6.7.2022
EN
Official Journal of the European Union
C 260/7
In the present case, the General Court annulled the anti-dumping and anti-subsidy Regulations at issue for one common reason, namely, that the Commission failed to make a fair comparison in the price undercutting analysis at the same level of trade when determining the existence of significant undercutting.
According to the General Court, this error also tainted the causation analysis and potentially the injury margin as regards the applicant.
The remaining findings and conclusions in the regulations at issue which were not contested, or which were contested but not examined by the General Court remain valid and are not affected by this reopening.
3.
Reopening procedure
In view of the above, the Commission decided to reopen the anti-dumping and anti-subsidy investigations on imports of electric bicycles originating in the People’s Republic of China that led to the adoption of the regulations at issue, insofar as they concern Giant Electric Vehicle Kunshan Co. Ltd.
The reopening of the original investigations resumes them at the point at which the irregularity occurred.
The purpose of the reopening of the original investigations is to fully address the errors identified by the General Court and to assess whether the application of the rules as clarified by the General Court warrants the re-imposition of the measures at the original or, if any, a revised level as from the date on which the regulations at issue originally entered into force.
Interested parties are hereby informed that future liability may emanate from the findings of this re-examination.
4.
Written submissions
All interested parties, and in particular Giant, are invited to make their views known, submit information and provide supporting evidence on issues pertaining to the reopening of the investigation.
Unless otherwise specified, this information and supporting evidence must reach the Commission within 20 days from the date of publication of this Notice in the Official Journal of the European Union.
5.
Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services.
Any request to be heard should be made in writing and should specify the reasons for the request.
For hearings on issues pertaining to the reopening of the investigation, the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union.
Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with interested parties.
6.
Instructions for making written submissions and sending correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights.
Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing the Commission a) to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.
All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’ (17).
Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.
Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic anti-dumping Regulation and Article 29(2) of the basic anti-subsidy Regulation, which will be labelled ‘For inspection by interested parties’.
Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.
If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.
(17) A ‘Sensitive’ document is a document which is considered confidential 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 is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).