 July 2003)

The proceeding was initiated following a request of the European Bicycle Manufacturers Association (EBMA) and the Council imposed definitive measures by Council Regulation (EEC) No 2474/93 of 8 September 1993 imposing a definitive anti-dumping duty on imports into the Community of bicycles originating in the People's Republic of China and collecting definitively the provisional anti-dumping duty (1). The rate of duty was fixed at 30,6 %. This duty rate was confirmed following an expiry review which was concluded by Council Regulation (EC) No 1524/2000 of 10 July 2000 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China (2). Subsequently, an interim review was opened at the request of four producers claiming market economy status. This review was terminated by Council Regulation (EC) No 2131/2001 of 29 October 2001 (3) without changing the level of the measures, because the applicants had withdrawn their review request. The measures will expire in July 2005 unless a full interim or expiry review confirming the continued need of the measures is opened before that date.

In accordance to Article 11 (2) of the Anti-dumping Basic Regulation (4), Community producers are entitled to lodge a request for an expiry review no later than three months before expiration of the duties. Pursuant to Article 5(5) of the Anti-dumping Basic Regulation, the Commission is not able to comment on requests or complaints seeking the initiation of an investigation prior to a decision being taken on whether or not to actually initiate an investigation … Should such an expiry review be initiated, a notice of initiation would normally be published in the Official Journal of the European Union shortly before the scheduled expiry of the measure, i.e. in this case, 10 July 2005. The same would happen in case that measures were allowed to expire, i.e. a notice announcing the actual expiry of the measures would be published in the Official Journal around the date of the expiry of the measures. Up to date no notice has been published concerning the above-mentioned measures.

Future developments on this proceeding can be followed at the following address on the Internet: (http://europa.eu.int/comm/trade/policy/dumping/stats.htm).

With regard to the impact of the measures for the Community Industry, this information is not collected systematically outside an investigation. Since no investigation is ongoing, the Commission does not have any information at the moment. However, it should be noted that EBMA has argued in the last review that the expiry of measures would be likely to result in continuation or recurrence of dumping and injury to the Community Industry. For any further information concerning the impact of the measures, the Commission suggests the Honourable Member to contact the EBMA directly.

(1) OJ L 228, 9.9.1993.

(2) OJ L 175, 14.7.2000.

(3) OJ L 287, 31.10.2001.

(4) Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, OJ L 56, 6.3.1996.