Notice of initiation of an interim review of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China
Date: 2000-09-30
Institutions: European Commission
Subjects: China, anti-dumping duty, exchange of information, import, originating product, two-wheeled vehicle

C 278/28

EN

Official Journal of the European Communities

30.9.2000

Notice of initiation of an interim review of the anti-dumping measures applicable to imports of
bicycles originating in the People’s Republic of China

(2000/C 278/06)

The Commission has received several requests for a partial
interim review of the measures imposed by Council Regulation
(EC) No 1524/2000 (1), on imports of bicycles originating in
the People’s Republic of China.

1. REQUESTS FOR A REVIEW

The requests, pursuant to Article 11(3) of Regulation (EC) No
384/96 (2), as last amended by Regulation (EC) No 905/98 (3)
(hereinafter referred to as (cid:145)the Basic Regulation(cid:146)), were lodged
by the following Chinese companies: Giant China Co. Ltd, Viva
Guangzhou Bicycle Corporation Ltd, Merida Industry Co. Ltd,
Kenton Bicycle Group Ltd (hereinafter
referred to as (cid:145)the
applicants(cid:146)). The requests for an interim review are limited in
scope to dumping as far as the applicants are concerned.

5. PROCEDURE FOR THE DETERMINATION OF DUMPING

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists for the initiation of an interim
review,
the Commission hereby initiates an investigation
limited in
pursuant to Article 11(3) of the Basic Regulation,
scope to the examination of dumping as far as the applicants
are concerned.

(a) Questionaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
the People’s Republic of
applicants and the authorities of
China.
the
Commission within the time limit set in paragraph 6(a) of
this notice.

questionnaire

should

replies

These

reach

2. PRODUCT

The product concerned is bicycles and other cycles (including
delivery tricycles), not motorised, currently classifiable under
CN codes 8712 00 10, 8712 00 30 and 8712 00 80. These
CN codes are only given for information.

(b) Collection of information and holding of hearings

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

3. EXISTING MEASURES

The measures currently in force are definitive anti-dumping
imposed by Regulation (EEC) No 2474/93 (4) on
duties
bicycles originating in the People’s Republic of China, as
extended, pursuant to Article 13 of the Basic Regulation, by
Regulation (EC) No 71/97 (5) to imports of certain bicycle parts
from this country. They have been maintained by Regulation
(EC) No 1524/2000 following an expiry review.

4. GROUNDS FOR THE REVIEW

The requests for interim review, which were received during
the course of the expiry review referred to in paragraph 3
above, are based on duly substantiated prima-facie evidence
that the applicants operate within market economy conditions
the product
the manufacture and sale of
in respect of
concerned, and that circumstances have changed significantly
with regard to the dumping previously established, and that the
existing measures are no longer necessary to offset dumping.

(1) OJ L 175, 14.7.2000, p. 39.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 128, 30.4.1998, p. 18.
(4) OJ L 228, 9.9.1993, p. 1.
(5) OJ L 16, 18.1.1997, p. 55.

the Commission may hear

Furthermore,
interested parties,
provided that they make a request in writing and show that
there are particular reasons why they should be heard. This
request must be made within the time limit set in paragraph
6(b) below.

(c) Selection of the market economy country

In the event of information from an analogue country being
required, it is envisaged, in accordance with Article 2(7)(a) of
to choose Mexico as an appropriate
the Basic Regulation,
market economy country, since it was used in the most
recent investigation with regard to imports of this product.
Interested parties to the investigation are hereby invited to
this choice within the
comment on the appropriateness of
specific time limit set in paragraph 6(c) below.

(d) Market economy status

For those applicants who claim and provide sufficient evidence
that they operate under market economy conditions, i.e. that
they meet the criteria laid down in Article 2(7)(c) of the Basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of that Regulation. Applicants intending
to submit duly substantiated claims must do so within the
specific time limit set under paragraph 6(d) of this notice.
The Commission will send claim forms to the applicants as
well as to the authorities of the People’s Republic of China.

30.9.2000

EN

Official Journal of the European Communities

C 278/29

6. TIME LIMITS

7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND

(a) For parties to make themselves known to submit questionnaire

replies and any other information

Interested parties, if their representations are to be taken into
account during the investigation, must make themselves
known, present their views and submit questionnaire replies
or any other information within 40 days from the date of
the publication of
the
European Communities, unless otherwise specified.

this notice in the Official

Journal of

(b) Hearings

Interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation wishing to comment on the appro-
priateness of Mexico, as mentioned in paragraph 5(c) above,
should file their comments within 10 days from the publication
of this notice in the Official Journal of the European Communities.

(d) Specific time limit for submission of claims for market economy

status

for market economy status, as
Duly substantiated claims
mentioned in paragraph 5(d) of this notice, must reach the
Commission within 21 days of the date of publication of this
notice in the Official Journal of the European Communities.

CORRESPONDENCE

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

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorate C
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.