Council Regulation (EC) No 1892/2005 of 14 November 2005 terminating the partial interim review of the anti-dumping measures applicable to imports of bicycles originating in the People’s Republic of China
Date: 2005-11-14
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, two-wheeled vehicle

L 302/22

EN

Official Journal of the European Union

19.11.2005

COUNCIL REGULATION (EC) No 1892/2005

of 14 November 2005

terminating the partial

interim review of the anti-dumping measures applicable to imports of

bicycles originating in the People’s Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty
Community,

establishing the European

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) (basic
Regulation), and in particular Article 11(3) thereof,

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

Whereas:

A. PROCEDURE

1. Measures in force

(1)

(2)

(3)

On 9 September 1993, the Council, by Regulation (EEC)
No 2474/93 (2) imposed a definitive anti-dumping duty
of 30,6 % on imports of bicycles originating in the
People’s Republic of China (the PRC),
(the original
measures). On 18 January 1997,
following an anti-
circumvention investigation, this duty was extended by
Council Regulation (EC) No 71/97 to imports of certain
bicycle parts originating in the PRC.

On 14 July 2000, following an expiry review pursuant
to Article 11(2) of the basic Regulation, the Council,
by Regulation (EC) No 1524/2000 (3), decided that the
abovementioned measures should be maintained.

On 14 July 2005, following an interim review pursuant
to Article 11(3) of the basic Regulation (the previous
the Council by Regulation (EC) No
investigation),
1095/2005, amended the definitive anti-dumping duty
on imports of bicycles originating in the PRC. The
amended rate of the duty applicable to the net, free-at-
is 48,5 % for
Community-frontier price, before duty,
imports of bicycles originating in the PRC.

2. Current investigation

(4)

lodged by Giant
The Commission received a request
China Co., Ltd (the applicant)
interim
review pursuant to Article 11(3) of the basic Regulation.

for a partial

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

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

(2) OJ L 228, 9.9.1993, p. 1. Regulation as last amended by Regulation

(EC) No 71/97 (OJ L 16, 18.1.1997, p. 55).

(3) OJ L 175, 14.7.2000, p. 39. Regulation as last amended by Regu-

lation (EC) No 1095/2005 (OJ L 183, 14.7.2005, p. 1).

that

significantly.

In particular,

The request was based on the prima facie evidence,
provided by the applicant,
the circumstances on
the basis of which measures were established have
changed and that these changes are of lasting nature.
inter alia, that the circumstances
The applicant alleged,
(MES) had
with regard to market economy status
changed
applicant
it now fulfilled the requirements to be
claimed that
the basic
to Article 2(7)(b) of
granted MES pursuant
Regulation.
provided
applicant
evidence showing that a comparison of normal value
based on its own cost/domestic prices and its export
prices to the enlarged European Union, would lead to a
dumping margin significantly below the level of
the
current measure. Accordingly, the applicant alleged that
the continued imposition of the measure at its current
level was no longer necessary to offset dumping.

Furthermore,

the

the

(6)

(7)

(8)

(9)

after

the Advisory
consulting
The Commission,
initiated on 19 February 2005 by a
Committee,
notice (4) a partial
interim review limited in scope to
the examination of whether
the applicant operated
under market economy conditions as defined in Article
2(7)(c) of the basic Regulation or alternatively whether
the applicant fulfilled the requirements to have an indi-
vidual duty in accordance with Article 9(5) of the basic
Regulation.

The Commission sent a questionnaire and a claim form
for MES pursuant to Article 2(7) of the basic Regulation
to the applicant.

The investigation covered the period from 1 January
2004 to 31 December 2004 (hereinafter referred to as
investigation period or IP).

3. Parties concerned by the investigation

the

advised

officially

The Commission
exporting
producer, the representatives of the exporting country
and the Community producers of the initiation of the
review. Interested parties were given the opportunity to
make their views known in writing, to submit infor-
mation and to provide supporting evidence and to
request a hearing within the time-limit set out in the
interested parties who so
notice of
requested and showed that
there were reasons why
they should be heard were granted a hearing.

initiation. All

(4) OJ C 44, 19.2.2005, p. 24.

19.11.2005

EN

Official Journal of the European Union

L 302/23

(10)

(11)

(12)

(13)

B. PRODUCT CONCERNED

(14)

cycles
currently

The product concerned is the same as that covered by
the original and previous investigations, namely bicycles
and other
(including delivery tricycles), not
classifiable within CN codes
motorised,
8712 00 10, 8712 00 30 and 8712 00 80 (product
concerned). No evidence was
found suggesting that
circumstances with regard to the product concerned
had significantly changed since the imposition of the
measures.

the current

investigation.

The applicant was amongst the companies that did not
meet the necessary requirements for individual treatment
in the framework of the previous investigation and the
findings of that investigation remain valid also for the IP
it was
of
In this
established,
that all PRC exporting producers were
subject to significant State control with regard to deter-
mining their export prices and quantities of the product
concerned as explained in recital 13. It was, therefore,
the
concluded that
requirements for individual treatment in the framework
of the current investigation.

applicant does not meet

respect,

the

C. RESULT OF THE INVESTIGATION

1. Market Economy Status (MES)

the

framework of

investigation which was
In the
it was
concluded by Regulation (EC) No 1095/2005,
the Chinese exporting producers
established that all
applying for MES did not meet
in
Article 2(7)(c) of the basic Regulation, for the reasons
set out in recitals 31 to 33 of the said Regulation. The
applicant was amongst the companies denied MES within
the framework of that investigation.

the criteria set

i.e.

In view of the fact that findings regarding the MES claims
of the previous investigation remain valid also for the
year 2004,
it
was decided, after consulting the Advisory Committee,
not
to grant MES to the applicant, since it did not
meet the criteria set in Article 2(7)(c) of the basic Regu-
lation.

investigation,

the current

the IP of

2. Individual treatment (IT)

In the framework of the previous investigation it was
the Chinese exporting producers
also concluded that
the necessary
having applied for
IT did not meet
requirements
in
set out
Article 9(5) of the basic Regulation for the reasons set
(EC)
in
out
No 1095/2005.

recitals 45 to 47 of Regulation

treatment as

individual

for

3. Conclusion

(15) Given the above, neither MES nor IT could be granted to
the applicant. On this basis, it is considered that, in the
case of the applicant, the circumstances with regard to
dumping have not changed significantly compared to the
situation prevailing during the investigation period used
in the investigation which led to the amended measures.
Therefore, it is concluded that the partial interim review
of the anti-dumping measures applicable to imports into
the Community of bicycles originating in the People’s
Republic of China
terminated without
should be
amending the measures in force,

HAS ADOPTED THIS REGULATION:

Article 1

The partial

interim review of the anti-dumping duty on
1.
imports of bicycles originating in the People’s Republic of China
is hereby terminated.

The definitive anti-dumping duty imposed by Regulation

2.
(EC) No 1524/2000 shall be maintained.

Article 2

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

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

Done at Brussels, 14 November 2005.

For the Council
The President

T. JOWELL