Notice of initiation of a review of the extension of the antidumping duty imposed on imports of bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China
Date: 2006-11-28
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, originating product, two-wheeled vehicle

28.11.2006

EN

Official Journal of the European Union

C 289/15

Notice of initiation of a review of the extension of the antidumping duty imposed on imports of
bicycles originating in the People's Republic of China to imports of certain bicycle parts from the
People's Republic of China

(2006/C 289/04)

its disposal sufficient evidence to
The Commission has at
initiate a review pursuant to Article 13(4) and 11(3) of Council
Regulation (EC) No 384/96 on protection against dumped
imports from countries not members of the European Com-
munity (‘the basic Regulation’) (1), as last amended by Council
Regulation (EC) No 2117/2005 (2).

alleged circumvention of the anti-dumping duties imposed by
Regulation (EEC) No 2474/93 through the assembly of bicycles,
using bicycle parts originating in the PRC, in the Community.
The investigation found that circumvention was taking place
and the measures imposed on imports of bicycles from the
PRC were extended to imports of parts from that country (‘the
extended measures’).

1. Product

The product under review is essential bicycle parts:

3. Grounds for the review

— painted or anodized or polished and/or lacquered bicycle
code
classifiable

currently

within

CN

frames,
ex 8714 91 10,

— painted or anodized or polished and/or lacquered bicycle
classifiable within CN code

currently

forks,

front
ex 8714 91 30,

— derailleur gears, currently classifiable within CN code

8714 99 50,

— crank-gear,

currently

classifiable within

CN code

8714 96 30,

— free-wheel sprocket-wheels, currently classifiable within CN

code 8714 93 90, whether or not presented in sets,

— other brakes,
8714 94 30,

currently

classifiable within CN code

— brake

levers,

currently

classifiable within CN code

ex 8714 94 90, whether or not presented in sets,

Since the extension of the measures to imports of certain
bicycle parts, the Commission has granted requests for exemp-
tion from the extended measures to a large number of compa-
nies based in the Community. The Commission has continued
to receive requests for an exemption from the extended
measures and the current number of parties requesting an
the same time there are no
exemption is significant. At
apparent indications of circumvention practices by companies
having been granted an exemption.

the Commission has at

Furthermore,
its disposal sufficient
prima facie evidence that if the extension of the measures on
imports of bicycles to imports of certain bicycle parts was
removed, there would be no continuation or recurrence of
circumvention practices.

— complete wheels with or without tubes, tyres and sprockets,
currently classifiable within CN code ex 8714 99 90, and

4. Procedure

— handlebars,

currently

CN code
8714 99 10, whether or not presented with a stem, brake
and/or gear levers attached,

classifiable within

originating in the People's Republic of China (‘the product
concerned’). The above mentioned CN codes are only given for
information.

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Regulation (EEC) No 2474/93 (3) and main-
tained by Regulation (EC) 1524/2000 (4) on imports of bicycles
originating in the People's Republic of China (‘PRC’), as
extended by Council Regulation (EC) No 71/97 (5) to imports
of certain bicycle parts from the PRC.

The extension of the measures to imports of certain bicycle
parts from the PRC resulted from an investigation into the

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 340, 23.12.2005, p. 17.
(3) OJ L 228, 9.9.1993, p. 1.
(4) OJ L 175, 14.7.2000, p. 39. Regulation as amended by Council

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

(5) OJ L 16, 18.1.1997, p. 55

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a
review of the extension of the measures to imports of certain
bicycle parts,
the Commission hereby initiates a review in
accordance with Article 13(4) and 11(3) of the basic Regu-
lation.

The investigation will assess the need for the continuation of
the extension of the anti-dumping duty imposed on bicycles
originating in the PRC to imports of certain bicycle parts from
the PRC.

(a) Sampling

(i) Sampli ng for Communi t y pr odu c e r s/ asse m-

b le r s of bi cy c l e s

the apparent

large number of parties
In view of
involved in this review investigation, the Commission
may decide to apply sampling in accordance with
Article 17 of the basic Regulation.

C 289/16

EN

Official Journal of the European Union

28.11.2006

In order to enable the Commission to select a sample,
all Community producers/assemblers (1) of bicycles are
hereby requested to provide the following information
on their company or companies within the time limit
set in point 5(b)(i):

— the volume of units of essential bicycle parts as
listed in section 1 used in the assembly operations
of the company during the calendar years 2003,
2004, 2005, and for the period from 1st October
2005 to 30 September 2006,

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

numbers and contact person,

— the total turnover in EUR of the company for the
calendar years 2003, 2004, 2005 and for
the
period from 1st October 2005 to 30 September
2006,

— the turnover in EUR of the company for sales of all
bicycles on the Community market for the calendar
years 2003, 2004, 2005 and for the period from
1st October 2005 to 30 September 2006,

— the turnover in EUR of the company for sales of
bicycles assembled in-house in the Community and
sold on the Community market for the calendar
years 2003, 2004, 2005 and for the period from
1st October 2005 to 30 September 2006,

— the turnover in EUR of the company for sales of
bicycles parts on the Community market for the
calendar years 2003, 2004, 2005 and for
the
period from 1st October 2005 to 30 September
2006,

— the volume in units of all bicycles sold on the Com-
munity market during the calendar years 2003,
2004, 2005 and for the period from 1st October
2005 to 30 September 2006,

— the volume in units of bicycles assembled in-house
in the Community during the calendar years 2003,
2004, 2005 and for the period from 1st October
2005 to 30 September 2006,

— the total cost in EUR of bicycle parts produced by
the company during the calendar years 2003, 2004,
2005 and for the period from 1st October 2005 to
30 September 2006,

— the total value in EUR of bicycle parts of Chinese
origin imported or purchased by the company
during the calendar years 2003, 2004, 2005, and
the period from 1st October 2005 to 30
for
September 2006,

— the total value in EUR of bicycle parts of non-
Chinese origin imported or purchased by the
company during the calendar years 2003, 2004,
2005 and for the period from 1st October 2005 to
30 September 2006,

— the total direct manufacturing costs in EUR for the
labour and
bicycles produced/assembled (direct
manufacturing overheads) by the company during
the calendar years 2003, 2004, 2005, and for the
period from 1st October 2005 to 30 September
2006,

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

companies (2)
selling of bicycles and of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
will imply replying to a questionnaire and accepting
an on-the-spot investigation of its response. If the
company indicates that
it does not agree to its
possible inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The
consequences of non-cooperation are set out
in
point 7 below.

(ii) F i na l se le c ti on of th e sa mp le

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in point 5(b)(ii).

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit set in point 5(b)(iii)
and must cooperate within the framework of the inves-
tigation.

forthcoming,

sufficient co-operation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in point 7.

(1) All parties that have been exempted pursuant to Commission Regu-
lation (EC) No 88/97 of 20 January 1997 (OJ L 17 of 21.1.1997, p.
17) as well as parties under examination pursuant to the same
Regulation, are required to provide this information.

(2) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p.1).

28.11.2006

EN

Official Journal of the European Union

C 289/17

(b) Questionnaires

(b) Specific time limit in respect of sampling

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
sampled Community producers/assemblers of
to the
bicycles
information and
in the Community. This
supporting evidence should reach the Commission within
the time limit set in point 5(b)(iii).

(c) 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 point 5(a)(i).

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).

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.

Companies selected in a sample must submit question-
naire replies within the time limits specified in point
6(b)(iii).

(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.

(i) The information specified in point 4(a)(i) should reach
the Commission within 15 days of the date of publica-
tion 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 Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as
reach the
referred to in 4(a)(ii) must
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

(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.

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
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘FOR INSPECTION BY INTER-
ESTED 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-co-operation

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, findings, affirmative
or negative, may be made in accordance with Article 18 of the
basic Regulation, on the basis of the facts available.

(1) This means that

the document

is for internal use only.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It

C 289/18

EN

Official Journal of the European Union

28.11.2006

In cases in which exempted parties or parties under examina-
tion do not provide the information requested in points 4(a)(i)
and, as appropriate, 5(a)(i) above within the time limits, the
provisions of Article 10 of Commission Regulation (EC) No
88/97 of 20 January 1997 (1) regarding the revocation of an
exemption and the provisions of Article 7(4) of the same Regu-
lation may apply to them respectively.

does not cooperate or cooperates only partially, and use of
facts available is made, the result may be less favorable to that
party than if it had cooperated.

8. Schedule of the investigation

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

(1) OJ L 17, 21.1.1997, p. 17.