Notice of initiation of an expiry review of the antidumping measures applicable to imports of bicycles originating in Indonesia, Malaysia and Thailand
Date: 2001-04-11
Institutions: European Commission
Subjects: Indonesia, Malaysia, Thailand, anti-dumping duty, anti-dumping legislation, cycle and motorcycle industry

C 110/6

EN

Official Journal of the European Communities

11.4.2001

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
bicycles originating in Indonesia, Malaysia and Thailand

(2001/C 110/03)

Following the publication of a notice of impending expiry (1),
of the anti-dumping measures in force on imports of bicycles
originating in Indonesia, Malaysia and Thailand ((cid:145)countries
concerned(cid:146)),
for
review pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 (2), as
last amended by Regulation (EC) No
2238/2000 (3) ((cid:145)the Basic Regulation(cid:146)).

the Commission has

received a request

1. Request for review

The request was lodged on 12 January 2001 by the European
Bicycle Manufactures Association (EBMA) ((cid:145)the applicant(cid:146)) on
behalf of producers representing a major proportion, in this
case more than 50 % of the total Community production of
bicycles.

2. Product

The product under
review is bicycles and other cycles
(including delivery tricycles), not motorised, originating in
Indonesia, Malaysia and Thailand ((cid:145)the product concerned(cid:146)),
currently
8712 00 10,
8712 00 30 and 8712 00 80. These CN codes are given only
for information.

classifiable within

codes

CN

3. Existing measures

The measures currently in force on the product concerned are
a definitve anti-dumping duty imposed by Council Regulation
(EC) No 648/96 (4).

4. Grounds for the review

is based on the grounds that

the expiry of
The request
measures would be likely to result
in a continuation or
recurrence of dumping and injury to the Community industry.

The applicant alleges that the exports from Indonesia, Malaysia
and Thailand to the Community are likely to be made at
substantial dumping margins should the measures expire.

The applicant has based its allegation of
likelihood of a
recurrence of dumping in respect of imports from Thailand
on a comparison of normal value, established on the basis of
domestic prices, with the export price offers of the product
concerned to other markets.

The allegation of likelihood of continued dumping in respect of
imports from Malaysia and Indonesia is based on a comparison
of a constructed normal value with the export price offers of
the product concerned to the Community.

On this basis, the likely dumping margins are significant for all
countries concerned.

(1) OJ C 271, 22.9.2000, p. 5.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 91, 12.4.1996, p. 1.

the current

The applicant also presents evidence that, should measures be
allowed to lapse,
the product
concerned is likely to increase substantially. This is due to
the existence of unused capacity in the countries concerned
and to the likelihood of redirection of exports, currently
made to other third countries, to the Community.

level of

import

These allegations are based on the saturation in domestic and
traditional export markets other than the Community due to
the penetration of Chinese bicycles (i.e. USA and Japan), on the
well-established distribution channels of exporters
to the
Community and on the attractiveness of
the Community
market for the imports concerned.

Concerning injury aspects, it is alleged that, in view of the still
fragile situation of the Community industry, any recurrence of
from the
substantial
countries concerned would likely lead to a recurrence of
injury of
the Community industry should measures be
allowed to lapse.

injurious dumped prices

imports at

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

continuation or recurrence of dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury. It will also examine the
need for the continuation or removal of the existing measures.

(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 exporters/producers in Indonesia, Malaysia
and Thailand, to any association of exporters/producers, to the
importers,
importers named in the
request or which cooperated in the investigation leading to
the measures subject to the present review, and to the auth-
orities of the exporting countries concerned.

to any association of

In any event, all parties which did not cooperate in the inves-
tigation leading to the measures subject to the present review,
should contact the Commission forthwith by fax in order to
find out whether they are listed in the request and, if necessary,
request a questionnaire within the time limit set in point 5(a),
given that the time limit set in point 6(b) of this notice applies
to all interested parties.

11.4.2001

EN

Official Journal of the European Communities

C 110/7

(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 must reach the Commission within the
time limit set in point 6(b) of this notice.

the Commission may hear
they make a request showing that

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

5.2. Procedure for the assessment of Community interest

repeal of

the maintenance or

In accordance with Article 21 of the Basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is found, a decision will be reached as to
whether
the anti-dumping
measures would not be against the Community interest. For
this reason the Community industry, importers, their represen-
tative associations,
representative users and representative
consumer organisations, provided that they prove that there
is an objective link between their activity and the product
concerned, may, within the time limits set in points 6(b) and
this notice, make themselves known, provide the
(c) of
Commission with information and request a hearing.
It
should be noted that any information submitted prusuant to
Article 21 will only be taken into account if supported by
factual evidence at the time of submission.

6. Time limits

selves known by contacting the Commission, 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,
unless otherwise specified.

(c) Hearings

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

7. Written submissions, questionnaire replies and corre-

spondence

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, e-mail address,
telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates B and C
TERV (cid:151) 0/13
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

(a) For parties to request a questionnaire

8. Non-cooperation

All interested parties who did not cooperate in the investi-
gation leading to the measures subject to the present review
should request a questionnaire as soon as possible, but not
later than 15 days after the publication of this notice in the
Official Journal of the European Communities.

(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 make them-

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
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.