Notice of initiation of an anti-dumping proceeding concerning imports of internal gear hubs for bicycles originating in Japan
Date: 2000-07-27
Institutions: European Commission
Subjects: Japan, anti-dumping legislation, dumping, import, two-wheeled vehicle, vehicle parts

C 214/4

EN

Official Journal of the European Communities

27.7.2000

Notice of initiation of an anti-dumping proceeding concerning imports of internal gear hubs for
bicycles originating in Japan

(2000/C 214/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 905/98 (2) (hereinafter referred to
as (cid:145)the Basic Regulation(cid:146)), alleging that imports of internal gear
hubs for bicycles, originating in Japan, are being dumped and
are thereby causing material injury to the Community industry.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share, the quantities sold and
the level of prices charged by the Community industry,
financial
adverse
resulting in substantial
situation and the employment situation of
the Community
industry.

effects on the

1. Complaint

5. Procedure

The complaint was
Deutschland GmbH (hereinafter
complainant(cid:146)) representing a major proportion,
80 % of
the total Community production of
hubs for bicycles.

lodged on 6 July 2000 by SRAM
to
(cid:145)the
referred
in this case
internal gear

as

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

2. Product

5.1. Procedure for the determination of dumping and injury

The product being dumped is internal gear hubs of a bicycle
wheel with an integrated gear system (with three or more
gears), regardless of whether or not also a hub brake is inte-
grated in the hub (hereinafter referred to as (cid:145)the product
concerned(cid:146)). The product is currently classifiable within CN
code ex 8714 99 90. This CN code is given for information
only.

It is also alleged that imports of the product concerned have
been declared as hubs with integrated coaster or drum brakes,
falling under CN code 8714 94 10 and as hubs without an
integrated brake, falling under CN code 8714 93 10. Where
the product concerned is declared under these or any other
CN codes, it shall equally be subject to this proceeding.

3. Allegation of dumping

The allegation of dumping for Japan is based, in the absence of
sufficient sales in the domestic market, on a comparison of
normal value established on the basis of the export prices to
an appropriate third country (Taiwan) with the export prices of
the product concerned to the Community. On this basis, the
dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
in
product concerned from Japan have increased overall
absolute terms and in terms of market share.

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

investigation will

The
the product
concerned originating in Japan is being dumped and whether
this dumped has caused injury.

determine whether

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the Community industry and to any association of
producers in the Community, to the exporting producers
in Japan and to any association of exporting producers, and
to the importers and to any association of importers named
in the complaint, as well as to the authorities of Japan.

should contact

interested parties

the Commission
All
in
later than the time limit set out
forthwith, but not
paragraph 6(a)
in order to find out whether they are
listed in the complaint, and, if necessary, request a ques-
tionnaire, given that the time limit set in paragraph 6(b) of
this notice applies to all interested parties.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence has to reach the Commission within
the time limit set in paragraph 6(b) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in paragraph 6(c) of
this notice.

27.7.2000

EN

Official Journal of the European Communities

C 214/5

5.2. Procedure for assessment of Community interest

7. Written submissions, questionnaire replies and corre-

that

industry,

substantiated,

In accordance with Article 21 of the Basic Regulation and in
order that a decision may be reached as to whether,
in the
event
the allegations of dumping and injury caused
the adoption of anti-dumping
thereby are
measures would not be against the Community interest, the
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may, within the general
in
paragraph 6(b) of this notice, make themselves known and
provide the Commission with information. It should be noted
that any information submitted pursuant to Article 21 will only
be taken into account if supported by factual evidence at the
time of submission.

link between their

they prove that

activity

limits

their

time

set

6. Time limits

(a) For parties to request a questionnaire

All interested parties should request a questionnaire as soon
as possible, but not later than 15 days after the publication
of
the European
Communities.

this notice in the Official

Journal of

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must present their
views and submit questionnaire replies or any other
information within 40 days of the date of publication of
this notice in the Official Journal of the European Communities.

(c) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40 days time limit.

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
e-mail,
specified),
telephone and fax, and/or telex numbers of the intersted party.

the name,

and must

indicate

adress,

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates C and E
DM 24 (cid:151) 8/37
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the Basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.

9. Schedule of the investigation

The investigation will be concluded according to Article 6(9) of
the Basic Regulation within 15 months from the publication of
this notice in the Official Journal of the European Communities.
According to Article 7(1) of the Basic Regulation provisional
measures may be imposed no later than nine months from the
publication of this notice in the Official Journal of the European
Communities.