Council Regulation (EC) No 2131/2001 of 29 October 2001 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: 2001-10-29
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, dumping, import, originating product, two-wheeled vehicle

L 287/8

EN

Official Journal of the European Communities

31.10.2001

COUNCIL REGULATION (EC) No 2131/2001

of 29 October 2001

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, after
consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

By Regulation (EEC) No 2474/93 (2)
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
extended
and 8712 00 80. These measures were
pursuant to Article 13 of Regulation (EC) No 384/96
(the ‘Basic Regulation’) to imports of certain bicycle parts
originating in China by Regulation (EC) No 71/97 (3).
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 (4).

the Basic Regulation,

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
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.

The Commission by a notice published in the Official
Journal of the European Communities (5) initiated a review
of the abovementioned measures, limited in scope to the
examination of dumping as far as the applicants were
concerned.

(4)

(5)

(6)

(7)

(8)

The Commission officially advised the
companies
concerned and the authorities of the People's Republic of
China of the initiation of the investigation. Question-
naires 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.

four

All
economy status/individual treatment.

applicants

submitted claims

for market

B. WITHDRAWAL OF REQUESTS

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 with-
drew their applications in May 2001, after the Commis-
sion services had verified the information submitted in
their claims for market economy status/individual treat-
ment, 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.

As far as the fourth company is concerned, the Commis-
sion 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

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withdrawn their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

requests

review,

for

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.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

Article 2

(2) OJ L 228, 9.9.1993, p. 1.
(3) OJ L 16, 18.1.1997, p. 55.
(4) OJ L 175, 14.7.2000, p. 39.
(5) OJ C 278, 30.9.2000, p. 28.

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

31.10.2001

EN

Official Journal of the European Communities

L 287/9

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 29 October 2001.

For the Council

The President

L. MICHEL