2000/316/EC: Commission Decision of 2 May 2000 terminating the anti-dumping proceedings concerning imports of bicycle frames originating in the People's Republic of China and Taiwan, bicycle forks originating in the People's Republic of China and Taiwan and complete wheels of bicycles originating in the People's Republic of China, as well as the interim review of the anti-dumping measures extended to imports of, inter alia, bicycle frames, bicycle forks and complete wheels of bicycles originating in the People's Republic of China (notified under document number C(2000) 1010)
Date: 2000-05-02
Institutions: European Commission
Subjects: China, Taiwan, anti-dumping duty, anti-dumping legislation, spare part, two-wheeled vehicle

L 105/40

EN

Official Journal of the European Communities

3.5.2000

COMMISSION

COMMISSION DECISION

of 2 May 2000

terminating the anti-dumping proceedings concerning imports of bicycle frames originating in the
People's Republic of China and Taiwan, bicycle forks originating in the People's Republic of China
and Taiwan and complete wheels of bicycles originating in the People's Republic of China, as well
as the interim review of the anti-dumping measures extended to imports of, inter alia, bicycle
frames, bicycle forks and complete wheels of bicycles originating in the People's Republic of China

(notified under document number C(2000) 1010)

(2000/316/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

On 21 September 1999 the Commission received a
complaint concerning the alleged injurious dumping by
import of bicycle frames originating in the People's
Republic of China and Taiwan, bicycle forks originating
in the People's Republic of China and Taiwan and
complete wheels of bicycles originating in the People's
Republic of China.

The complaint was lodged by the European Bicycle
Manufacturers Association (EBMA) on behalf of
Community producers representing a major proportion
of the total Community production of bicycle frames,
bicycle forks and complete wheels of bicycles pursuant
to Articles 4(1) and 5(4) of Regulation (EC) No 384/96
(hereinafter referred to as the ‘basic Regulation’).

The complaint contained prima facie evidence of the
injury resulting
existence of dumping and of material
therefrom, which was considered sufficient to justify the
initiation of three separate anti-dumping proceedings.

after

currently

classifiable within

consultation, by a notice
The Commission,
published in the Official Journal of the European Communi-
ties (3), accordingly initiated anti-dumping proceedings
concerning imports into the Community of bicycle
frames currently classifiable within CN code 8714 91 10
and originating in the People's Republic of China and
Taiwan, bicycle forks currently classifiable within CN
code 8714 91 30 and originating in the People's
Republic of China and Taiwan and complete wheels of
bicycles
CN code
ex 8714 99 90 and originating in the People's Republic
of China. At the same time the Commission decided to
initiate, pursuant to Article 11(3) of the basic Regula-
tion, an interim review of Council Regulation (EC) No
71/97 (4), which extended the duties imposed by Council
Regulation (EEC) No 2474/93 (5), on bicycles originating
in the People's Republic of China to imports of, inter alia,
bicycle frames, bicycle forks and complete wheels of
bicycles originating in the People's Republic of China.
The purpose of the interim review was to allow for the
amendment or repeal of the extended measures in the
light of the findings of the investigations initiated sepa-
rately for bicycle frames, bicycle forks and complete
wheels of bicycles.

(5)

The Commission officially informed the exporting
producers, importers and representative associations of
importers and exporters known to be concerned, the
the exporting countries and the
representatives of
complainant Community producers.
Interested parties
were given the opportunity to make their views known
in writing and to request a hearing within the time limit
set out in the notice of initiation.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.

(3) OJ C 318, 5.11.1999, p. 6.
(4) OJ L 16, 18.1.1997, p. 55.
(5) OJ L 228, 9.9.1993, p. 1.

3.5.2000

EN

Official Journal of the European Communities

L 105/41

(6)

(7)

(8)

(9)

B. WITHDRAWAL OF THE COMPLAINT AND TERMIN-

ATION OF THE PROCEEDING

By a fax of 24 January 2000 to the Commission, EBMA
formally withdrew its complaint citing that the reason
for the withdrawal was the decline in support for the
proceedings within EBMA.
In accordance with Article 9(1) of the basic Regulation, a
proceeding may be terminated where the complaint is
withdrawn, unless such termination would not be in the
Community interest.
The Commission considered that the present proceed-
ings should be terminated since the investigation had
not brought to light any considerations showing that
such termination would not be in the Community
interest.
Interested parties were informed accordingly
and were given the opportunity to comment. No
comments indicating that such termination would not
be in the Community interest were received.
the anti-
The Commission therefore concludes that
dumping proceedings concerning imports
into the
Community of bicycle frames originating in the People's
Republic of China and Taiwan, bicycle forks originating
in the People's Republic of China and Taiwan and
complete wheels of bicycles originating in the People's
Republic of China, as well as the interim review of the
anti-dumping measures extended to imports of, inter alia,
bicycle frames, bicycle forks and complete wheels of

bicycles originating in the People's Republic of China
should be terminated without the imposition of anti-
dumping measures,

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceedings concerning imports of bicycle
frames currently classifiable within CN code 8714 91 10 and
originating in the People's Republic of China and Taiwan,
bicycle forks currently classifiable within CN code 8714 91 30
and originating in the People's Republic of China and Taiwan
and complete wheels of bicycles currently classifiable within
CN code ex 8714 99 90 and originating in the People's
Republic of China, as well as the interim review of the anti-
dumping measures extended to imports of, inter alia, bicycle
frames, bicycle forks and complete wheels of bicycles origin-
ating in the People's Republic of China are hereby terminated.

Done at Brussels, 2 May 2000.

For the Commission

Pascal LAMY

Member of the Commission