Notice of initiation of an anti-dumping proceeding concerning imports of bicycles originating in Vietnam
Date: 2004-04-29
Institutions: European Commission
Subjects: Viet Nam, anti-dumping measure, import, originating product, two-wheeled vehicle

C 103/76

EN

Official Journal of the European Union

29.4.2004

Notice of initiation of an anti-dumping proceeding concerning imports of bicycles originating in
Vietnam

(2004/C 103/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 461/2004 (2)
(‘the basic Regu-
lation’), alleging that
imports of bicycles, originating in
Vietnam (‘the country concerned’), are being dumped and are
thereby causing material injury to the Community industry.

Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

5.1. Procedure for the determination of dumping and injury

1. COMPLAINT

The complaint was lodged on 15 March 2004 by the European
Bicycles Manufacturers Association (EBMA) (‘the complainant’)
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 allegedly being dumped is bicycles and other
cycles (including delivery tricycles), not motorised originating
in Vietnam (‘the product concerned’), normally declared within
CN codes 8712 00 10, 8712 00 30 and 8712 00 80. These CN
codes are only given for information.

3. ALLEGATION OF DUMPING

In view of the provisions of Article 2(7) of the basic Regu-
lation, the complainant established normal value for Vietnam
on the basis of the price in the market economy third country,
Mexico. The allegation of dumping is based on a comparison
of normal value, thus calculated, with the export prices of the
product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4. ALLEGATION OF INJURY

The complainant has provided evidence that imports of the
in
product concerned from Vietnam have increased overall
absolute terms and in terms of market share.

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

the financial

5. PROCEDURE

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.

investigation will

The
the product
concerned originating in Vietnam is being dumped and
whether this dumping has caused injury.

determine whether

(a) Sampling

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

(i) Sampling for exporters/producers in Vietnam

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
in paragraph
companies within the time limit set
6(b)(i) and in the format indicated in paragraph 7 of
this notice:

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

and/or telex numbers and contact person,

— 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 (3) (individual margins can only be
claimed by producers),

— the precise activities of the company with regard to

the production of the product concerned,

(3) 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
that claims
regarding market economy status necessitate an
application pursuant to Article 2(7)(b) of the basic Regulation.

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Official Journal of the European Union

C 103/77

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

companies (4)
selling (export and/or domestic) of
concerned,

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

the sample of

importers,

— any other relevant information that would assist the

Commission in the selection of the sample,

(iii) Sampling for Community producers

— 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

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:

— 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
product
December
concerned originating in Vietnam,

imported

2003

the

of

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

companies (4)
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

(4) 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).

In view of the large number of Community producers
supporting the complaint, 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,

— the precise activities of the company with regard to

the production of the product concerned,

— 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,

— 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 (4)
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

interested parties wishing to submit any relevant
All
information regarding the selection of
the samples
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
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

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29.4.2004

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 cooperate within the
framework of the investigation.

sufficient co-operation is not

the
If
Commission may base its
in accordance
with Articles 17(4) and 18 of the basic Regulation,
on the facts available.

forthcoming,

findings,

(b) Questionnaires

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/
producers in Vietnam,
to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the complaint, and to the authorities
of the exporting country concerned.

submit
set

the basic Regulation, must

Exporters/producers
in Vietnam claiming an individual
margin, with a view to the application of Articles 17(3)
a
and 9(6) of
completed questionnaire within the time limit
in
paragraph 6(a)(ii) of this notice. They therefore have to
request a questionnaire within the time limit
in
this notice. However, such parties
paragraph 6(a)(i) of
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 individual examination
would be unduly burdensome and would prevent the timely
completion of the investigation.

set

the basic Regulation.

down in Article 2(7)(c) of the basic Regulation, normal
value will be determined in accordance with Article
2(7)(b) of
Exporters/producers
intending to submit duly substantiated claims must do so
within the specific time limit set in paragraph 6(d) of this
notice. The Commission will send claim forms to all
exporters/producers in Vietnam named in the complaint
and to any association of exporters/producers named in
the complaint, as well as to the authorities of Vietnam.
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.

5.2. Procedure for assessment of Community interest

this

their

industry,

they prove that

link between their

the Community interest. For

In accordance with Article 21 of the basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
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 precedent 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
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

(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 has to 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.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Mexico as an appropriate market
economy country for the purpose of establishing normal
value in respect of Vietnam. Interested parties are hereby
invited to comment on the appropriateness of this choice
within the specific time limit set in paragraph 6(c) of this
notice.

(e) Market economy status

For those exporters/producers in Vietnam who claim and
provide sufficient evidence that they operate under market
i.e. that they meet the criteria laid
economy conditions,

6. TIME LIMITS

(a) General time limits

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

forms

All interested parties should request a questionnaire or
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.

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Official Journal of the European Union

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

(iii) Hearings

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 paragraphs 5.1(a)(i),
5.1(a)(ii) and 5.1(a)(iii) concerning samples
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
the European
Union.

Journal of

(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

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

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’ (5) 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-COOPERATION

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

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 Vietnam. 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.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested
party does not cooperate or cooperates 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 cooperated.

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

9. SCHEDULE OF THE INVESTIGATION

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 the publication of this notice in the Official
Journal of the European Union.

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
the basic Regulation,
Union. According to Article 7(1) of
provisional measures may be imposed no later
than 9
months from the publication of
this notice in the Official
Journal of the European Union.

(5) 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