Notice of initiation of a partial interim review of the antidumping measures applicable to imports of bicycles originating in the People's Republic of China
Date: 2005-02-19
Institutions: European Commission
Subjects: China, anti-dumping legislation, two-wheeled vehicle

C 44/24

EN

Official Journal of the European Union

19.2.2005

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

(2005/C 44/14)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (‘the basic Regulation’) (1).

(b) Other applications

1. Request for review

The request was lodged by Giant China Co., Ltd. (‘the appli-
cant’), an exporter from the People's Republic of China.

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 (2).

4. Grounds for the review

(a) The applicant

The request pursuant to Article 11(3) is based on the prima
facie evidence, provided by the applicant, that the circum-
stances on the basis of which measures were established
have changed and that
these changes are of a lasting
nature.

The applicant alleges, that the circumstances with regard to
market economy status have changed significantly and that
the measures would be significantly different if they were
based on information including exports
to the new
Member States of the European Union. Furthermore, the
applicant has provided evidence showing that a comparison
of normal value based on its own cost/domestic prices and
its export prices to the enlarged EU, would lead to a reduc-
tion of dumping significantly below the level of the current
measure. Therefore, the continued imposition of measures
at the existing levels, which were based on the level of
dumping previously established, is no longer necessary to
offset dumping.

(1) OJ L 56, 6.3.96, p. 1., Regulation as last amended by Council Regu-

lation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 175, 14.7.2000, p. 39.

The Commission herewith invites other Chinese producers
to come forward forthwith and indicate whether they also
wish to have a new dumping margin calculated based on
exports to the enlarged Community. A decision with regard
to such requests will be published in the Official Journal of
the European Union in due course of time.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, with a
view to determine whether the applicant operates under market
economy conditions as defined in Article 2(7)(c) of the basic
Regulation or alternatively whether the applicant fulfils the
requirements to have an individual duty established in accord-
ance with Article 9(5) of the basic Regulation.

Subsequently, provided that the applicant be found to operate
under market economy conditions, or alternatively to fulfil the
requirements to have an individual duty, the applicant's indivi-
dual margin of dumping and, should dumping be found, the
level of the duty to which its imports of the product concerned
into the Community should be subject will be determined.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant mentioned in paragraph 1.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the applicant and to the Chinese authorities. This infor-
mation and supporting evidence should reach the Commis-
sion within the time limit set in paragraph 6(a)(i) of this
notice.

(b) Collection of information and holding of hearings

submit

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

information other

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Official Journal of the European Union

C 44/25

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)(ii)
of this notice.

(c) Market economy status

In the event that the applicant provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets the criteria laid down in Article 2(7)(c) of
the basic Regulation, normal value will be determined in
accordance with Article 2(7)(b) of the basic Regulation. For
this purpose, a duly substantiated claim must be submitted
within the specific time limit set in paragraph 6(b) of this
notice. The Commission will send a claim form to the
applicant as well as to the authorities of
the People's
Republic of China.

(d) Selection of the market economy country

that

the applicant

In the event
is not granted market
economy status but fulfils the requirements to have an indi-
vidual duty established in accordance with Article 9(5) of
the basic Regulation, an appropriate market economy
country will be used for the purpose of establishing normal
value in respect of
the People's Republic of China in
accordance with Article 2(7)(a) of the basic Regulation. The
Commission envisages using Mexico again for this purpose
as was done in the previous investigation which led to the
imposition of measures on imports of
the product
concerned from the People's Republic of China. Interested
parties are hereby invited to comment on the appropriate-
ness of this choice within the specific time limit set in para-
graph 6(c) of this notice.

in the event that the applicant is granted
Furthermore,
market economy status, the Commission may, if necessary,
also use findings concerning the normal value established
in an appropriate market economy country, e.g. for the
purpose of replacing any unreliable cost or price elements
in the People's Republic of China which are needed in
establishing the normal value, if reliable required data are
not available in the People's Republic of China. The
Commission envisages using Mexico also for this purpose.

6 Time limits

(a) General time limits

(i) For p ar t i e s

to ma ke th e mse lv e s known,

t o
submi t q u e sti onnai r e r e p li e s and a ny oth e r
i nf or ma t i on

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. Furthermore, the applicant has to submit his
questionnaire reply within the aforementioned period
of 40 days.

(ii) H e a r i ng s

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

(b) Specific time limit for submission of claims for market

economy status

The
applicant's duly substantiated claim for market
economy status, as mentioned in paragraph 5(c) of this
notice, must reach the Commission within 21 days of the
date of publication of this notice in the Official Journal of the
European Union.

(c) Specific time limit
economy country

for

the selection of

the market

Parties to the investigation may wish to comment on the
appropriateness of Mexico which, as mentioned in para-
graph 5(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 Euro-
pean Union.

7. Written submissions, questionnaire replies and corre-

spondence

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 correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
parties’.

shall be

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant 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 Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It

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Official Journal of the European Union

19.2.2005

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate B
Office: 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.

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 find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.