Council Regulation (EC) No 1651/2006 of 7 November 2006 terminating the partial interim review of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China
Date: 2006-11-07
Institutions: Council of the European Union
Subjects: China, anti-dumping legislation, anti-dumping measure, import, originating product, two-wheeled vehicle

L 311/6

EN

Official Journal of the European Union

10.11.2006

COUNCIL REGULATION (EC) No 1651/2006

of 7 November 2006

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,

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

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

Whereas:

(1)

(2)

(3)

1. EXISTING MEASURES

The measures currently in force are definitive anti-
dumping duties imposed on imports of bicycles origi-
nating,
in the People's Republic of China
(PRC) by Council Regulation (EC) No 1524/2000 (2)
(the original regulation).

inter alia,

2. PRESENT INVESTIGATION

Journal of

On 10 January 2006, the Commission initiated by a
the European
notice published in the Official
Union (3), on its own initiative,
an investigation
pursuant to Article 11(3) of the basic Regulation. The
interim review is limited in scope to dumping aspects
as far as one exporting producer of bicycles, Giant
China Co. Ltd.
is
(Giant China or
concerned.

the company)

There was sufficient prima facie evidence available to the
the circumstances on the basis of
Commission that
which the existing measures were established have
changed and that
these changes were of a lasting
nature. The information at the Commission's disposal
for
indicated that market economy conditions prevail

the company as demonstrated by the fact that it appeared
to fulfil the criteria set out in Article 2(7)(c) of the basic
Regulation.

The partial interim review was therefore initiated with a
view to determine whether the company operates under
market economy conditions as defined in Article 2(7)(c)
of
the
the basic Regulation or alternatively whether
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.

3. PROCEDURE

The Commission officially advised Giant China,
the
Community industry and the authorities of the PRC of
the initiation of the investigation. Interested parties were
given the opportunity to make their views known in
writing and to request a hearing within the time limit
set out in the notice of initiation.

In order to allow the company to submit a claim for
market economy treatment (MET) or individual treatment
(IT), the Commission sent claim forms to the company
and to the authorities of the PRC. Subsequently, claims
for MET were received from Giant China and its related
company.

A verification visit was carried out at the premises of
Giant China and its related company Giant Chengdu
Co. Ltd.

4. THE PRODUCT CONCERNED

The product concerned is, as defined in Article 1 of the
original regulation, bicycles and other cycles (including
delivery tricycles, but excluding unicycles), not motorised
originating in the PRC (the product concerned), currently
classifiable within CN codes ex 8712 00 10, 8712 00 30
and ex 8712 00 80.

(4)

(5)

(6)

(7)

(8)

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

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) 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).

(3) OJ C 5, 10.1.2006, p. 2.

5. INVESTIGATION PERIOD

(9)

The investigation covered the period from 1 January
2005 to 31 December 2005.

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EN

Official Journal of the European Union

L 311/7

6. RESULTS OF THE INVESTIGATION

(13)

(10)

(11)

It was found during the investigation that the company
was related to another manufacturer of
the product
concerned in the PRC, which did, however, not submit
a reply to the MET claim form within the deadline set in
the notice of initiation.

a group of

to examine whether

It has to be noted that it is the Commission's consistent
practice
related
companies, as a whole, fulfils the conditions for MET.
This is deemed to be necessary to avoid that sales of a
group of companies are channelled via one of the related
companies in the group, should measures be imposed.
Therefore,
in cases where a subsidiary or any other
related company is a producer and/or a seller of the
product concerned, all such related companies have to
provide a reply to the MET claim form in order that an
examination can be made as to whether they also meet
the criteria set out in Article 2(7)(c) of the basic Regu-
lation. Consequently, failure in that respect leads to the
result that it cannot be established that the group, as a
whole, fulfils all the conditions for MET.

(12)

Furthermore, no determination as
the
company fulfilled the requirements of Article 9(5) of
the basic Regulation could be made as
facts
the
available did not allow for such a determination.

to whether

The company was informed by the Commission of the
above conclusions. It declared its intention to no longer
cooperate in this review proceeding.

7. TERMINATION OF THE PROCEEDING

(14)

In light of the above,
it is concluded that the partial
interim review concerning imports into the Community
of
the product concerned produced by Giant China
should be terminated and the measures as described in
recital 1 should be maintained,

HAS ADOPTED THIS REGULATION:

Article 1

The partial

1.
interim review, pursuant to Article 11(3) of
Regulation (EC) No 384/96, with regard to the anti-dumping
measures applicable to imports of bicycles produced by Giant
China Co. Ltd. and originating in the People's Republic of China
by virtue of Regulation (EC) No 1524/2000, as last amended by
Regulation (EC) No 1095/2005, is hereby terminated.

The anti-dumping measures currently in force with regard

2.
to Giant China Co. Ltd. are 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, 7 November 2006.

For the Council
The President

E. HEINÄLUOMA