Council Regulation (EC) No 1340/2002 of 22 July 2002 amending Regulation (EC) No 397/1999 imposing a definitive anti-dumping duty on imports of bicycles originating in Taiwan
Date: 2002-07-22
Institutions: Council of the European Union
Subjects: Taiwan, anti-dumping duty, import, originating product, two-wheeled vehicle

25.7.2002

EN

Official Journal of the European Communities

L 196/19

COUNCIL REGULATION (EC) No 1340/2002

of 22 July 2002

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

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),

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 defi-
nitely the provisional duty imposed (2), and in particular to
Article 2 thereof,

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

(3)

Whereas:

A. PREVIOUS PROCEDURE

(1)

By Regulation (EC) No 397/1999 the Council imposed a
into the
anti-dumping duty on imports
definitive
Community of bicycles
falling within CN codes
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.

(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 are based, or it has entered into
an irrevocable contractual obligation to export a
significant quantity to the Community,

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

One new Taiwanese exporting producer, after having
applied to be treated like the companies which coop-
erated 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 Taiwa-
nese exporting producers which are to be 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, Tainan’.

Article 2

(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.

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

L 196/20

EN

Official Journal of the European Communities

25.7.2002

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

Done at Brussels, 22 July 2002.

For the Council

The President

P. S. MØLLER