Council Regulation (EC) No 854/2002 of 21 May 2002 terminating the anti-dumping proceeding concerning imports of bicycles originating in Indonesia, Malaysia and Thailand
Date: 2002-05-21
Institutions: Council of the European Union
Subjects: Indonesia, Malaysia, Thailand, anti-dumping duty, dumping, import, originating product, two-wheeled vehicle

24.5.2002

EN

Official Journal of the European Communities

L 136/3

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 854/2002

of 21 May 2002

terminating the anti-dumping proceeding concerning imports of bicycles originating in Indonesia,
Malaysia and Thailand

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) (herein-
after referred to as the ‘basic Regulation’), and in particular
Article 9 and Article 11(2) thereof,

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

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

By Regulation (EC) No 648/96 (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.

On 12 January 2001, following the publication of a
notice of impending expiry of the anti-dumping meas-
ures in force on imports of bicycles originating in Indo-
nesia, Malaysia
and Thailand (3),
the Commission
received a request to review these measures pursuant to
Article 11(2) of the basic Regulation.

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.

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. Regulation 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)

(6)

(7)

(8)

(9)

Accordingly, the Commission consulted the Advisory
Committee and thereafter, on 11 April 2001 by a notice
published in the Official Journal of the European Communi-
ties (4),
initiated an expiry review concerning the said
anti-dumping measures in force.

The Commission officially advised the exporting produ-
cers, importers known to be concerned, the representa-
the exporting country and the Community
tives of
producers of
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.

the initiation of

the review.

B. WITHDRAWAL OF THE REQUEST AND TERMINA-

TION OF THE PROCEEDING

By letter of 6 February 2002 to the Commission, EBMA
formally withdrew its request for review of the afore-
mentioned anti-dumping measures.

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.

It was considered that the present proceeding should be
terminated since the investigation had not brought to
light any considerations showing that such termination
Interested
would not be in the Community interest.
parties were informed accordingly and were given the
opportunity
few
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.

to comment. However, only

a

(10)

therefore concluded that

It was
the anti-dumping
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,

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

L 136/4

EN

Official Journal of the European Communities

24.5.2002

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping measures concerning imports of bicycles, currently classifiable within CN codes
8712 00 10, 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.

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, 21 May 2002.

For the Council

The President

R. DE MIGUEL