2001/108/EC: Commission Decision of 24 January 2001 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, and maintained by Regulation (EC) No 1524/2000, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People's Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97 (notified under document number C(2000) 4389)
Date: 2001-01-24
Institutions: European Commission
Subjects: China, anti-dumping duty, originating product, spare part, tariff exemption, two-wheeled vehicle

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EN

Official Journal of the European Communities

10.2.2001

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 24 January 2001

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, and maintained by Regulation (EC) No 1524/2000, and lifting the suspension of
the payment of the anti-dumping duty extended to certain bicycle parts originating in the People's
Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97

(notified under document number C(2000) 4389)

(Only the English, Spanish, French, Italian, Dutch and Portuguese texts are authentic)

(2001/108/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 2238/2000 (2),

Having regard to Council Regulation (EC) No 71/97 (3)
extending the definitive anti-dumping duty imposed by Regula-
tion (EEC) No 2474/93, and maintained by Regulation (EC) No
1524/2000, on bicycles originating in the People's Republic of
China to imports of certain bicycle parts from the People's
Republic of China,

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 Council Regulation
(EC) No 71/97 of the anti-dumping duty imposed by Council
Regulation (EEC) No 2474/93 (4), and in particular Article 7
thereof,

After consulting the Advisory Committee,

Whereas:

(1)

After the entry into force of Regulation (EC) No 88/97 a
submitted requests
assemblers
number of bicycle
pursuant to Article 3 of that Regulation for exemption

(2)

(3)

of the anti-dumping duty as extended to imports of
certain bicycle parts from the People's Republic of China
by Council Regulation (EC) No 71/97 (the extended
anti-dumping duty). The Commission published in the
Official Journal of the European Communities a list of appli-
cants (5)
the extended anti-
dumping duty in respect of their imports of essential
bicycle parts declared for free circulation was suspended
pursuant to Article 5(1) of Regulation (EC) No 88/97.

for which payment of

The Commission requested and received the necessary
information from the parties listed in Annex I to this
Decision and found their requests admissible pursuant to
Article 4(1) of Regulation (EC) No 88/97. The informa-
tion provided was examined and verified where neces-
sary at the 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 Regula-
tion (EC) No 384/96.
It was found that for all the
applicants' bicycle assembly operations, the value of the
parts originating in the People's Republic of China which
were used in their assembly operations was lower than
the parts used in these
60 % of
assembly operations.

the total value of

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 16, 18.1.1997, p. 55.
(4) OJ L 17, 21.1.1997, p. 17.

(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, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999,
p. 3, OJ C 186, 2.7.1999, p. 6 and OJ C 216, 28.7.2000, p. 8.

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(4)

(5)

(6)

(7)

(8)

For the above reasons, and in accordance with Article
7(1) of Regulation (EC) No 88/97, the parties listed in
Annex I to this Decision should be exempted from the
extended anti-dumping duty. The parties concerned were
informed accordingly and given an opportunity to
comment.

In accordance with Article 7(2) of Regulation (EC) No
88/97, the exemption of the parties listed in Annex I to
this Decision from the extended anti-dumping duty
should take effect as from the date of receipt of their
request and their customs debt
the
extended anti-dumping duty is to be considered void as
from that date.

in respect of

Other parties which had requested an exemption from
the extended anti-dumping duty did not submit
the
necessary information requested by the Commission.
Those parties should not be exempted under Article 7 of
Regulation (EC) No 88/97. The Commission informed
the parties concerned that it intended to reject their
request for exemption from the extended duty, on the
grounds that they had failed to provide the information
requested. The parties concerned are listed in Annex II
to this Decision.

Since it is no longer justified for the parties listed in
Annex II to benefit from a suspension of the payment of
the extended anti-dumping duty, the suspension should
be lifted and the extended anti-dumping duty should be
collected as from the date of receipt of their request.

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 Regulation are under examination
should be published in the ‘C’ series of the Official Journal
of the European Communities in accordance with Article
16(2) of that Regulation,

HAS ADOPTED THIS DECISION:

Article 1

The parties listed in Annex I
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, and maintained by Regulation (EC) No 1524/
2000, 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

The requests for exemption from the extended anti-dumping
duty made in accordance with Article 3 of Regulation (EC) No
88/97 by the parties listed in Annex II to this Decision are
hereby rejected.

Article 3

The suspension of payment of the extended anti-dumping duty
pursuant to Article 5 of Regulation (EC) No 88/97 is hereby
lifted for the parties listed in Annex II to this Decision as from
the relevant date shown in the column headed ‘Date of effect’.

Article 4

This Decision is addressed to the Member States and to the
parties listed in Annexes I and II to this Decision.

Done at Brussels, 24 January 2001.

For the Commission

Pascal LAMY

Member of the Commission

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ANNEX I

Exempted parties

Name

City

Country

Exemption
pursuant to
Regulation (EC)
No 88/97

Date of effect

TARIC
additional code

Inter Bike — Imp. Export., Lda

TRIX Sas di Marco Stuparich & C.

Zona Industrial de Vagos, Lote 27
PO Box 132
P-3840 Vagos

Via Montesuello, 43/45
I-25015 Desenzano del Garda (BS)

Portugal

Article 7

17.6.1998

8296

Italy

Article 7

2.9.1998

8601

SIRLA — Sociedade
Randam, Lda

Industrial

do

Apartado 72
P-3751 Águeda

Portugal

Article 7

3.9.1998

8602

Cicli Elios di Ragona Roberto & C. Snc

Via Cà Mignola Vecchia, 121
I-45021 Badia Polesine (RO)

Italy

Article 7

15.10.1998

8605

Cycles Lejeune SA

BI-KI SpA

Concept Cycling Ltd

Berg Toys BV/Berg Factory BV

Route de Bayonne
F-64400 Moumour

Via Ponte Gobbo, 12
I-24060 Telgate (BG)

Unit 7/8, Shield Drive
Wardley Ind Est
Worsley
Manchester M28 2QB
United Kingdom

Oud Willinkhuizerweg 9
6733 AK Wekerom
Nederland

France

Article 7

26.11.1998

8607

Italy

Article 7

3.12.1998

8608

United
Kingdom

Article 7

8.2.1999

8622

The
Netherlands

Article 7

12.3.1999

8624

Fundador — Sociedade Importadora de
Sangalhos, Lda

Apartado 26
P-3781-908 Sangalhos

Portugal

Article 7

27.4.1999

8244

Bottecchia Cicli Srl

Via dell'Industria, 7
I-35028 Piove di Sacco (Padova)

Italy

Article 7

5.10.1999

A087

ANNEX II

Parties for which the suspension is lifted

Name

City

Country

Suspension
pursuant to
Regulation (EC)
No 88/97

Date of effect

TARIC
additional code

Bike Import Mayoral c.b.

Simons/Biketec n.v.

New Omas Srl

Gòtic, 8
E-43850 Cambrils (Tarragona)

Staatsbaan 279
B-3460 Bekkevoort

Strada Statale 22, Zona Industriale
I-12025 Dronero-CN

Spain

Article 5

9.6.1998

8295

Belgium

Article 5

7.10.1998

8610

Italy

Article 5

28.5.1999

A089