98/551/EC: Commission Decision of 21 September 1998 lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in China granted to Société Européenne de Commerce sarl (France) pursuant to Commission Regulation (EC) No 88/97 (notified under document number C(1998) 2764)
Date: 1998-09-21
Institutions: European Commission
Subjects: China, anti-dumping duty, originating product, spare part, tariff exemption, two-wheeled vehicle

L 264/64

EN

Official Journal of the European Communities

29. 9. 98

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 21 September 1998

lifting the suspension of the payment of the anti-dumping duty extended to
certain bicycle parts originating in China granted to Soci(cid:130)t(cid:130) Europ(cid:130)enne de
Commerce sarl (France) pursuant to Commission Regulation (EC) No 88/97

(notified under document number C(1998) 2764)

(98/551/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

After consulting the Advisory Committee,

Having regard to the Treaty establishing the European
Community,

Whereas:

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 last amended by Regulation (EC) No
905/98 (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 under Regulation (EC) No 703/96 (3),

Having regard to Commission Regulation (EC) No 88/97
of 20 January 1997 on the authorization of the exemption
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 4(4) thereof,

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 128, 30. 4. 1998, p. 18.
(3) OJ L 16, 18. 1. 1997, p. 55.
(4) OJ L 17, 21. 1. 1997, p. 17.

(1)

(2)

(3)

Soci(cid:130)t(cid:130) Europ(cid:130)enne de Commerce sarl (hereinafter
referred to as ‘SECO'), a French bicycle assembler,
submitted a request on 14 February 1997 pursuant
to Article 3 of Commission Regulation (EC) No
88/97 to be exempted from the application of the
anti-dumping duty extended by Regulation (EC)
No 71/97 (hereinafter referred to as ‘the extended
duty').

Pursuant to Articles 5(1) and 11(2) of Regulation
(EC) No 88/97, payment of the customs debt in
respect of the extended duty was suspended for
SECO from the date of its request in respect of any
imports of essential bicycle parts declared for free
circulation. The date of effect of the suspension was
published in the Official Journal of the European
Communities (5).

Following the receipt of SECO’s
the
Commission services requested additional informa-
tion required for the determination of its admiss-
ibility and prescribed a time limit for the submis-
sion of this information.

request,

(5) OJ C 112, 10. 4. 1997, p. 9.

29. 9. 98

EN

Official Journal of the European Communities

L 264/65

(4)

(5)

Since SECO had failed to provide the information
requested for the determination of the admissibility
of
the
its request within the period specified,
Commission informed the company, in accordance
with Article 4 of Regulation (EC) No 88/97 that it
intended to reject its request for exemption from
the extended duty, and gave it an opportunity to
comment. No comments were received.

Since SECO is no longer justified in benefiting
from a suspension of the payment of the extended
duty,
the suspension should be lifted, and the
extended duty collected.

HAS ADOPTED THIS DECISION:

Article 1

The request for exemption from the extended duty made
pursuant to Article 3 of Regulation (EC) 88/97 by Soci(cid:130)t(cid:130)

Europ(cid:130)enne de Commerce sarl (France) is hereby rejected
as inadmissible.

Article 2

The suspension of the payment of the extended duty
pursuant to Article 5 of Regulation (EC) No 88/97 is
hereby lifted for Soci(cid:130)t(cid:130) Europ(cid:130)enne de Commerce sarl.
(France).

Article 3

This Decision is addressed to the Member States and to
Soci(cid:130)t(cid:130) Europ(cid:130)enne de Commerce sarl, 626 route d’Arras,
59554 Raillencourt-Saint-Olle.

Done at Brussels, 21 September 1998.

For the Commission

Leon BRITTAN

Vice-President