CELEX: 32020D0588
Language: en
Date: 2020-04-22 00:00:00
Title: Commission Implementing Decision (EU) 2020/588 of 22 April 2020 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97 (notified under document C(2020) 2382)

30.4.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 138/8
               
            
         COMMISSION IMPLEMENTING DECISION (EU) 2020/588
         of 22 April 2020
         concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97
         
            
               (notified under document C(2020) 2382)
            
         
         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 Implementing Regulation (EU) 2020/45 of 20 January 2020 amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97 (3),
         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 (4), and in particular Articles 4 to 7 thereof,
         After informing the Member States,
         Whereas:
         
                     (1)
                  
                  
                     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 of the anti-dumping duty imposed on imports of bicycles originating in China by Regulation (EC) No 71/97.
                  
               
                     (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 that 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 (EU) 2019/1087 (6) concerning exemptions under Regulation (EC) No 88/97 was adopted on 19 June 2019.
                  
               
                     (7)
                  
                  
                     For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 apply.
                  
               1.   REQUESTS FOR EXEMPTION
         
         
                     (8)
                  
                  
                     Between 19 December 2016 and 17 October 2019, the Commission received from the parties listed in Tables 1 and 3 requests for exemption with the information required to determine whether these requests were admissible in accordance with Article 4(1) of Regulation (EC) No 88/97.
                  
               
                     (9)
                  
                  
                     The parties requesting exemption were given an opportunity to comment on the Commission’s conclusions concerning the admissibility of their requests.
                  
               
                     (10)
                  
                  
                     In accordance with Article 5(1) of Regulation (EC) No 88/97, pending a decision on the merits of requests from the parties requesting exemption, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties listed in Tables 1 and 3 below was suspended as from the day on which the Commission received their respective requests.
                  
               2.   AUTHORISATION Of EXEMPTION
         
         
                     (11)
                  
                  
                     The examination of the merits of the requests from the parties listed in Table 1 has been concluded.
                     
                        Table 1
                     
                     
                                 TARIC additional code
                              
                              
                                 Name
                              
                              
                                 Address
                              
                           
                                 C307
                              
                              
                                 Merida Polska Sp. Z o.o.
                              
                              
                                 ul. Marii Skłodowskiej-Curie 35,
                                 PL-41-800 Zabrze, Poland
                              
                           
                                 C311
                              
                              
                                 Juan Luna Cabrera
                              
                              
                                 Calle Alhama 64,
                                 ES-14900 Lucena (Cordoba), Spain
                              
                           
               
                     (12)
                  
                  
                     The Commission established during its 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 both parties. This was also the case for the majority of the assembled bicycles by both parties.
                  
               
                     (13)
                  
                  
                     Consequently, the Commission concluded that the respective assembly operations of Merida Polska Sp. Z o.o. and of Juan Luna Cabrera fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.
                  
               
                     (14)
                  
                  
                     For that reason, and in accordance with Article 7(1) of Regulation (EC) No 88/97, the parties listed in Table 1 fulfil the conditions for exemption from the extended duty.
                  
               
                     (15)
                  
                  
                     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 exemption should therefore be considered void from the same date.
                  
               
                     (16)
                  
                  
                     The parties were informed of the Commission’s conclusions on the merits of their requests and were given an opportunity to comment thereon.
                  
               
                     (17)
                  
                  
                     Since the exemptions apply only to the parties specifically referred to in Table 1, 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).
                  
               
                     (18)
                  
                  
                     In case of change in reference, the exempted parties 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 accordingly.
                  
               3.   UPDATE OF REFERENCES TO EXEMPTED OR SUSPENDED PARTIES
         
         
                     (19)
                  
                  
                     The exempted or suspended parties listed in Table 2 notified the Commission, between 2 May 2019 and 20 February 2020, of changes in their references (names, legal forms and addresses). The Commission, after having examined the information submitted, concluded that those changes do not affect the assembly operations with regard to the conditions of exemption or suspension set forth in Regulation (EC) No 88/97.
                  
               
                     (20)
                  
                  
                     While the exemption or the suspension of these parties from the extended duty authorised in accordance with Article 7(1) of Regulation (EC) No 88/97 remains unaffected, the references to these parties should be updated.
                     
                        Table 2
                     
                     
                                 TARIC additional code
                              
                              
                                 Former reference
                              
                              
                                 Change
                              
                           
                                 A163
                              
                              
                                 Speedcross di Torretta Luigi & C. s.n.c.
                                 Corso Italia 20,
                                 IT-20020 Vanzaghello (MI), Italy
                              
                              
                                 The name and legal form of the company have been changed to:
                                 Speedcross s.r.l.
                              
                           
                                 A557
                              
                              
                                 Jozef Kender-Kenzel
                                 Piesková 437/9A,
                                 946 52 Imel, Slovakia
                              
                              
                                 The name, legal form and address of the company have been changed to:
                                 KENZEL s.r.o.
                                 Novozámocká 182, 94701 Hurbanovo, Slovakia
                              
                           
                                 8612
                              
                              
                                 Tecno Bike S.r.l.
                                 Via del Lavoro 22,
                                 IT-61030 Canavaccio, Urbino (PS), Italy
                              
                              
                                 The address of the company has been changed to:
                                 Via del Lavoro 22,
                                 IT-61029 Canavaccio di Urbino (PU), Italy
                              
                           
                                 8979
                              
                              
                                 W.S.B. Hi-Tech Bicycle Europe B.V.
                                 De Hemmen 91, NL-9206AG Drachten, The Netherlands
                              
                              
                                 The address of the company has been changed to:
                                 De Roef 15, NL-9206AK Drachten, The Netherlands
                              
                           
               4.   SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION
         
         
                     (21)
                  
                  
                     The examination of the merits of the requests from the parties listed in Table 3 is ongoing. Pending a decision on the merits of their requests, the payment of the extended duty by these parties is suspended.
                  
               
                     (22)
                  
                  
                     Since the suspensions apply only to the parties specifically referred to in Table 3, these parties should notify the Commission (8) 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).
                  
               
                     (23)
                  
                  
                     In case of change in reference, 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
                              
                           
                                 C202
                              
                              
                                 Vanmoof B.V.
                              
                              
                                 Mauritskade 55,
                                 NL-1092 AD Amsterdam, The Netherlands
                              
                           
                                 C207
                              
                              
                                 Kenstone Metal Company GmbH
                              
                              
                                 Am Maikamp 8-12,
                                 DE-32107 Bad Salzuflen, Germany
                              
                           
                                 C481
                              
                              
                                 FJ Bikes Europe Unipessoal, Lda
                              
                              
                                 Praça do Município 8, Sala 1D,
                                 PT-3750 111 Águeda, Portugal
                              
                           
                                 C492
                              
                              
                                 MOTOKIT Veiculos e Accesórios S.A.
                              
                              
                                 Rua Padre Vicente Maria da Rocha 448, 1° Esq., PT-3840-453 Vagos, Portugal
                              
                           
                                 C499
                              
                              
                                 Frog Bikes Manufacturing Ltd
                              
                              
                                 Unit A, Mamhilad Park Estate,
                                 GB-Pontypool, Torfaen, NP4 0HZ, United Kingdom
                              
                           
                                 C527
                              
                              
                                 FIRMA ADAM Adam Ziętek
                              
                              
                                 Muchy 56
                                 PL-63-524 Czajków, Poland
                              
                           
                                 C529
                              
                              
                                 Rowerland Piotr Tokarz
                              
                              
                                 ul. Klubowa 23,
                                 PL-32-600 Broszkowice, Poland
                              
                           
               5.   SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION LIFTED
         
         
                     (24)
                  
                  
                     The suspension of payment of the duties for the parties under examination should be lifted for the party listed in Table 4.
                     
                        Table 4
                     
                     
                                 TARIC additional code
                              
                              
                                 Name
                              
                              
                                 Address
                              
                           
                                 C489
                              
                              
                                 P.P.H. ARTPOL Artur Kopeć
                              
                              
                                 ul. Aniołowska 14,
                                 PL-42-202 Częstochowa, Poland
                              
                           
               
                     (25)
                  
                  
                     On 3 July 2019 the Commission received from that party 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.
                  
               
                     (26)
                  
                  
                     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 that party, namely the date on which the suspension took effect, that is 25 October 2018.
                  
               
                     (27)
                  
                  
                     The party was informed of the Commission’s conclusions and was given an opportunity to comment thereon. No comments were submitted.
                  
               6.   AUTHORISATION OF EXEMPTION REVOKED
         
         
                     (28)
                  
                  
                     The exempted parties listed in Table 5 notified the Commission, between 30 June 2019 and 3 February 2020, of the following: closing down of its activities (Bicicletas Monty S.A.), and the renunciation of the exemption from the payment of extended duty (Gor Kolesa, proizvodnja koles, d.o.o).
                  
               
                     (29)
                  
                  
                     Consequently, in accordance with the principle of good administration, the authorisation of exemption from the payment of the extended duty for both exempted parties listed in Table 5 should be revoked,
                     
                        Table 5
                     
                     
                                 TARIC additional code
                              
                              
                                 Name
                              
                              
                                 Address
                              
                           
                                 A165
                              
                              
                                 Bicicletas Monty S.A.
                              
                              
                                 Calle El Plà 106,
                                 ES-08980 Sant Feliu de Llobregat, Spain
                              
                           
                                 C209
                              
                              
                                 Gor Kolesa, proizvodnja koles, d.o.o.
                              
                              
                                 Primorska cesta 6b,
                                 SI-3325 Šoštanj, Slovenia
                              
                           
               HAS ADOPTED THIS DECISION:
         
            Article 1
            The parties listed in the Table in this Article 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 (9) 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. Those dates are provided for in the Table column headed ‘Date of effect’.
            The exemptions shall apply only to the parties specifically referred to in the Table in this Article.
            The exempted parties shall notify the Commission without delay of any change to their names and addresses, 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.
            
               Exempted parties
            
            
                        TARIC additional code
                     
                     
                        Name
                     
                     
                        Address
                     
                     
                        Date of effect
                     
                  
                        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 2
            Updated references to the exempted or suspended parties listed in the Table in this Article are provided for in the column headed ‘New reference’. Those updates shall take effect as from the dates provided for in the Table column headed ‘Date of effect’.
            The corresponding TARIC additional codes previously attributed to those exempted or suspended parties as provided for in the Table column headed ‘TARIC additional code’ remain unchanged.
            
               Exempted/suspended parties for which the reference shall be updateds
            
            
                        TARIC additional code
                     
                     
                        Former reference
                     
                     
                        New reference
                     
                     
                        Date of effect
                     
                  
                        A163
                     
                     
                        Speedcross di Torretta Luigi & C. s.n.c.
                        Corso Italia 20,
                        IT -20020 Vanzaghello (MI), Italy
                     
                     
                        Speedcross s.r.l.
                        Corso Italia 20,
                        IT -20020 Vanzaghello (MI), Italy
                     
                     
                        2.5.2019
                     
                  
                        A557
                     
                     
                        Jozef Kender-Kenzel
                        Piesková 437/9A,
                        946 52 Imel, Slovakia
                     
                     
                        KENZEL s.r.o.
                        Novozámocká 182,
                        947 01 Hurbanovo, Slovakia
                     
                     
                        1.6.2019
                     
                  
                        8612
                     
                     
                        Tecno Bike S.r.l.
                        Via del Lavoro 22,
                        IT-61030 Canavaccio, Urbino (PS), Italy
                     
                     
                        Tecno Bike S.r.l.
                        Via del Lavoro 22,
                        IT-61029 Canavaccio di Urbino (PU), Italy
                     
                     
                        20.2.2020
                     
                  
                        8979
                     
                     
                        W.S.B. Hi-Tech Bicycle Europe B.V.
                        De Hemmen 91, NL-9206AG Drachten, The Netherlands
                     
                     
                        W.S.B. Hi-Tech Bicycle Europe B.V.
                        De Roef 15, NL-9206AK Drachten, The Netherlands
                     
                     
                        12.3.2020
                     
                  
         
            Article 3
            The parties listed in the Table in this Article 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 the parties’ respective supension requests. Those dates are provided for in the Table column headed ‘Date of effect’.
            Those suspensions of payments shall apply only to the parties under examination specifically referred to in the Table in this Article.
            The parties under examination shall notify the Commission without delay of any changes in their assembly operations linked to the conditions of suspension and provide the Commission with all relevant information as evidence. These changes include but are not limited to, any changes of the parties’ names, activities, legal forms, addresses.
            
               Parties under examination
            
            
                        TARIC additional code
                     
                     
                        Name
                     
                     
                        Address
                     
                     
                        Date of effect
                     
                  
                        C202
                     
                     
                        Vanmoof B.V.
                     
                     
                        Mauritskade 55,
                        NL-1092 AD Amsterdam, the Netherlands
                     
                     
                        19.12.2016
                     
                  
                        C207
                     
                     
                        Kenstone Metal Company GmbH
                     
                     
                        Am Maikamp 8-12,
                        DE-32107 Bad Salzuflen, Germany
                     
                     
                        20.3.2017
                     
                  
                        C481
                     
                     
                        FJ Bikes Europe Unipessoal, Lda
                     
                     
                        Praça do Município 8, Sala 1D,
                        PT-3750 111 Águeda, Portugal
                     
                     
                        8.5.2018
                     
                  
                        C492
                     
                     
                        MOTOKIT Veiculos e Accesórios S.A.
                     
                     
                        Rua Padre Vicente Maria da Rocha 448, 1° Esq., PT-3840-453 Vagos, Portugal
                     
                     
                        29.11.2018
                     
                  
                        C499
                     
                     
                        Frog Bikes Manufacturing Ltd
                     
                     
                        Unit A, Mamhilad Park Estate,
                        GB-Pontypool, Torfaen, NP4 0HZ, United Kingdom
                     
                     
                        7.1.2019
                     
                  
                        C527
                     
                     
                        FIRMA ADAM Adam Ziętek
                     
                     
                        Muchy 56,
                        PL-63-524 Czajków, Poland
                     
                     
                        29.8.2019
                     
                  
                        C529
                     
                     
                        Rowerland Piotr Tokarz
                     
                     
                        ul. Klubowa 23,
                        PL-32-600 Broszkowice, Poland
                     
                     
                        17.10.2019
                     
                  
         
            Article 4
            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 parties listed in the Table in this Article.
            The extended duty should be collected as from the date on which the suspension took effect. That date is provided for in the Table column headed ‘Date of effect’.
            
               Party for which the suspension is lifted
            
            
                        TARIC additional code
                     
                     
                        Name
                     
                     
                        Address
                     
                     
                        Date of effect
                     
                  
                        C489
                     
                     
                        P.P.H. ARTPOL Artur Kopeć
                     
                     
                        ul. Aniołowska 14,
                        PL-42-202 Częstochowa, Poland
                     
                     
                        25.10.2018
                     
                  
         
            Article 5
            The authorisation of the exemption of payment of the extended anti-dumping duty is hereby revoked for the parties listed in the Table in this Article.
            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 Table column headed ‘Date of effect’.
            
               Parties for which the exemption is revoked
            
            
                        TARIC additional code
                     
                     
                        Name
                     
                     
                        Address
                     
                     
                        Date of effect
                     
                  
                        A165
                     
                     
                        Bicicletas Monty S.A.
                     
                     
                        Calle El Plà 106,
                        ES-08980 Sant Feliu de Llobregat, Spain
                     
                     
                        30.6.2019
                     
                  
                        C209
                     
                     
                        Gor Kolesa, proizvodnja koles, d.o.o.
                     
                     
                        Primorska cesta 6b,
                        SI-3325 Šoštanj, Slovenia
                     
                     
                        3.2.2020
                     
                  
         
            Article 6
            This Decision is addressed to the Member States and to the parties listed in Articles 1 to 5 and published in the Official Journal of the European Union.
         
         
            Done at Brussels, 22 April 2020.
            
               
                  For the Commission
               
               Phil HOGAN
               
                  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 16, 21.1.2020, p. 7.
         
            (4)  OJ L 17, 21.1.1997, 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, OJ L 79, 22.3.2018, p. 31, OJ L 171, 26.6.2019, p. 117.
         
            (6)  Commission Implementing Decision (EU) 2019/1087 of 19 June 2019 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97 (OJ L 171, 26.6.2019, p. 117).
         
            (7)  The parties are advised to use the following email address: TRADE-BICYCLE-PARTS@ec.europa.eu
         
            (8)  The parties are advised to use the following email address: TRADE-BICYCLE-PARTS@ec.europa.eu
         
            (9)  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).