Notice of initiation of an interim review of the antidumping measures applicable to imports of bicycles originating in the People's Republic of China
Date: 2004-04-29
Institutions: European Commission
Subjects: China, anti-dumping measure, import, originating product, two-wheeled vehicle

C 103/80

EN

Official Journal of the European Union

29.4.2004

Notice of initiation of an interim review of the antidumping measures applicable to imports of
bicycles originating in the People's Republic of China

(2004/C 103/04)

The Commission has received a request for a review pursuant
to Article 11(3) of Council Regulation (EC) No 384/96 (1), as
last amended by Council Regulation (EC) No 461/2004 (2) (‘the
basic Regulation’).

The applicant has provided evidence that
the
product concerned from the People's Republic of China have
increased in absolute terms and in terms of market share.

imports of

1. REQUEST FOR REVIEW

The request was lodged by the European Bicycles Manu-
facturers Association (EBMA)
(‘the applicant’) on behalf of
producers representing a major proportion, in this case more
than 35 % of the total Community production of bicycles.

2. PRODUCT

The product under
review is bicycles and other cycles
(including delivery tricycles), not motorised originating in the
People's Republic of China (‘the product concerned’), currently
classifiable within CN codes 8712 00 10, 8712 00 30 and
8712 00 80. These CN codes are given only for information.

3. EXISTING MEASURES

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1524/2000 (3).

4. GROUNDS FOR THE REVIEW

The applicant claims that dumping and injury have recurred
and that
to
counteract the injurious dumping.

the existing measures are no longer sufficient

The allegation of dumping in respect of the People's Republic
of China is based on a comparison of the price in Mexico (the
market economy third country used in the most recent inves-
tigation with regard to imports of this product) with the export
prices of the product concerned when sold for export to the
Community.

On this basis, the dumping margin calculated is significantly
higher than the dumping margin found in the previous inves-
tigation that led to the existing measures.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 175, 14.7.2000, p. 39.

It is also alleged that the volume and the prices of the imported
product concerned have continued, among other consequences,
to have a negative impact on the quantities sold by the
Community industry, resulting in substantial adverse effects
on the overall performance, the financial situation and the
employment situation of the Community industry.

5. PROCEDURE

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether or not
there is
dumping and injury and if there is a need for the continuation,
removal or amendment of the existing measures.

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) Sampling for

exporters/producers

in the People's

Republic of China

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
company or
the
following information on their
companies within the time limit set
in paragraph
6(b)(i) and in the formats indicated in paragraph 7 of
this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

29.4.2004

EN

Official Journal of the European Union

C 103/81

— the turnover in local currency and the volume in
units of the product concerned sold for export to
the Community during the period 1 January 2003
to 31 December 2003,

— the turnover in local currency and the sales volume
in units for the product concerned on the domestic
market during the period 1 January 2003 to 31
December 2003,

— whether the company intends to claim an indi-
vidual margin (4) (individual margins can only be
claimed by producers),

— the precise activities of the company with regard to

the production of the product concerned,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (5)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
their
accepting an on-the-spot
response.

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in paragraph 6(b)(i) and in the formats indicated in
paragraph 7 of this notice:

(4) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation by companies not included in the sample, article
9(5) of the basic Regulation concerning individual treatment in
cases involving non market economy countries, and article 2(7)(b)
of the basic Regulation for companies claiming market economy
status. Note that claims for individual
treatment necessitate an
application pursuant to Article 9(5) of the basic Regulation and
regarding market economy status necessitate an
that claims
application pursuant to Article 2(7)(b) of the basic Regulation.
(5) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in euro of the company during
the period 1 January 2003 to 31 December 2003,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in units and value in euro of imports
into and resales made in the Community market
the period 1 January 2003 to 31
during
December
product
concerned originating in the People's Republic of
China,

imported

2003

the

of

— the names and the precise activities of all related
involved in the production and/or

companies (5)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

the selection of

In order to obtain the information it deems necessary
for
the
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the request,
the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in paragraph
6(b)(i) of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in euro of the company during
the period 1 January 2003 to 31 December 2003,

C 103/82

EN

Official Journal of the European Union

29.4.2004

— the precise activities of the company with regard to

the production of the product concerned,

with Articles 17(4) and 18 of the basic Regulation, on
the facts available. A finding based on facts available
may be less advantageous to the party concerned, as
explained in paragraph 8 of this notice.

— the value in euro of sales of the product concerned
made in the Community market during the period
1 January 2003 to 31 December 2003,

(b) Questionnaires

— the volume in units of

the product
concerned made in the Community market during
the period 1 January 2003 to 31 December 2003,

sales of

— the volume in units of

the
product concerned during the period 1 January
2003 to 31 December 2003,

the production of

— the names and the precise activities of all related
involved in the production and/or

companies (5)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

(iv) Final selection of the samples

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in paragraph 6(b)(ii) of
this notice.

samples

The Commission intends to make the final selection of
consulted the parties
the
concerned that have expressed their willingness to be
included in the sample.

after having

Companies included in the samples must reply to a
questionnaire within the time limit set in paragraph
6(b)(iii) of this notice and must co-operate within the
framework of the investigation.

sufficient co-operation is not

If
Commission may base its

findings,

forthcoming,

the
in accordance

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
to any
producers
in the People's Republic of China,
association
sampled
importers, to any association of importers named in the
request or which co-operated in the investigation leading
to the measures subject to the present review, and to the
authorities of the exporting country concerned.

exporters/producers,

the

to

of

in the People's Republic of China
Exporters/producers
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the basic Regu-
lation, must submit a completed questionnaire within the
time limit set in paragraph 6(a)(ii) of this notice. They
therefore have to request a questionnaire within the time
limit set in paragraph 6(a)(i) of this notice. However, such
parties should be aware that
if sampling is applied to
exporters/producers,
the Commission may nonetheless
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

interested parties should contact

the
In any event, all
to find out
Commission forthwith by fax in order
if necessary,
whether they are listed in the request and,
request a questionnaire within the time limit
in
set
paragraph 6(a)(i) of this notice, given that the time limit
set
to all
interested parties.

in paragraph 6(a)(ii) of

this notice applies

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in paragraph 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set
in paragraph
6(a)(iii) of this notice.

29.4.2004

EN

Official Journal of the European Union

C 103/83

(d) Selection of the market economy country

In the previous investigation Mexico was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China. The Commission envisages to use Mexico again for
this purpose.
Interested parties are hereby invited to
comment on the appropriateness of this country within
the specific time limit set in paragraph 6(c) of this notice.

(e) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy conditions,
i.e. that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
the basic Regulation. Exporters/
with Article 2(7)(b) of
producers intending to submit duly substantiated claims
must do so within the
in
paragraph 6(d) of this notice. The Commission will send
claim forms to all exporters/producers named in the review
request and to any association of exporters/producers
named in the review request, as well as to the authorities
of the People's Republic of China. The application of this
paragraph is without prejudice to the possible use of
sampling for exporters/producers in accordance with the
provisions of Article 17 of the basic Regulation.

specific

limit

time

set

review should request a questionnaire or
present
other claim forms as soon as possible, but not later
than 10 days after the publication of this notice in the
Official Journal of the European Union.

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission,
present their views and submit questionnaire replies
or any other information within 40 days of the date
of publication of this notice in the Official Journal of the
European Union, unless otherwise specified. Attention is
drawn to the fact that the exercise of most procedural
rights set out in the basic Regulation depends on the
party's making itself known within the aforementioned
period.

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
paragraph 6(b)(iii) of this notice.

5.2. Procedure for the assessment of Community interest

(iii) Hearings

repeal

to maintain, amend or

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation of dumping and
injury is confirmed, a determination will be made as to
the anti-dumping
whether
measures would not be against the Community interest. For
this reason the Community industry, importers, their represen-
tative associations,
representative users and representative
consumer organisations, provided that they prove that there
is an objective link between their activity and the product
concerned, may, within the general
in
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. The parties which
have acted in conformity with the previous sentence may
request a hearing, setting the particular reasons why they
should be heard, within the time limit set
in paragraph
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
the time of
account
submission.

if supported by factual evidence at

limits

time

set

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i) The

information specified in paragraph 5.1(a)(i),
5.1(a)(ii) and 5.1(a)(iii) should reach the Commission
within 15 days of the date of publication of this notice
in the Official Journal of the European Union, given that
the Commission intends to consult parties concerned
that have expressed their willingness to be included in
the sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Union.

6. TIME LIMITS

(a) General time limits

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(iv) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Union.

this notice in the Official

Journal of

(i) For parties to request a questionnaire or other claim

forms

All
interested parties who did not co-operate in the
investigation leading to the measures subject to the

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

C 103/84

EN

Official Journal of the European Union

29.4.2004

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of Mexico which,
as mentioned in
paragraph 5.1(d) of this notice, is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Union.

(d) Specific time limit for submission of claims for market economy

status and/or individual treatment

Duly substantiated claims for market economy status (as
mentioned in paragraph 5.1(e) of this notice) and/or for
individual treatment pursuant to Article 9(5) of the basic
Regulation must reach the Commission within 15 days of
the date of publication of this notice in the Official Journal
of the European Union.

7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND
CORRESPONDENCE

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of
the interested
party). All written submissions,
including the information
requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential

basis shall be labelled as ‘Limited’ (6) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
a non-confidential version, which will be
labelled ‘For
inspection by interested parties’.

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877

8. NON-CO-OPERATION

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not co-operate, or co-operates only partially, and findings
are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to the party than if it had co-operated.

(6) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement).

is a confidential document pursuant

the Council

It