CELEX: 32022R0057
Language: en
Date: 2022-01-14 00:00:00
Title: Commission Implementing Regulation (EU) 2022/57 of 14 January 2022 amending Implementing Regulation (EU) 2019/1379 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036

17.1.2022   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 10/15
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2022/57
         of 14 January 2022
         amending Implementing Regulation (EU) 2019/1379 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036
         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 14(1) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Imports of bicycles originating in the People’s Republic of China are subject to definitive anti-dumping duties imposed by Commission Implementing Regulation (EU) 2019/1379 (2).
                  
               
                     (2)
                  
                  
                     Oyama Bicycles (Taicang) Co., Ltd (‘Oyama’), TARIC (3) additional code B773, a company subject to an individual anti-dumping duty rate of 0 %, informed the Commission that following its business development’s needs, it had changed its name to Oyama Technology (Jiangsu) Co., Ltd and added an additional business scope for ‘Research and development of motor and its control system’. The company, following the change of its name (4), requested on 23 November 2020 the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual anti-dumping duty rate applied to it under its previous name.
                  
               
                     (3)
                  
                  
                     The Commission examined the information on file and concluded that the change of name was properly registered on 3 November 2020 with the relevant authorities (the Taicang City Market Supervision & Administration Bureau) and did not result in any new relationship with other groups of companies, which were not investigated by the Commission. Accordingly, this change of name does not affect the findings of Implementing Regulation (EU) 2019/1379 and in particular the anti-dumping duty rate applicable to it.
                  
               
                     (4)
                  
                  
                     Given the considerations in the above recital, the Commission considered it appropriate to amend Implementing Regulation (EU) 2019/1379 to reflect the changed name of the company previously attributed to additional TARIC code B773 and that the name change should take effect as of the date of registration, 3 November 2020.
                  
               
                     (5)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            
               1.   Article 1(2) of Implementing Regulation (EU) 2019/1379 is amended as follows:
               
                           ‘Oyama Bicycles (Taicang) Co. Ltd’
                        
                        
                           B773
                        
                     is replaced by
               
                           ‘Oyama Technology (Jiangsu) Co., Ltd’
                        
                        
                           B773
                        
                     
            
               2.   TARIC additional code B773 previously attributed to Oyama Bicycles (Taicang) Co. Ltd shall apply to Oyama Technology (Jiangsu) Co., Ltd as of 3 November 2020.
            
            
               3.   Any definitive duty on imports of products manufactured by Oyama Technology (Jiangsu) Co., Ltd in excess of the anti-dumping duty established in Article 1(2) of Implementing Regulation (EU) 2019/1379 as regards Oyama Bicycles (Taicang) Co. Ltd shall be repaid or remitted in accordance with the applicable customs legislation.
            
         
         
            Article 2
            This Regulation shall enter into force on the day following that of 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, 14 January 2022.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 176, 30.6.2016, p. 21.
         
            (2)  Commission Implementing Regulation (EU) 2019/1379 of 28 August 2019 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 225, 29.8.2019, p. 1).
         
            (3)  The Integrated Tariff of the European Union.
         
            (4)  Amendment Registration Approval Notice by the Taicang City Market Supervision & Administration Bureau, Foreign Investment Company Change Registration No 11030002 of 3 November 2020.