98/684/EC: Commission Decision of 17 November 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 Regulation (EEC) No 2474/93 (notified under document number C(1998) 3529)
Date: 1998-11-17
Institutions: European Commission
Subjects: China, anti-dumping duty, flood, import policy, originating product, two-wheeled vehicle

L 320/60

EN

Official Journal of the European Communities

28. 11. 98

COMMISSION

COMMISSION DECISION

of 17 November 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 Regulation (EEC) No 2474/93

(notified under document number C(1998) 3529)

(98/684/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

A. REQUESTS PURSUANT TO ARTICLE 3 OF

REGULATION (EC) No 88/97

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
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 Council 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
of
imports of certain bicycle parts originating in the
People’s Republic of China from the extension by Regu-
lation (EC) No 71/97 of the anti-dumping duty imposed
by Regulation (EEC) No 2474/93 (4), and in particular
Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

(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)

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
to as ‘the extended anti-dumping duty') of
the
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
respect of their imports of essential bicycle parts
declared for
suspended
pursuant to Article 5(1) of that Regulation.

circulation was

free

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
the
examined and verified where necessary at
premises of the parties concerned.

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

(5) OJ C 45, 13. 2. 1997, p. 3;

OJ C 112, 10. 4. 1997, p. 9;
OJ C 378, 13. 12. 1997, p. 2 and
OJ C 217, 11. 7. 1998, p. 9.

28. 11. 98

EN

Official Journal of the European Communities

L 320/61

the value of

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
the
Article 7(1) of Regulation (EC) No 88/97,
parties listed in the Annex to this Decision should
be exempted from the extended anti-dumping
duty. The parties concerned were informed accord-
ingly 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 ‘C' series of the Official Journal of the Euro-

(4)

(5)

(6)

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

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.

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.

Done at Brussels, 17 November 1998.

For the Commission

Leon BRITTAN

Vice-President

L 320/62

EN

Official Journal of the European Communities

28. 11. 98

ANNEX

EXEMPTED PARTIES

Name

City

Country

Exemption
pursuant to
Regulation
(EC) No 88/97

Date of
effect

Taric
additional
codes

FIB srl

I-60032 Castelpiano

Italy

Article 5

18. 7. 1997

8327

Rabeneick GmbH

D-26135 Oldenburg

Germany

Article 5

6. 1. 1998

8489

Planet’Fun SA

F-17180 Perigny

France

Article 5

12. 2. 1998

8767

Cyclopodilatiki SA

GR-54627 Thessaloniki

Greece

Article 5

9. 2. 1998

8768

Cicli Regina di Romagna snc

I-47023 Cesena (FO)

Italy

Article 5

27. 2. 1998

8005

Pending Systems GmbH

D-95679 Waldershof

Germany

Article 5

16. 3. 1998

8490

Thompson SA

B-7860 Lessines

Belgium

Article 5

22. 4. 1998

8491

Lew Ways Ltd

UK-WS11 3NB Cannock

United Kingdom

Article 5

2. 6. 1998

8492

Aurora srl

I-Vittorio Veneto (TV)

Italy

Article 5

5. 6. 1998

8033

Olmo Giuseppe SpA

I-17015 Celle Ligure (SV)

Italy

Article 5

6. 7. 1998

8981