Proposal for a Council Regulation terminating the anti-dumping proceeding concerning imports of bicycles originating in Indonesia, Malaysia, and Thailand
Date: 2002-05-06
Institutions: European Commission
Subjects: Indonesia, anti-dumping duty, dumping, import, originating product, two-wheeled vehicle

27.8.2002

EN

Official Journal of the European Communities

C 203 E/181

Proposal for a Council Regulation terminating the anti-dumping proceeding concerning imports of
bicycles originating in Indonesia, Malaysia and Thailand

(2002/C 203 E/29)

COM(2002) 226 final

(Submitted by the Commission on 6 May 2002)

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) (‘Basic
Regulation’), and in particular Articles 9 and 11(2) thereof,

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1) By Regulation (EC) No 648/96 of 28 March 1996 (2) the
Council
imposed a definitive anti-dumping duty on
imports of bicycles and other cycles (including delivery
tricycles), not motorised,
falling within CN codes
8712 00 10, 8712 00 30 and 8712 00 80 and originating
in Indonesia, Malaysia and Thailand.

(2) Following the publication of a notice of impending expiry
of the anti-dumping measures in force on imports of
bicycles
and
Thailand (3),
the Commission received on 12 January
2001 a request to review these measures pursuant to
Article 11(2) of the Basic Regulation.

Indonesia, Malaysia

originating

in

(3) The request was lodged by the European Bicycle Manu-
facturers Association ‘EBMA’ on behalf of producers
representing a major proportion of the total Community
production.

(4) The request contained prima facie evidence showing that
there would be a continuation or recurrence of injurious
dumping should measures be allowed to lapse, which was
considered sufficient to justify the initiation of an expiry
review.

(1) 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).

(2) OJ L 91, 12.4.1996, p. 1.
(3) OJ C 271, 22.9.2000, p. 5.

(5) Accordingly,

after

the Commission,

the
initiated on 11 April 2001 by
Advisory Committee,
notice published in the Official
the European
Communities (4) an expiry review concerning the anti-
dumping measures in force with regard to imports of
bicycles originating in Indonesia, Malaysia and Thailand.

consulting

Journal of

(6) The Commission

advised
officially
importers known to be

exporting
the
producers,
and the
representatives of
Community producers of
the review.
Interested parties were given the opportunity to make
their views known in writing and to request a hearing
within the time limit set out in the notice of initiation.

exporting
the initiation of

the
concerned,

country

the

B. WITHDRAWAL OF THE REQUEST AND TERMI-
NATION OF THE PROCEEDING

(7) By letter of 6 February 2002 to the Commission, EBMA
the anti-
formally withdrew its request
dumping measures applicable to imports of bicycles orig-
inating in Indonesia, Malaysia and Thailand.

for review of

(8) In accordance with Article 9(1) and Article 11(2) of the
Basic Regulation,
the proceeding may be terminated
where the request is withdrawn, unless such termination
would not be in the Community interest.

(9) It was considered that the present proceeding should be
terminated since the investigation had not brought
to
light any considerations showing that such termination
would not be in the Community interest.
Interested
parties were informed accordingly and were given the
few
a
opportunity
comments were received. After examination of
these
comments, there is no indication that the termination of
the measures would not be in the Community interest.

comment,

however,

only

to

(10) It was

therefore

anti-dumping
concluded that
proceeding concerning imports into the Community of
bicycles originating in Indonesia, Malaysia and Thailand
should be terminated and that
the existing measures
should be allowed to expire,

the

(4) OJ C 110, 11.4.2001, p. 6.

C 203 E/182

EN

Official Journal of the European Communities

27.8.2002

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

classifiable within

The anti-dumping measures concerning imports of bicycles,
8712 00 10,
currently
8712 00 30 and 8712 00 80 and originating in Indonesia,
Malaysia and Thailand, are hereby repealed and the proceeding
concerning these imports is terminated.

codes

CN

This Regulation shall enter into force on the day following that
of
the European
Communities.

its publication in the Official

Journal of

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