Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China
Date: 2006-01-10
Institutions: European Commission
Subjects: China, anti-dumping legislation, import, originating product, two-wheeled vehicle

C 5/2

EN

Official Journal of the European Union

10.1.2006

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

(2006/C 5/02)

The Commission has decided on its own initiative to initiate a
interim review pursuant to Article 11(3) of Council
partial
Regulation (EC) No 384/96 on protection against dumped
imports from countries not members of the European Com-
munity (‘the basic Regulation’) (1). The review is limited in
scope to dumping aspects as far as one exporting producer,
Giant China Co. Ltd., (‘the company’) is concerned.

market economy conditions as defined in Article 2(7)(c) of the
basic Regulation or alternatively whether the company fulfils
the requirements to have an individual duty established in
accordance with Article 9(5) of the basic Regulation and, if so,
to determine the company's individual 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.

1. Product

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

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the company mentioned above.

(a) Questionnaires

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1524/2000 (2), as
last amended by Regulation (EC) No 1095/2005 (3).

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the company and to the authorities of the exporting
country concerned. This
information and supporting
evidence should reach the Commission within the time
limit set in point 5(a)(i) of this notice.

3. Grounds for the review

(b) Collection of information and holding of hearings

There is sufficient prima facie evidence available to the Commis-
sion, that the circumstances on the basis of which the existing
measures were established have changed and that these changes
are of a lasting nature.

The information at the Commission's disposal
indicates that
market economy conditions prevail for the company as demon-
strated by the fact that it fulfils the criteria of Article 2(7)(c) of
the basic Regulation. Furthermore, a comparison of normal
value based on the company's own costs/domestic prices and
its export prices would lead to a reduction of dumping signifi-
cantly 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.

4. 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
the company operates under
view to determine whether

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

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

(2) OJ L 175, 14.7.2000, p. 39.
(3) OJ L 183, 14.7.2005, p. 1.

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 point 5(a)(i) of this notice.

information other

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 point 5(a)(ii) of
this notice.

(c) Market economy status

In the event that the company 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
in point 5(b) of this
within the specific time limit set
notice. The Commission will send a claim form to the
company as well as to the authorities of
the People's
Republic of China.

10.1.2006

EN

Official Journal of the European Union

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(d) Selection of the market economy country

that

In the event
the company 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 investigation which led to the imposi-
tion of the current 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
point 5(c) of this notice.

Furthermore,
in the event that the company is granted
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.

5 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 company has to submit its
questionnaire reply within the aforementioned period
of 40 days.

(ii) He 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

company's duly substantiated claim for market
The
economy status, as mentioned in point 4(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 Euro-
pean Union.

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

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Mexico which, as mentioned in point
4(d) of
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.

6. Written submissions, questionnaire replies and cor-

respondence

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 numbers of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by inter-
ested 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

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

7. 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
the result may be less
Article 18 of the basic Regulation,
favourable to that party than if it had cooperated.

(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