CELEX: 32018D0477
Language: en
Date: 2018-03-15 00:00:00
Title: Commission Implementing Decision (EU) 2018/477 of 15 March 2018 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97 (notified under document C(2018) 1506)

22.3.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 79/31
            
         COMMISSION IMPLEMENTING DECISION (EU) 2018/477
   of 15 March 2018
   concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97
   
      
         (notified under document C(2018) 1506)
      
   
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 13(4) thereof,
   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), and in particular Article 3 thereof,
   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), and in particular Articles 4 to 7 thereof,
   After informing the Member States,
   Whereas:
   
               (1)
            
            
               Currently an anti-dumping duty applies on imports into the Union of essential bicycle parts originating in the People's Republic of China (‘China’) (‘the extended duty’) as a result of the extension by Regulation (EC) No 71/97 of the anti-dumping duty on imports of bicycles originating in China. The extended duty was lastly maintained by Council Regulation (EU) No 502/2013 (4).
            
         
               (2)
            
            
               Under Article 3 of Regulation (EC) No 71/97, the Commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty.
            
         
               (3)
            
            
               Those implementing measures are set forth in Regulation (EC) No 88/97 establishing the specific exemption system.
            
         
               (4)
            
            
               On this basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).
            
         
               (5)
            
            
               As provided for in Article 16(2) of Regulation (EC) No 88/97, the Commission has published in the Official Journal of the European Union subsequent lists of the exempted parties (5).
            
         
               (6)
            
            
               The most recent Commission Implementing Decision concerning exemptions under Regulation (EC) No 88/97 was adopted on 22 February 2017 (6).
            
         1.   REQUESTS FOR EXEMPTION
   
   
               (7)
            
            
               The Commission received from the parties listed in Tables 1 and 3 below requests for exemption with all the information required to determine that these were admissible in accordance with Article 4(1) of Regulation (EC) No 88/97.
            
         
               (8)
            
            
               The parties requesting exemptions were given an opportunity to comment on the Commission's conclusions as for the admissibility of their requests.
            
         
               (9)
            
            
               In accordance with Article 5(1) of Regulation (EC) No 88/97, pending a decision on the merits of requests from the parties requesting exemptions, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the Commission received their requests.
            
         2.   AUTHORISATION OF EXEMPTION
   
   
               (10)
            
            
               The examination of the merits of the requests from the parties listed in Table 1 below has been concluded.
               
                  Table 1
               
               
                           TARIC additional code
                        
                        
                           Name
                        
                        
                           Address
                        
                     
                           C003 
                        
                        
                           Interbike Spółka z o.o.
                        
                        
                           
                                       ul. Śląska 6/5,
                                    
                                 
                                       PL-42-200 Częstochowa, Poland
                                    
                                 
                     
                           C102 
                        
                        
                           Uno Bike B.V.
                        
                        
                           
                                       Bovendijk 213,
                                    
                                 
                                       NL-3045 PD Rotterdam, The Netherlands
                                    
                                 
                     
                           C128 
                        
                        
                           Slavomir Sladek Velosprint S
                        
                        
                           
                                       Trnavská 40,
                                    
                                 
                                       SK-949 01 Nitra, Slovak Republic
                                    
                                 
                     
         
               (11)
            
            
               The Commission established during this examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts of all the bicycles assembled by each one of these parties. This was also the case for the majority of the assembled bicycles by each party.
            
         
               (12)
            
            
               Consequently, their assembly operations fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.
            
         
               (13)
            
            
               For that reason, and in accordance with Article 7(1) of Regulation (EC) No 88/97, the parties listed in Table 1 above should be exempted from the extended duty.
            
         
               (14)
            
            
               In accordance with Article 7(2) of Regulation (EC) No 88/97, the exemptions should take effect as from the date of receipt of the requests. The customs debts in respect of the extended duty from the parties requesting exemptions should therefore be considered void from the same date.
            
         
               (15)
            
            
               The parties requesting exemptions were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon.
            
         
               (16)
            
            
               Since the exemptions apply only to the parties specifically referred to in Table 1 above, the exempted parties should notify the Commission (7) without delay of any changes to these (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities).
            
         
               (17)
            
            
               In case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.
            
         3.   UPDATE OF REFERENCES TO EXEMPTED PARTIES
   
   
               (18)
            
            
               The exempted parties listed in Table 2 below notified the Commission on changes in their references (names, legal forms and addresses). The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in Regulation (EC) No 88/97.
            
         
               (19)
            
            
               While the exemption of these parties from the extended duty authorised in accordance with Article 7(1) of Regulation (EC) No 88/97 remain unaffected, the references to these parties should be updated.
               
                  Table 2
               
               
                           TARIC additional code
                        
                        
                           Former reference
                        
                        
                           Change
                        
                     
                           8009 
                        
                        
                           
                                       MIFA-Bike GmbH
                                    
                                 
                                       Kyselhäuser Strasse 23
                                    
                                 
                                       DE-06526 Sangerhausen, Germany
                                    
                                 
                        
                           The name and legal form of the company have been changed to:
                           Sachsenring Bike Manufaktur GmbH
                        
                     
                           A571 
                        
                        
                           
                                       Sprick Rowery Sp. z o.o.
                                    
                                 
                                       ul. Świerczewskiego 76
                                    
                                 
                                       PL-66-200 Świebodzin, Poland
                                    
                                 
                        
                           The address of the company has been changed to:
                           
                                       ul. Zachodnia 76
                                    
                                 
                                       PL-66-200 Świebodzin, Poland
                                    
                                 
                     
                           C053 
                        
                        
                           
                                       Firma Handlowo-Usługowo-Produkcyjna ‘Trans- Rower’ Roman Tylec
                                    
                                 
                                       Dąbie 47, PL-39-311 Zdziarzec, Poland
                                    
                                 
                        
                           The name and address of the company have been changed to:
                           
                                       Trans-Rower Roman Tylec
                                    
                                 
                                       Dąbie 54d, PL-39-311 Zdziarzec, Poland
                                    
                                 
                     
         4.   SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION
   
   
               (20)
            
            
               The examination of the merits of the request from the parties listed in Table 3 below is ongoing. Pending a decision on the merits of their requests, the payment of extended duty by these parties is suspended.
            
         
               (21)
            
            
               Since the suspensions apply only to the parties specifically referred to in Table 3 below, these parties should notify the Commission (7) without delay of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities).
            
         
               (22)
            
            
               In case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.
               
                  Table 3
               
               
                           TARIC additional code
                        
                        
                           Name
                        
                        
                           Address
                        
                     
                           C049 
                        
                        
                           Cycles Sport North Ltd
                        
                        
                           
                                       363 Leach Place, Walton Summit Centre,
                                    
                                 
                                       GB-PR5 8AS Preston, United Kingdom
                                    
                                 
                     
                           C170 
                        
                        
                           Hermann Hartje KG
                        
                        
                           
                                       Deichstrasse 120-122,
                                    
                                 
                                       DE-27318 Hoya, Germany
                                    
                                 
                     
                           C202 
                        
                        
                           Vanmoof B.V.
                        
                        
                           
                                       Mauritskade 55,
                                    
                                 
                                       NL-1092 AD Amsterdam, The Netherlands
                                    
                                 
                     
                           C207 
                        
                        
                           Kenstone Metal Company GmbH
                        
                        
                           
                                       Heideland 1-7,
                                    
                                 
                                       DE-24976 Handewitt-Weding, Germany
                                    
                                 
                     
                           C209 
                        
                        
                           Gor Kolesa, proizvodnja koles, d.o.o.
                        
                        
                           
                                       Partizanska cesta 12,
                                    
                                 
                                       SI-3320 Velenje, Slovenia
                                    
                                 
                     
                           C220 
                        
                        
                           Matex International Aquitaine
                        
                        
                           
                                       6 avenue Gay Lussac,
                                    
                                 
                                       FR-33370 Artigues-près-Bordeaux, France
                                    
                                 
                     
                           C307 
                        
                        
                           Merida Polska Sp. z o.o.
                        
                        
                           
                                       ul. Marii Skłodowskiej-Curie 35,
                                    
                                 
                                       PL-41-800 Zabrze, Poland
                                    
                                 
                     
                           C311 
                        
                        
                           Juan Luna Cabrera
                        
                        
                           
                                       C/Alhama 64,
                                    
                                 
                                       ES-14900 Lucena (Cordoba), Spain
                                    
                                 
                     
         5.   SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION LIFTED
   
   
               (23)
            
            
               The suspension of payment of the duties for parties under examination should be lifted for the party listed in Table 4 below.
               
                  Table 4
               
               
                           TARIC additional code
                        
                        
                           Name
                        
                        
                           Address
                        
                     
                           C169 
                        
                        
                           Pelago MFG oy
                        
                        
                           
                                       Tyynenmerenkatu 6 L3,
                                    
                                 
                                       FI-00220 Helsinki, Finland
                                    
                                 
                     
         
               (24)
            
            
               The Commission received from the party in question a request to withdraw the application for an exemption while the examination of its merits was ongoing and the payment of the extended duty was suspended.
            
         
               (25)
            
            
               The Commission accepted the withdrawal and consequently the suspension of the payment of the extended duty should be lifted. The extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, namely the date on which the suspension took effect (23 September 2016).
            
         
               (26)
            
            
               The party was informed of the Commission's conclusions and was given an opportunity to comment thereon. No comments were submitted within the deadline.
            
         6.   AUTHORISATION OF EXEMPTION REVOKED
   
   
               (27)
            
            
               The exempted party listed in Table 5 below notified the Commission the closing down of its activities and the renunciation of the exemption from the payment of extended duty.
            
         
               (28)
            
            
               Consequently, in accordance with the principle of good administration, the authorisation of exemption from the payment of the extended duty should be revoked.
               
                  Table 5
               
               
                           TARIC additional code
                        
                        
                           Name
                        
                        
                           Address
                        
                     
                           A549 
                        
                        
                           Alliance Bikes Sp. z o.o.
                        
                        
                           
                                       ul. Tadeusza Borowskiego 2,
                                    
                                 
                                       PL-03-475 Warszawa, Poland
                                    
                                 
                     
         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 shall apply.
   Article 2
   The parties listed in Table 1 below are hereby exempted from the extension by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People's Republic of China imposed by Council Regulation (EEC) No 2474/93 (8) to imports of certain bicycle parts from the People's Republic of China.
   In accordance with Article 7(2) of Regulation (EC) No 88/97 the exemptions shall take effect as from the dates of receipt of the parties' requests. These dates are provided for in the column headed ‘Date of effect’ in Table 1 below.
   The exemptions shall apply only to the parties specifically referred to in Table 1 with their names and addresses.
   The exempted parties shall notify the Commission without delay of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of exemption.
   
      Table 1
   
   
      Exempted parties
   
   
               TARIC additional code
            
            
               Name
            
            
               Address
            
            
               Date of effect
            
         
               C003 
            
            
               Interbike Spółka z o.o.
            
            
               
                           ul. Śląska 6/5,
                        
                     
                           PL-42-200 Częstochowa, Poland
                        
                     
            
               18.12.2014
            
         
               C102 
            
            
               Uno Bike B.V.
            
            
               
                           Bovendijk 213,
                        
                     
                           NL-3045 PD Rotterdam, The Netherlands
                        
                     
            
               24.11.2015
            
         
               C128 
            
            
               Slavomir Sladek Velosprint S
            
            
               
                           Trnavská 40,
                        
                     
                           SK-949 01 Nitra, Slovak Republic
                        
                     
            
               14.4.2016
            
         Article 3
   Updated references to the exempted parties listed in Table 2 below are provided for in the column headed ‘New reference’. These updates shall take effect as from the dates provided for in the column headed ‘Date of effect’.
   The corresponding TARIC additional codes previously attributed to these exempted parties as provided for in the column headed ‘TARIC additional code’ in Table 2 below remain unchanged.
   
      Table 2
   
   
      Exempted parties for which the reference shall be updated
   
   
               TARIC additional code
            
            
               Former reference
            
            
               New reference
            
            
               Date of effect
            
         
               8009 
            
            
               
                           MIFA-Bike GmbH
                        
                     
                           Kyselhäuser Strasse 23
                        
                     
                           DE-06526 Sangerhausen, Germany
                        
                     
            
               
                           Sachsenring Bike Manufaktur GmbH
                        
                     
                           Kyselhäuser Strasse 23
                        
                     
                           DE-06526 Sangerhausen, Germany
                        
                     
            
               24.8.2017
            
         
               A571 
            
            
               
                           Sprick Rowery Sp. z o.o.
                        
                     
                           ul. Świerczewskiego 76
                        
                     
                           PL-66-200 Świebodzin, Poland
                        
                     
            
               
                           Sprick Rowery Sp. z o.o.
                        
                     
                           ul. Zachodnia 76
                        
                     
                           PL-66-200 Świebodzin, Poland
                        
                     
            
               20.7.2017
            
         
               C053 
            
            
               
                           Firma Handlowo-Usługowo-Produkcyjna ‘Trans- Rower’ Roman Tylec
                        
                     
                           Dąbie 47,
                        
                     
                           PL-39-311 Zdziarzec, Poland
                        
                     
            
               
                           Trans-Rower Roman Tylec
                        
                     
                           Dąbie 54d,
                        
                     
                           PL-39-311 Zdziarzec, Poland
                        
                     
            
               19.9.2017
            
         Article 4
   The parties listed in Table 3 below are under examination in accordance with Article 6 of Regulation (EC) No 88/97.
   The suspensions of payment of the extended anti-dumping duty in accordance with Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’ in Table 3 below.
   These suspensions shall apply only to the parties under examination specifically referred to in Table 3 with their names and addresses.
   The parties under examination shall notify the Commission without delay of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension.
   
      Table 3
   
   
      Parties under examination
   
   
               TARIC additional code
            
            
               Name
            
            
               Address
            
            
               Date of effect
            
         
               C049 
            
            
               Cycles Sport North Ltd
            
            
               
                           363 Leach Place, Walton Summit Centre,
                        
                     
                           GB-PR5 8AS Preston, United Kingdom
                        
                     
            
               27.4.2015
            
         
               C170 
            
            
               Hermann Hartje KG
            
            
               
                           Deichstrasse 120-122,
                        
                     
                           DE-27318 Hoya, Germany
                        
                     
            
               29.9.2016
            
         
               C202 
            
            
               VANMOOF B.V.
            
            
               
                           Mauritskade 55,
                        
                     
                           NL-1092 AD Amsterdam, The Netherlands
                        
                     
            
               19.12.2016
            
         
               C207 
            
            
               Kenstone Metal Company GmbH
            
            
               
                           Heideland 1-7,
                        
                     
                           DE-24976 Handewitt-Weding, Germany
                        
                     
            
               20.3.2017
            
         
               C209 
            
            
               Gor Kolesa, proizvodnja koles, d.o.o.
            
            
               
                           Partizanska cesta 12,
                        
                     
                           SI-3320 Velenje, Slovenia
                        
                     
            
               26.4.2017
            
         
               C220 
            
            
               Matex International Aquitaine
            
            
               
                           6 avenue Gay Lussac,
                        
                     
                           FR-33370 Artigues-près-Bordeaux, France
                        
                     
            
               9.6.2017
            
         
               C307 
            
            
               Merida Polska Sp. z o.o.
            
            
               
                           ul. Marii Skłodowskiej-Curie 35,
                        
                     
                           PL-41-800 Zabrze, Poland
                        
                     
            
               14.6.2017
            
         
               C311 
            
            
               Juan Luna Cabrera
            
            
               
                           C/Alhama 64,
                        
                     
                           ES-14900 Lucena (Cordoba), Spain
                        
                     
            
               4.10.2017
            
         Article 5
   The suspension of the payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the party listed in Table 4 below.
   The extended duty should be collected as from the date on which the suspension took effect. This date is provided for in the column headed ‘Date of effect’ in Table 4 below.
   
      Table 4
   
   
      Party for which the suspension is lifted
   
   
               TARIC additional code
            
            
               Name
            
            
               Address
            
            
               Date of effect
            
         
               C169 
            
            
               Pelago MFG oy
            
            
               
                           Tyynenmerenkatu 6 L3,
                        
                     
                           FI-00220 Helsinki, Finland
                        
                     
            
               23.9.2016
            
         Article 6
   The authorisation of the exemption of payment of the extended anti-dumping duty is hereby revoked the party listed in Table 5 below.
   The extended duty should be collected as from the date on which the revocation of the authorisation took effect. This date is provided for in the column headed ‘Date of effect’ in Table 5 below.
   
      Table 5
   
   
      Party for which the exemption is revoked
   
   
               TARIC additional code
            
            
               Name
            
            
               Address
            
            
               Date of effect
            
         
               A549 
            
            
               Alliance Bikes Sp. z o.o.
            
            
               
                           ul. Tadeusza Borowskiego 2,
                        
                     
                           PL-03-475 Warszawa, Poland
                        
                     
            
               21.2.2017
            
         Article 7
   This Decision is addressed to the Member States and to the parties listed in Articles 2, 3, 4, 5 and 6. It is also published in the Official Journal of the European Union.
   
      Done at Brussels, 15 March 2018.
      
         
            For the Commission
         
         Cecilia MALMSTRÖM
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 176, 30.6.2016, p. 21.
   
      (2)  OJ L 16, 18.1.1997, p. 55.
   
      (3)  OJ L 17, 21.1.1997, p. 17.
   
      (4)  Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 153, 5.6.2013, p. 17).
   
      (5)  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 L 193, 22.7.1997, p. 32, OJ L 334, 5.12.1997, p. 37, 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 L 343, 19.11.2004, p. 23, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16, OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86, OJ L 119, 23.4.2014, p. 67, OJ L 132, 29.5.2015, p. 32, OJ L 331, 17.12.2015, p. 30, OJ L 47, 24.2.2017, p. 13.
   
      (6)  OJ L 47, 24.2.2017, p. 13.
   
      (7)  The parties are advised to use the following e-mail address: TRADE-BICYCLE-PARTS@ec.europa.eu
   
      (8)  Council Regulation (EEC) No 2474/93 of 8 September 1993 imposing a definitive anti-dumping duty on imports into the Community of bicycles originating in the People's Republic of China and collecting definitively the provisional anti-dumping duty (OJ L 228, 9.9.1993, p. 1).