Proposal for a Council Regulation terminating the review of Council Regulation (EC) No 2474/93 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China
Date: 2001-09-28
Institutions: European Commission
Subjects: China, anti-dumping duty, dumping, import, two-wheeled vehicle

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.09.2001
COM(2001) 550 final

Proposal for a

COUNCIL REGULATION

terminating the review of Council Regulation (EC) No 2474/93 imposing a definitive
anti-dumping duty on imports of bicycles originating in the People’s Republic of China

(presented by the Commission)

EXPLANATORY MEMORANDUM

This interim review was initiated in September 2000, following requests submitted by four
Chinese exporting producers.

All exporting producers have withdrawn their applications in the course of the investigation.

It is therefore proposed that the review be terminated.

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Proposal for a

COUNCIL REGULATION

terminating the review of Council Regulation (EC) No 2474/93 imposing a definitive
anti-dumping duty on imports of bicycles originating in the People’s Republic of China

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 Community(1), and in
particular Article 11(3) thereof,

Having regard to the proposal from the Commission(2), after consulting the Advisory
Committee,

Whereas:

(1)

(2)

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2

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A.

PROCEDURE

By Regulation (EEC) No 2474/93(3) the Council imposed definitive anti-dumping
duties on bicycles originating in the People’s Republic of China, currently classifiable
under CN codes 8712 00 10, 8712 00 30 and 8712 00 80. These measures were
extended pursuant
to Article 13 of Council Regulation (EC) No 384/96 of
22 December 1995 (“the Basic Regulation”) to imports of certain bicycle parts
originating in China by Regulation (EC) No 71/97(4). These definitive duties were
maintained following an expiry review pursuant
to Article 11(2) of the Basic
Regulation by Council Regulation (EC) No 1524/2000(5).

During the course of the expiry review which led to the renewal of the measures, the
Commission received four requests for the initiation of a review pursuant to Article
11(3) of the basic Regulation, submitted by the following Chinese companies: Giant
China Co.Ltd., Viva Guangzhou Bicycle Corporation Ltd., Merida Industry Co.Ltd.,
Kenton Bicycle Group Ltd. These companies (“the applicants”) claimed that the
existing measures were no longer necessary to offset dumping, as they were now
operating within market economy conditions, and circumstances had changed
significantly with regard to the dumping previously established.

OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000,
p. 2).
OJ C , , p. .
OJ L 228, 9.9.1993, p. 1.
OJ L 16, 18.1.1997, p. 55.
OJ L 175, 14.7.2000, p. 39.

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(3)

(4)

The Commission by a notice published in the Official Journal of
the European
Communities(6) initiated a review of the above-mentioned measures, limited in scope
to the examination of dumping as far as the applicants were concerned.

The Commission officially advised the companies concerned and the authorities of the
People’s Republic of China of the initiation of the investigation. Questionnaires were
sent to the four applicants. All interested parties were invited to make their views
known in writing, and to request a hearing, if they so wished, within the time limit set
in the notice of initiation.

(5)

All four applicants submitted claims for market economy status/individual treatment.

B.

WITHDRAWAL OF REQUESTS

(6)

All four applicants subsequently withdrew their requests for review. One company did
so in November 2000, before its claim for market economy status/individual treatment
had been verified. Two other companies withdrew their applications in May 2001,
after the Commission services had verified the information submitted in their claims
for market economy status/individual treatment, and after the Commission services
had disclosed their intention to propose the rejection of their market economy status
claim. This disclosure took place before any verification of their questionnaire
responses.

(7)

As far as the fourth company is concerned, the Commission services found that this
company had not exported during the investigation period (September 1999 – August
2000). The company decided to withdraw its request for a review in August 2001.

C.

TERMINATION

(8)

In consideration of the fact that all four applicants have withdrawn their requests for
review, the Council considers it appropriate that the review be terminated,

HAS ADOPTED THIS REGULATION:

Article 1

The interim review of Council Regulation (EC) No 1524/2000 concerning imports of bicycles
originating in the People’s Republic of China is hereby terminated.

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OJ C 278, 30.9.2000, p. 28.

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

Article 2

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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