CELEX: 32011D0304
Language: en
Date: 2011-05-23 00:00:00
Title: 2011/304/EU: Commission Decision of 23 May 2011 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, lifting the suspension and revoking the exemption 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 C(2011) 3543)

24.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 136/99
            
         COMMISSION DECISION
   of 23 May 2011
   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, lifting the suspension and revoking the exemption 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 C(2011) 3543)
   (2011/304/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 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 (2) (the ‘extending Regulation’), extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 (3) 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,
   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) (the ‘exemption Regulation’), and in particular Article 7 thereof,
   After consulting the Advisory Committee,
   Whereas:
   
               (1)
            
            
               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 (5) 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.
            
         
               (2)
            
            
               Following the last publication of the list of parties under examination (6), a main period of examination has been selected. This period was defined as from 1 January 2010 to 31 August 2010. Further information from the years 2008 and 2009 were also requested. A questionnaire was sent to all parties which were to be evaluated, requesting information on the assembly operations conducted during the relevant period of examination.
            
         
               (3)
            
            
               The Commission was also informed of the liquidation of two companies which were exempted from the extended anti-dumping duty on bicycle parts. Furthermore, a further company failed to comply with the conditions of the Commission Regulation (EC) No 88/97. For these companies the exemption will be revoked.
            
         A.   REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS PREVIOUSLY GRANTED
   
   A.1.   Acceptable requests for exemption
   
   
               (4)
            
            
               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 had already received their suspension with effect from the day of arrival of a first complete application dossier at the Commission’s premises. The newly requested and provided information 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 Regulation.
               
                  Table 1
               
               
                           Name
                        
                        
                           Address
                        
                        
                           Country
                        
                        
                           TARIC additional code
                        
                     
                           Sektor S.R.L.
                        
                        
                           Via Don Peruzzi 27/B, 36027 Rosa’ (VI)
                        
                        
                           Italy
                        
                        
                           A956
                        
                     
                           Sintema Sport S.R.L.
                        
                        
                           Via delle Valli 7, 20042 Albiate (MB) (postal code will change to 20847)
                        
                        
                           Italy
                        
                        
                           A970
                        
                     
                           Wilier Triestina S.P.A.
                        
                        
                           Via Fratel M. Venzo 11/1, 36028 Rossano Veneto (VI)
                        
                        
                           Italy
                        
                        
                           A963
                        
                     
         
               (5)
            
            
               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 Regulation.
            
         
               (6)
            
            
               For this reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempt from the extended anti-dumping duty.
            
         
               (7)
            
            
               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.
            
         
               (8)
            
            
               The company Sintema Sport S.R.L. informed the Commission that the postal code of the company will change in April 2011 from 20042 to 20847 due to the change of district of Albiate from Milan district to Monza district.
            
         A.2.   Unacceptable requests for exemption
   
   
               (9)
            
            
               The parties listed in table 2 below also submitted a request for exemption from the extended anti-dumping duty.
               
                  Table 2
               
               
                           Name
                        
                        
                           Address
                        
                        
                           Country
                        
                        
                           TARIC additional code
                        
                     
                           Bicicletas JL
                        
                        
                           C/Alhama No 64, 14900 Lucena
                        
                        
                           Spain
                        
                        
                           A982
                        
                     
                           Eddy Merckx Cycles N.V.
                        
                        
                           Birrebeekstraat 1, 1860 Meise
                        
                        
                           Belgium
                        
                        
                           A954
                        
                     
                           Euro-Bike Produktionsgesellschaft mbH
                        
                        
                           Biaser Strasse 29, 39261 Zerbst
                        
                        
                           Germany
                        
                        
                           A873
                        
                     
                           KHK Bike Handels GmbH
                        
                        
                           Industriestrasse 21a, 97483 Eltmann
                        
                        
                           Germany
                        
                        
                           A965
                        
                     
                           S.C. Rich Euro Bike S.R.L.
                        
                        
                           Bucuresti-Urziceni Route, no 54A, 077010 Afumati, Ilfov County
                        
                        
                           Romania
                        
                        
                           A895
                        
                     
                           Trade Invest spol. s r.o.
                        
                        
                           Tiskařská 10/257, 108 00 Praha 10
                        
                        
                           Czech Republic
                        
                        
                           A962
                        
                     
         
               (10)
            
            
               Two parties did not use bicycle parts subject to anti-dumping duty in their assembly operation during the examination period. One party informed the Commission that they do not need the exemption in the future. Two parties did not submit a questionnaire reply and claimed that they had not used bicycle parts subject to anti-dumping duty in their assembly operation. One party is in liquidation.
            
         
               (11)
            
            
               Since the parties listed in table 2 failed to meet the criteria for exemption, the Commission has to reject their request for exemption, in accordance with Article 7(3) of the exemption 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 extended anti-dumping duty must be collected as from the date of receipt of the request submitted by this party.
            
         A.3   Revocations
   
   
               (12)
            
            
               For the parties listed in table 3 below the exemption is to be revoked.
               
                  Table 3
               
               
                           Name
                        
                        
                           Address
                        
                        
                           Country
                        
                        
                           TARIC additional code
                        
                     
                           Biria Bike GmbH
                        
                        
                           Hauptstrasse 37, 01904 Neukirch/Lausitz
                        
                        
                           Germany
                        
                        
                           8062
                        
                     
                           Moore Large & Co.
                        
                        
                           Gramplan Buildings, Sinfin Lane, DE24 9GL Derby
                        
                        
                           United Kingdom
                        
                        
                           8963
                        
                     
                           N&W Cycle GmbH
                        
                        
                           Mühlenhof 5, 51598 Friesenhagen
                        
                        
                           Germany
                        
                        
                           A852
                        
                     
         
               (13)
            
            
               These parties were exempted from the extended anti-dumping duty on bicycle parts. The Commission was informed now that one of these parties has already been liquidated and one party is in liquidation. Evidence available to the Commission has shown that another company stopped its assembly operations and resold the imported parts to a not exempted party. Although those imports fall outside the scope of the exemption scheme, the company continued to declare those imports under it. Due to the fact that it has no own assembly operation, the company does not fulfil its obligations under Article 8 of the exemption Regulation, i.e. it does not ensure that its assembly operation remains outside the scope of Article 13(2) of Regulation (EC) No 1225/2009 and no conclusive records can be provided showing the use made of the deliveries received. Consequently, the exemption has to be revoked in accordance with Article 10 of the exemption Regulation.
            
         B.   REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS NOT PREVIOUSLY GRANTED
   
   
               (14)
            
            
               Interested parties are hereby informed of the receipt of further requests for exemption, pursuant to Article 3 of the exemption Regulation, from parties listed in table 3. The suspension from the extended duty, following these requests, should take effect as shown in the column headed ‘Date of effect’:
               
                  Table 4
               
               
                           Name
                        
                        
                           Address
                        
                        
                           Country
                        
                        
                           Date of effect
                        
                        
                           TARIC additional code
                        
                     
                           Bikeworks AC GmbH
                        
                        
                           Ernst-Abbe-Strasse 28, 52249 Eschweiler
                        
                        
                           Germany
                        
                        
                           11.6.2010
                        
                        
                           A980
                        
                     
                           Blue Factory Team S.L.
                        
                        
                           Elche Parque Industrial, C/Torres y Villarroel, 6, 03203 Elche
                        
                        
                           Spain
                        
                        
                           16.7.2010
                        
                        
                           A984
                        
                     
                           Code X Sp. z o.o.
                        
                        
                           Olszanka 109, 33-386 Podegrodzie (initially ul. Krolewska nr 16, 00-103 Warszawa)
                        
                        
                           Poland
                        
                        
                           22.1.2010
                        
                        
                           A966
                        
                     
                           JETLANE SAS (initially JET’LEAN)
                        
                        
                           4, boulevard de Mons, 59650 Villeneuve d’Ascq
                        
                        
                           France
                        
                        
                           18.2.2010
                        
                        
                           A968
                        
                     
                           Maxtec Ltd
                        
                        
                           1, Goliamokonarsko Shosse, 4204 Tsaratsovo, Plovdiv
                        
                        
                           Bulgaria
                        
                        
                           15.10.2010
                        
                        
                           A991
                        
                     
                           Metelli di Staffoni Mario & C.S.A.S.
                        
                        
                           Via Trento 68, 25030 Trenzano (BS)
                        
                        
                           Italy
                        
                        
                           13.4.2010
                        
                        
                           A979
                        
                     
                           Müller GmbH
                        
                        
                           Riedlerweg 7, 8054 Graz
                        
                        
                           Austria
                        
                        
                           30.3.2010
                        
                        
                           A978 (initially A977)
                        
                     
                           Unicykel AB
                        
                        
                           Aröds Industrieväg 14, 422 43 Hisings Backa
                        
                        
                           Sweden
                        
                        
                           11.1.2010
                        
                        
                           A967
                        
                     
         
               (15)
            
            
               The company Code X Sp. z o.o. received its suspension on 22 January 2010. In the meantime the company changed its legal seat from ul. Krolewska nr 16, 00-103 Warszawa to Olszanka 109, 33-386 Podegrodzie. This change of legal seat does not affect the initial request for suspension. The company JET’LEAN received its suspension on 18 February 2010. In the meantime the legal name of JET’LEAN was changed into JETLANE. This change of name does not affect the initial request for suspension. The company Müller GmbH received its suspension on 30 March 2010. The additional TARIC code A977 initially given to the company Müller GmbH was erroneously attributed twice and was withdrawn. As of 3 June 2010 the company Müller GmbH received the additional TARIC code A978. This change of code does not affect the initial request for suspension.
            
         
               (16)
            
            
               All companies listed in tables 1 – 4 above were informed and given the opportunity to comment. It was found that contrary to the original information at the Commission’s disposal company IMACycles Bicicletas e Motociclos Lda was not in fact in liquidation. Consequently, the exemption for that company will not be revoked and the name of the company was removed from table 3. None of the other comments received were such as to alter the conclusions set out in this Decision,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   The parties listed below in table 1 are hereby exempt from the extension to imports of certain bicycle parts from the People’s Republic of China by Council 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, last amended and maintained by Regulation (EC) No 1095/2005.
   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 exempt
   
   
               Name
            
            
               Address
            
            
               Country
            
            
               Exemption pursuant to Regulation (EC) No 88/97
            
            
               Date of effect
            
            
               TARIC additional code
            
         
               Sektor S.R.L.
            
            
               Via Don Peruzzi 27/B, 36027 Rosa’ (VI)
            
            
               Italy
            
            
               Article 7
            
            
               27.5.2009
            
            
               A956
            
         
               Sintema Sport S.R.L.
            
            
               Via delle Valli 7, 20042 Albiate (MB) (postal code will change to 20847)
            
            
               Italy
            
            
               Article 7
            
            
               22.2.2010
            
            
               A970
            
         
               Wilier Triestina S.P.A.
            
            
               Via Fratel M. Venzo 11/1, 36028 Rossano Veneto (VI)
            
            
               Italy
            
            
               Article 7
            
            
               3.11.2009
            
            
               A963
            
         Article 2
   The requests for exemption from the extended anti-dumping duty submitted pursuant to Article 3 of Regulation (EC) No 88/97 by the parties listed below in table 2 are 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 parties 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
            
         
               Bicicletas JL
            
            
               C/Alhama No 64, 14900 Lucena
            
            
               Spain
            
            
               Article 5
            
            
               5.7.2010
            
            
               A982
            
         
               Eddy Merckx Cycles N.V.
            
            
               Birrebeekstraat 1, 1860 Meise
            
            
               Belgium
            
            
               Article 5
            
            
               30.4.2009
            
            
               A954
            
         
               Euro-Bike Produktionsgesellschaft mbH
            
            
               Biaser Strasse 29, 39261 Zerbst
            
            
               Germany
            
            
               Article 5
            
            
               15.10.2007
            
            
               A873
            
         
               KHK Bike Handels GmbH
            
            
               Industriestrasse 21a, 97483 Eltmann
            
            
               Germany
            
            
               Article 5
            
            
               3.12.2009
            
            
               A965
            
         
               S.C. Rich Euro Bike S.R.L.
            
            
               Bucuresti-Urziceni Route, no 54A, 077010 Afumati, Ilfov County
            
            
               Romania
            
            
               Article 5
            
            
               10.7.2008
            
            
               A895
            
         
               Trade Invest spol. s r.o.
            
            
               Tiskařská 10/257, 108 00 Praha 10
            
            
               Czech Republic
            
            
               Article 5
            
            
               20.10.2009
            
            
               A962
            
         Article 3
   The exemptions from the payment of the extended anti-dumping duty pursuant to Article 7 of Regulation (EC) No 88/97 for the parties listed below in table 3 are to be revoked pursuant to Article 10 of the exemption Regulation.
   The exemption from the payment of the extended anti-dumping duty is hereby lifted for the parties concerned as from the relevant date shown in the column headed ‘Date of effect’.
   
      Table 3
   
   
      List of parties for which the exemption is to be lifted
   
   
               Name
            
            
               Address
            
            
               Country
            
            
               Exemption pursuant to Regulation (EC) No 88/97
            
            
               Date of effect
            
            
               TARIC additional code
            
         
               Biria Bike GmbH
            
            
               Hauptstrasse 37, 01904 Neukirch/Lausitz
            
            
               Germany
            
            
               Article 7
            
            
               1 day after publication of the present Decision
            
            
               8062
            
         
               Moore Large & Co.
            
            
               Gramplan Buildings, Sinfin Lane, DE24 9GL Derby
            
            
               United Kingdom
            
            
               Article 7
            
            
               1 day after publication of the present Decision
            
            
               8963
            
         
               N&W Cycle GmbH
            
            
               Mühlenhof 5, 51598 Friesenhagen
            
            
               Germany
            
            
               Article 7
            
            
               1 day after publication of the present Decision
            
            
               A852
            
         Article 4
   The parties listed in table 4 below constitute 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 4.
   
      Table 4
   
   
      List of parties under examination
   
   
               Name
            
            
               Address
            
            
               Country
            
            
               Suspension pursuant to Regulation (EC) No 88/97
            
            
               Date of effect
            
            
               TARIC additional code
            
         
               Bikeworks AC GmbH
            
            
               Ernst-Abbe-Strasse 28, 52249 Eschweiler
            
            
               Germany
            
            
               Article 5
            
            
               11.6.2010
            
            
               A980
            
         
               Blue Factory Team S.L.
            
            
               Elche Parque Industrial, C/Torres y Villarroel, 6, 03203 Elche
            
            
               Spain
            
            
               Article 5
            
            
               16.7.2010
            
            
               A984
            
         
               Code X Sp. z o.o.
            
            
               Olszanka 109, 33-386 Podegrodzie (initially ul Krolewska nr 16, 00-103 Warszawa)
            
            
               Poland
            
            
               Article 5
            
            
               22.1.2010
            
            
               A966
            
         
               JETLANE SAS (initially JET’LEAN)
            
            
               4, boulevard de Mons, 59650 Villeneuve d’Ascq
            
            
               France
            
            
               Article 5
            
            
               18.2.2010
            
            
               A968
            
         
               Maxtec Ltd
            
            
               1, Goliamokonarsko Shosse, 4204 Tsaratsovo, Plovdiv
            
            
               Bulgaria
            
            
               Article 5
            
            
               15.10.2010
            
            
               A991
            
         
               Metelli di Staffoni Mario & C.S.A.S.
            
            
               Via Trento 68, 25030 Trenzano (BS)
            
            
               Italy
            
            
               Article 5
            
            
               13.4.2010
            
            
               A979
            
         
               Müller GmbH
            
            
               Riedlerweg 7, 8054 Graz
            
            
               Austria
            
            
               Article 5
            
            
               30.3.2010
            
            
               A978 (initially A977)
            
         
               Unicykel AB
            
            
               Aröds Industrieväg 14, 422 43 Hisings Backa
            
            
               Sweden
            
            
               Article 5
            
            
               11.1.2010
            
            
               A967
            
         Article 5
   This Decision is addressed to the Member States and to the parties listed in Article 1, 2, 3 and 4. It is also published in the Official Journal of the European Union.
   
   
      Done at Brussels, 23 May 2011.
      
         
            For the Commission
         
         Karel DE GUCHT
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 343, 22.12.2009, p. 51.
   
      (2)  OJ L 16, 18.1.1997, p. 55.
   
      (3)  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).
   
      (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 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., OJ L 19, 23.1.2009, p. 62., OJ L 314, 1.12.2009, p. 106.
   
      (6)  OJ L 314, 1.12.2009, p. 106.