2009/48/EC: Commission Decision of 22 January 2009 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People's Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People's Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97 (notified under document number C(2009) 157)
Date: 2009-01-22
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, import policy, originating product, spare part, two-wheeled vehicle

L 19/62

EN

Official Journal of the European Union

23.1.2009

COMMISSION DECISION

of 22 January 2009

granting certain parties an exemption from the extension to certain bicycle parts of the anti-
dumping duty on bicycles originating in the People's Republic of China imposed by Council
Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005,
and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle
to
parts originating in the People's Republic of China granted to certain parties pursuant

Commission Regulation (EC) No 88/97

(notified under document number C(2009) 157)

(2009/48/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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’),

Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-
dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People's Republic of
China to imports of certain bicycle parts from the People's Republic of China, and levying the extended duty
on such imports registered under Regulation (EC) No 703/96 (2) (the ‘extending Regulation’),

Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997, on the authorisation of the
exemption of imports of certain bicycle parts originating in the People's Republic of China from the
extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation
(EEC) No 2474/93 (3) (the ‘exemption Regulation’), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted
requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty as
extended to imports of certain bicycle parts from the People's Republic of China by Regulation (EC)
No 71/97 (the ‘extended anti-dumping duty’). The Commission has published in the Official Journal
successive lists of bicycle assemblers (4) for which the payment of the extended anti-dumping duty in
respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant
to Article 5(1) of the exemption Regulation.

Following the publication of a list of parties under examination (5), a period of examination has been
selected. This period was defined as from 1 January 2007 to 30 June 2008. A questionnaire was sent
to all parties under examination, requesting information on the assembly operations conducted
during the relevant period of examination.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 16, 18.1.1997, p. 55.
(3) OJ L 17, 21.1.1997, p. 17.
(4) OJ C 45, 13.2.1997, p. 3; OJ C 112, 10.4.1997, p. 9; OJ C 220, 19.7.1997, p. 6; OJ C 378, 13.12.1997, p. 2; OJ
C 217, 11.7.1998, p. 9; OJ C 37, 11.2.1999, p. 3; OJ C 186, 2.7.1999, p. 6; OJ C 216, 28.7.2000, p. 8; OJ C 170,
14.6.2001, p. 5; OJ C 103, 30.4.2002, p. 2; OJ C 35, 14.2.2003, p. 3; OJ C 43, 22.2.2003, p. 5; OJ C 54, 2.3.2004,
p. 2; OJ C 299, 4.12.2004, p. 4; OJ L 17, 21.1.2006, p. 16; and OJ L 313, 14.11.2006, p. 5; OJ L 81, 20.3.2008,
p. 73; OJ C 310, 5.12.2008, p. 19.

(5) OJ L 81, 20.3.2008, p. 73.

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Official Journal of the European Union

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A. REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS PREVIOUSLY GRANTED

1. Acceptable requests for exemption

(3)

The Commission received from the parties listed in table 1 below all the information required for the
determination of the admissibility of their requests. These parties received their suspension after this
date. The information provided was examined and verified, where necessary, at the premises of the
parties concerned. Based on this information, the Commission found that the requests submitted by
the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regu­
lation.

Table 1

Name

Address

Country

Blue Ocean Hungary Ltd

Sukorói u. 8, 8097 Nadap

Canyon Bicycles GmbH

Koblenzer Straße 236, 56073 Koblenz

Euro Bike Products

Ul. Starolecka 18, 61-361 Poznan

KOVL spol. s.r.o.

Choceradská 3042/20, 14100 Prague

MICPOL

Ul. Myśliborska 93A/62, 03-185 Warsaw

N&W Cycle GmbH

Mühlenhof 5, 51598 Friesenhagen

Radsportvertrieb Dietmar Bayer GmbH Zum Acker 1, 56244 Freirachdorf

Special Bike Società Cooperativa

Via dei Mille n. 50, 71042 Cerignola (FG)

HU

DE

PL

CZ

PL

DE

DE

IT

TARIC
additional
code

A858

A856

A849

A838

A839

A852

A850

A533

(4)

(5)

(6)

The facts as finally ascertained by the Commission show that for all of these applicants' bicycle
assembly operations, the value of the parts originating in the People's Republic of China which were
used in their assembly operations was lower than 60 % of the total value of the parts used in these
assembly operations, and they, therefore, fall outside the scope of Article 13(2) of the basic Regu­
lation.

For this reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in
the above table should be exempted from the extended anti-dumping duty.

In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in
table 1 from the extended anti-dumping duty should take effect as from the date of receipt of their
requests. In addition, their customs debt in respect of the extended anti-dumping duty is to be
considered void as from the date of receipt of their requests for exemption.

2. Unacceptable requests for exemption and withdrawals

(7)

The party listed in table 2 below also submitted requests for exemption from the extended anti-
dumping duty.

Table 2

Name

Address

Country

TARIC
additional
code

Eusa Mart
European Sales & Marketing GmbH &
Co. KG

An der Welle 4, 60322 Frankfurt am Main

DE

A857

(8)

The party did not submit a questionnaire reply.

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Official Journal of the European Union

23.1.2009

(9)

Since the party listed in table 2 failed to meet the criteria for exemption set by Article 6(2) of the
exemption Regulation, the Commission has to reject its requests for exemption, in accordance with
Article 7(3) of the Regulation. In the light of this, the suspension of the payment of the extended
anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the
the request
extended anti-dumping duty must be collected as from the date of
submitted by this party.

receipt of

B. REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS NOT PREVIOUSLY GRANTED

1. Admissible requests for exemption for which suspension should be granted

(10)

Interested parties are hereby informed of the receipt of a further request for exemption, pursuant to
Article 3 of the exemption Regulation, from a party listed in table 3. The suspension from the
extended duty, following this request, should take effect as shown in the column headed ‘Date of
effect’:

Table 3

Name

Address

Country

Exemption
pursuant to
Regulation (EC)
No 88/97

Date of effect

TARIC
additional
code

Winora-Staiger GmbH

Max-Planck-Straße 6,
97526 Sennfeld

DE

Article 5

27.11.2008

A894

2. Inadmissible requests for exemption

(11)

The parties listed in table 4 also submitted requests for exemption from the payment of the extended
anti-dumping duty:

Name

Cicli B Radsport Bornmann
Import + Versand

MSC Bikes SL

Table 4

Address

Königstor 48, 34117 Kassel

C/Hostalets, Nave 3. Pol. Ind.
Puig-Xorigué, 08540 Centelles,
Barcelona

Country

DE

ES

(12) With regard to these parties, it should be noted that their requests did not meet the admissibility
criteria set out in Article 4(1) of the exemption Regulation as all these applicants use essential bicycle
parts for the production or assembly of bicycles in quantities below 300 units per type on a monthly
basis.

(13)

These parties were informed accordingly and were given an opportunity to comment. No suspension
was granted to these parties,

HAS ADOPTED THIS DECISION:

Article 1

The parties listed below in table 1 are hereby exempted from the extension to imports of certain bicycle
parts from the People's Republic of China by Regulation (EC) No 71/97 of the definitive anti-dumping duty
on bicycles originating in the People's Republic of China imposed by Regulation (EEC) No 2474/93 (1).

(1) OJ L 228, 9.9.1993, p. 1. Regulation as maintained by Regulation (EC) No 1524/2000 (OJ L 175, 14.7.2000, p. 39)

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

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Official Journal of the European Union

L 19/65

The exemption shall take effect in relation to each party as from the relevant date shown in the column
headed ‘Date of effect’.

Table 1

List of parties to be exempted

Name

Address

Country

Blue Ocean Hungary Ltd

Sukorói u. 8, 8097 Nadap

Canyon Bicycles GmbH

Euro Bike Products

KOVL spol. s.r.o

MICPOL

N&W Cycle GmbH

Koblenzer Straße 236,
56073 Koblenz

Ul. Starolecka 18,
61-361 Poznan

Choceradská 3042/20,
14100 Prague

Ul. Myśliborska 93A/62,
03-185 Warsaw

Mühlenhof 5,
51598 Friesenhagen

Radsportvertrieb Dietmar Bayer
GmbH

Zum Acker 1,
56244 Freirachdorf

Special Bike Società Cooperativa

Via dei Mille n. 50,
71042 Cerignola (FG)

HU

DE

PL

CZ

PL

DE

DE

IT

Exemption
pursuant to
Regulation (EC)
No 88/97

Date of effect

TARIC
additional
code

Article 7

30.1.2008

A858

Article 7

4.12.2007

A856

Article 7

6.8.2007

A849

Article 7

29.3.2007

A838

Article 7

17.4.2007

A839

Article 7

11.10.2007

A852

Article 7

25.6.2007

A850

Article 7

22.1.2008

A533

Article 2

The request for exemption from the extended anti-dumping duty submitted pursuant to Article 3 of
Regulation (EC) No 88/97 by the party listed below in table 2 is hereby rejected.

The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No
88/97 is hereby lifted for the party concerned as from the relevant date shown in the column headed ‘Date
of effect’.

Table 2

List of parties for which the suspension is to be lifted

Name

Address

Country

Suspension
pursuant to
Regulation (EC)
No 88/97

Date of effect

TARIC
additional
code

Eusa Mart
European Sales & Marketing
GmbH & Co. KG

An der Welle 4,
60322 Frankfurt am Main

DE

Article 5

7.1.2008

A857

The party listed in table 3 below constitutes the updated list of parties under examination pursuant to
Article 3 of Regulation (EC) No 88/97. The suspension from the extended duty, following these requests,
took effect from the relevant date in the column headed ‘Date of effect’ in table 3.

Article 3

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Official Journal of the European Union

23.1.2009

Table 3

Name

Address

Country

Suspension
pursuant to
Regulation (EC)
No 88/97

Date of effect

TARIC
additional
code

Winora-Staiger GmbH

Max-Planck-Straße 6,
97526 Sennfeld

DE

Article 5

27.11.2008

A894

Article 4

The requests for exemption from the extended anti-dumping duty made by the parties listed below in table
4 are hereby rejected.

List of parties for which the request for exemption is rejected

Table 4

Name

Address

Cicli B Radsport Bornmann
Import + Versand

MSC Bikes SL

Königstor 48, 34117 Kassel

C/Hostalets, Nave 3. Pol. Ind.
Puig-Xorigué, 08540
Centelles, Barcelona

Article 5

Country

DE

ES

This Decision is addressed to the Member States and to the parties listed in Articles 1, 2, 3 and 4.

Done at Brussels, 22 January 2009.

For the Commission

Catherine ASHTON
Member of the Commission