Proposal for a Council Regulation amending Regulation (EC) No 397/1999 imposing a definitive anti-dumping duty on imports of bicycles originating in Taiwan
Date: 2002-06-20
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, import, originating product, two-wheeled vehicle

C 291 E/172

EN

Official Journal of the European Communities

26.11.2002

Proposal for a Council Regulation amending Regulation (EC) No 397/1999 imposing a definitive
anti-dumping duty on imports of bicycles originating in Taiwan

(2002/C 291 E/07)

COM(2002) 325 final

(Submitted by the Commission on 20 June 2002)

EXPLANATORY MEMORANDUM

By Regulation (EC) No 397/1999 the Council
imposed a definitive anti-dumping duty on imports of
bicycles originating in Taiwan. The investigation, which led to the imposition of the abovementioned
duty, used sampling in accordance with Article 17 of Council Regulation (EC) No 384/96 on protection
against dumped imports from countries not members of the European Community (the ‘ basic Regulation’).

Article 11(4) of the basic Regulation provides that when sampling has been used in the investigation, a
new exporter review cannot be initiated. However, in order to ensure equal treatment between any genuine
new exporting producer and the cooperating companies not included in the sample used in the above-
mentioned investigation, Article 2 of Regulation (EC) No 397/1999 established that where any new
exporting producer provides sufficient evidence to the Commission that
it meets the three basic
requirements
therein (i.e. no exports during the investigation period, no relations with
exporting producers subject to the measures and actual exports or contractual obligations to export
after the investigation period),
to such new exporting producer the
weighted average duty applicable to the cooperating companies not included in the sample. This would
be done with an amendment of Article 1(3) of Regulation (EC) No 397/1999 by adding the new exporting
producer to the list annexed to that Regulation.

then the Council may grant

set out

In August 2001, the Commission received one request from Taiwan for new exporter status. The exam-
ination of the request together with the additional evidence provided, where necessary, by the applicant
company, showed that the company fulfilled all the relevant requirements.

The Commission accordingly proposes that the Council adopts the attached proposal for a Regulation
which amends Article 1(3) of Regulation (EC) No 397/1999 by adding the new exporting producer to the
list annexed to that Regulation.

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Treaty establishing the European
Community,

Whereas:

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),

A. PREVIOUS PROCEDURE

Having regard to Council Regulation (EC) No 397/1999 of
22 February 1999 imposing a definitive anti-dumping duty
on imports of bicycles originating in Taiwan and collecting
definitely the provisional duty imposed (2), and in particular
to Article 2 thereof,

(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 49, 25.2.1999, p. 1.

of

bicycles

anti-dumping

duty on imports

(1) By Regulation (EC) No 397/1999 the Council imposed a
definitive
into the
falling within CN codes
Community
8712 00 10, 8712 00 30 and 8712 00 80 originating in
Taiwan. Sampling was applied to Taiwanese exporting
producers and individual duty rates ranging from 2,4 %
to 18,2 % were imposed on the companies in the sample,
while other cooperating companies not included in the
sample were attributed a weighted average duty rate of
5,4 %. A duty rate of 18,2 % was imposed on companies
which either did not make themselves known or did not
cooperate in the investigation.

26.11.2002

EN

Official Journal of the European Communities

C 291 E/173

(2) Article 2 of Regulation (EC) No 397/1999 stipulates that
where any new exporting producer in Taiwan provides
sufficient evidence to the Commission that:

— it did not export

to the Community the products
described in Article 1(1) of that Regulation during the
investigation period (1 November 1996 to 31 October
1997),

— it is not related to any of the exporters or producers in
Taiwan which are subject to the anti-dumping measures
imposed by that Regulation,

— it has actually exported to the Community the products
concerned after the investigation period on which the
measures
entered into an
irrevocable contractual obligation to export a significant
quantity to the Community,

are based, or

it has

then Article 1(3) of Regulation (EC) No 397/1999 may be
amended by granting that exporting producer the duty rate
applicable to cooperating producers which were not
included in the sample, namely 5,4 %.

B. NEW EXPORTING PRODUCERS’ REQUEST

in the original investigation but were not included in the
sample, has provided on request, evidence showing that it
meets the requirements set out in Article 2 of Regulation
(EC) No 397/1999. The evidence provided by the applicant
company is considered sufficient to allow that Regulation
to be amended by adding the applicant
to the Annex
thereto. That Annex specifies the Taiwanese exporting
producers which are subject to the weighted average duty
rate of 5,4 %,

HAS ADOPTED THIS REGULATION:

Article 1

The following company shall be added to the list of exporting
producers from Taiwan listed in the Annex to Regulation (EC)
No 397/1999:

— Oyama Industrial Co., Ltd, Taiwan.

Article 2

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

(3) One new Taiwanese exporting producer, after having
applied to be treated like the companies which cooperated

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