98/115/EC: Commission Decision of 28 January 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 Council Regulation (EEC) No 2474/93 (Only the German, Greek, French, Italian, Dutch and Portuguese texts are authentic)
Date: 1998-01-28
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, spare part, two-wheeled vehicle

6. 2. 98

EN

Official Journal of the European Communities

L 31/25

COMMISSION DECISION

of 28 January 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 Council Regulation (EEC) No 2474/93

(Only the German, Greek, French, Italian, Dutch and Portuguese texts are authentic)

(98/115/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 members of the European
Community (1), as amended by Regulation (EC) No 2331/
96 (2),

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 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 exemp-
tion 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 (4), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

A. REQUESTS PURSUANT TO ARTICLE 3 OF

REGULATION (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 of
certain bicycle parts from the People’s Republic of
China by Council Regulation (EC) No 71/97 (here-
inafter referred to as ‘the extended anti-dumping
duty') of the definitive anti-dumping duty imposed
on bicycles originating in the People’s Republic of

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ L 16, 18. 1. 1997, p. 55.
(4) OJ L 17, 21. 1. 1997, p. 17.

China by Regulation (EEC) No 2474/93. The
Commission published 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
parts declared for free circulation was suspended
pursuant to Article 5(1) of that Regulation.

The Commission requested and received the
necessary information from the parties listed in the
Annex to this Decision and found their requests
admissible pursuant to Article 4(1) of Regulation
(EC) No 88/97. The information provided was
the
examined and verified where necessary at
premises of the parties concerned.

the assembly operations of

The facts as finally ascertained by the Commission
show that
the ap-
plicants concerned do not fall within the scope of
Article 13(2) of Regulation (EC) No 384/96. It was
found that for all the applicants’ bicycle assembly
operations, 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 assembly
the
operations. In addition,
value-added to the parts brought in exceeded 25 %
of the manufacturing costs of the finished bicycles.

for some of

them,

For the above reasons, and in accordance with
Article 7(1) of Regulation (EC) 88/97, the parties
listed in the Annex to this Decision should be
exempted from the extended anti-dumping duty.
The parties concerned were informed accordingly
and given an opportunity to comment.

In accordance with Article 7(2) of Regulation (EC)
No 88/97 the parties listed in the Annex to this
Decision should be exempted from the extended
anti-dumping duty as from the date of receipt of
their request and their customs debt in respect of

(2)

(3)

(4)

(5)

(5) OJ C 45, 13. 2. 1997, p. 3 and OJ C 112, 10. 4. 1997, p. 9.

L 31/26

EN

Official Journal of the European Communities

6. 2. 98

(6)

the extended anti-dumping duty is to be consid-
ered void as from that date.

B. INFORMATION TO INTERESTED PARTIES
an
this Decision,
Following the adoption of
updated list of parties exempted pursuant
to
Article 7 of Regulation (EC) No 88/97 and of
parties whose requests pursuant to Article 3 of that
Regulation are under examination should be
published in the ‘C' series of the Official Journal
of the European Communities in accordance with
Article 16(2) of that Regulation,

by Regulation (EC) 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.

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.

HAS ADOPTED THIS DECISION:

Done at Brussels, 28 January 1998.

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

For the Commission

Leon BRITTAN

Vice-President

6. 2. 98

EN

Official Journal of the European Communities

L 31/27

ANNEX

EXEMPTED PARTIES

Name

City

Country

Exemption
pursuant to
Regulation
(EC) No 88/97

Date of
effect

Taric
additional
codes

Velo Schauff

D-53424 Remagen

Germany

Article 7

24.1.1997

8973

WSB Hi-Tech Bicycle
Europe BV

NL-9206 AG Drachten

The Netherlands

Article 7

5.2.1997

8979

Mara Srl

I-21052 Busto Arsizio (VA)

Italy

Article 7

12.2.1997

8983

SFG Sachsen-Anhalt
Fahrradbau GmbH

D-06526 Sangerhausen

Germany

Article 7

21.2.1997

8009

Bike Systems

D-97493 Bergrheinfeld

Germany

Article 7

1.4.1997

8034

Field SA

Starway

Confersil

G-57009 Kalochori

F-37230 Luynes

Greece

France

Article 7

1.4.1997

8034

Article 7

18.4.1997

8055

P-3751 (cid:214)gueda Codex

Portugal

Article 7

23.4.1997

8037

Jos(cid:130) Ferreira & Almeida, Lda

P-3770 Oliveira do Bairro

Portugal

Article 7

23.4.1997

8037

Union BV

Portosa Srl

Azor Bikes

Fonlupt SA

NV Minerva

NL-7711 GP Nieuwleusen

The Netherlands

Article 7

2.5.1997

8056

I-35030 Rubano (PD)

Italy

Article 7

28.5.1997

8090

NL-7707 AB Balkbrug

The Netherlands

Article 7

30.6.1997

8091

F-71600 Paray-le-Monial

France

Article 7

2.7.1997

8332

B-3580 Beringen

Belgium

Article 7

9.7.1997

8330

Ghost Mountain Bikes GmbH

D-95652 Waldsassen

Germany

Article 7

19.9.1997

8523

Kurt Gudereit

D-33607 Bielefeld

Germany

Article 7

22.9.1997

8524

Flanders NV

All Bikes Srl

B-9550 Herzele

Belgium

Article 7

30.9.1997

8522

I-12020 Villar San Costanzo (CN)

Italy

Article 7

28.10.1997

8748