Proposal for a Council Regulation amending Regulation (EC) No 397/1999 imposing a definitive anti-dumping duty on imports of bicycles originating in Taiwan
Date: 2000-05-08
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, import, originating product, two-wheeled vehicle

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.05.2000
COM(2000) 270 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 397/1999 imposing a definitive anti-dumping duty on
imports of bicycles originating in Taiwan

(presented by the Commission)

EXPLANATORY MEMORANDUM

By Regulation (EC) No 397/1999 the Council imposed a definitive anti-dumping duty
on imports of bicycles originating in Taiwan. The investigation, which led to the
imposition of the above-mentioned duty, used sampling in accordance with Article 17
of Regulation (EC) No 384/96 on protection against dumped imports from countries
not members of the European Community, hereinafter referred to as the basic
Regulation.

Article 11(4) of the basic Regulation provides that when sampling has been used in
the investigation a new exporter’s review cannot be initiated. However, in order to
ensure equal treatment between any genuine new exporting producer and the co-
operating companies not
included in the sample used in the above-mentioned
investigation, Article 2 of Regulation (EC) No 397/1999 established that where any
new exporting producer provides sufficient evidence to the Commission that it meets
three basic requirements (i.e. no exports during the investigation period, no relations
with exporting producers subject to the measures and actual exports or contractual
obligations to export after the investigation period), then the Council may grant to
these new exporting producers the weighted average duty applicable to the co-
operating companies not
included in the sample. This would be done with an
amendment of Article 1(3) of Regulation (EC) No 397/1999 by adding the new
exporting producers to the list annexed to that Regulation.

The Commission received several requests from Taiwan for new exporter status. The
examination of these requests together with the additional evidence provided, where
necessary, by the applicant companies showed that four of them fulfilled all the
relevant requirements.

The Commission accordingly proposes that the Council adopt the attached proposal
for a Regulation which amends Article 1(3) of Regulation (EC) No 397/1999 by
adding these four new exporting producers to the list annexed to that Regulation.

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 397/1999 imposing a definitive anti-dumping duty
on imports of bicycles originating in Taiwan

THE COUNCIL OF THE EUROPEAN UNION,

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
Community1,

Having regard to Article 2 of Council Regulation (EC) No 397/1999 of 22 February
1999 imposing a definitive anti-dumping duty on imports of bicycles originating in
Taiwan2,

Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

By Regulation (EC) No 397/1999 the Council imposed a definitive anti-
dumping duty on imports into the Community of bicycles falling within CN
codes 8712 00 10, 8712 00 30 and 8712 00 80 originating in Taiwan.
Sampling was applied to Taiwanese exporting producers and individual duty
rates ranging from 2,4% to 18,2% were imposed on the companies in the
sample, while other co-operating companies not included in the sample were
attributed a weighted average duty rate of 5,4%. A duty rate of 18,2% was
imposed on companies which either did not make themselves known or did
not co-operate in the investigation.

(2)

Article 2 of Regulation (EC) No 397/1999 stipulates that where any exporting
producer provides sufficient evidence that:

•

it did not export to the Community the products described in Article
1(1) of that Regulation during the investigation period (1 November
1996 to 31 October 1997),

1

2

OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (OJ L 128,
30.4.1998, p. 18).
OJ L 49, 25.2.1999, p. 1.

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•

•

it is not related to any of the exporters or producers in the exporting
country which are subject to the anti-dumping measures imposed by
that Regulation,

it has actually exported to the Community the products concerned after
the investigation period on which the measures are based, or it has
entered into an irrevocable contractual obligation to export a significant
quantity to the Community,

then Article 1(3) of that Regulation can be amended by granting that exporting
producer the duty rate applicable to co-operating producers which were not
included in the sample, i.e. 5,4%.

B. NEW EXPORTING PRODUCERS’ REQUESTS

(3)

Four new Taiwanese exporting producers, after having applied not to be
treated differently from the companies which co-operated in the original
investigation but were not included in the sample, have provided, on request,
evidence showing that they meet the requirements set out in Article 2 of
Regulation (EC) No 397/1999. The evidence provided by these applicant
companies is considered sufficient to allow that Regulation to be amended by
adding these four new exporting producers to the Annex thereto. That Annex
specifies the Taiwanese exporting producers which are subject to the weighted
average duty rate of 5,4%,

HAS ADOPTED THIS REGULATION:

Article 1

The following companies shall be added to the list of exporting producers from
Taiwan listed in the Annex to Regulation (EC) No 397/1999:

–

–

–

–

Chien Chin Frame Co., Ltd., Tainan,

High-Ride Bicycle Co., Ltd., Taichung,

John Ching Cycle Co., Ltd., Taichung,

Jonq Tyan Enterprise Co., Ltd., Tainan.

Article 2

This Regulation shall enter into force on the day following its publication in the
Official Journal of the European Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels,

For the Council

The President

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