98/366/EC: Commission Decision of 28 May 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 (notified under document number C(1998) 1427)
Date: 1998-05-28
Institutions: European Commission
Subjects: China, anti-dumping duty, import, originating product, spare part, two-wheeled vehicle

9. 6. 98

EN

Official Journal of the European Communities

L 164/49

COMMISSION DECISION

of 28 May 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

(notified under document number C(1998) 1427)

(98/366/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

respect of their imports of essential bicycle parts
suspended
declared for
pursuant to Article 5(1) of that Regulation.

circulation was

free

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
from countries
the European
Community (1), as amended by Regulation (EC) No 2331/
96 (2),

not members

of

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 exemption
imports of certain bicycle parts originating in the
of
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:

(1)

A. REQUESTS PURSUANT TO ARTICLE 3 OF

REGULATION (EC) No 88/97

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 Regulation (EC) No 71/97 (hereinafter referred
the
to as ‘the extended anti-dumping duty') of
definitive anti-dumping duty imposed on bicycles
originating in the People’s Republic of 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

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

OJ C 378, 13. 12. 1997, p. 2.

(2)

(3)

(4)

(5)

(6)

The Commission requested and received the neces-
sary 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
examined and verified where necessary at
the
premises of the parties concerned.

the value of

The facts as finally ascertained by the Commission
show that the assembly operations of the applicants
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 opera-
tions,
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
operations. In addition, for some of them, the value
added to the parts brought in exceeded 25 % of the
manufacturing costs of the finished bicycles.

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

B. INFORMATION TO INTERESTED PARTIES

Following the adoption of
this Decision, an
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 Regu-
lation are under examination will be published in
the
the ‘C'

the Official Journal of

series of

L 164/50

EN

Official Journal of the European Communities

9. 6. 98

European Communities in accordance with Article
16(2) of that Regulation,

The exemptions shall take effect in relation to each party
as from the relevant date shown in the column headed
‘Date of effect'.

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 bicycles originating
in the People’s Republic of China, to imports of certain
bicycle parts from the People’s Republic of China.

Article 2

This Decision is addressed to the Member States and to
the parties listed in the Annex to this Decision.

Done at Brussels, 28 May 1998.

For the Commission

Leon BRITTAN

Vice-President

9. 6. 98

EN

Official Journal of the European Communities

L 164/51

ANNEX

EXEMPTED PARTIES

Name

City

Country

Exemption
pursuant
to Regulation
(EC) No 88/97

Date of
effect

Taric
additional
codes

LDM Cycles SARL

F-38500 Voiron

France

Article 5

3.7.1997

8331

Giant Europe
Manufacturing BV

NL-8218 Lelystad

The Nether-
lands

Article 5

10.7.1997

8328

Magna Technology

UK-WA5 2UL
Warrington

United
Kingdom

Article 5

3.10.1997

8525

Bikkel Bikes

NL-6004 BE Weert

The Nether-
lands

Article 5

18.11.1997

8749

Ludo Cycles

B-3070 Kortenberg

Belgium

Article 5

24.11.1997

8750

Cicli Frera s.n.c.

I-35020 Arzergrande
(PD)

Italy

Article 5

18.2.1998

8205