CELEX: 32004D0776
Language: en
Date: 2004-11-18 00:00:00
Title: 2004/776/EC: Commission Decision of 18 November 2004 granting certain parties an exemption from the extension to certain bicycle parts, by Council Regulation (EC) No 71/97, of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, and maintained by Council Regulation (EC) No 1524/2000, and lifting the suspension 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 number C(2004) 4383)

19.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 343/23
            
         COMMISSION DECISION
   of 18 November 2004
   granting certain parties an exemption from the extension to certain bicycle parts, by Council Regulation (EC) No 71/97, of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, and maintained by Council Regulation (EC) No 1524/2000, and lifting the suspension 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 number C(2004) 4383)
   (2004/776/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 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 of 10 January 1997 extending the definitive anti-dumping duty imposed by Council 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), maintained by Council Regulation (EC) No 1524/2000 (3) (the extending Regulation),
   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), maintained by Regulation (EC) No 1524/2000, 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 of 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 of the European Union successive lists of applicants (5) for which 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)
            
            
               The Commission requested and received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. The information provided 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
                        
                     
                           VIVI’ Bikes SRL
                        
                        
                           Via Brescia 1, I-26010 Pozzaglio ed Uniti
                        
                        
                           Italy
                        
                        
                           A428
                        
                     
                           Star Due SRL
                        
                        
                           Via De Gasperi 55, I-31010 Coste di Maser
                        
                        
                           Italy
                        
                        
                           A432
                        
                     
                           Motomur SL
                        
                        
                           Ctra Mazarrón, Km.2, E-30120 El Palmar, Murcia
                        
                        
                           Spain
                        
                        
                           A436
                        
                     
                           Star Ciclo, Montagem Comercializaçaõ de Bicicletas Lda
                        
                        
                           Vale do Grou, Aguada de Cima, P-3750-064 Águeda
                        
                        
                           Portugal
                        
                        
                           A445
                        
                     
                           United Bicycles NV
                        
                        
                           Oude Bunders 2030, B-3630 Maasmechelen
                        
                        
                           Belgium
                        
                        
                           A467
                        
                     
                           Sachs Fahrzeug- und Motorentechnik GmbH
                        
                        
                           Nopitschstraße 70, D-90441 Nürnberg
                        
                        
                           Germany
                        
                        
                           A485
                        
                     
                           AGECE, Montagem e Comércio de Bicicletas SA
                        
                        
                           Zona Industriale Barrô, Apartado N. 514, P-3754-909 Águeda
                        
                        
                           Portugal
                        
                        
                           A466
                        
                     
                           Heinz Kettler GmbH & Co. KG
                        
                        
                           
                                       Postfach 1020, D-59463 Ense Parsit,
                                    
                                 
                                       Hauptstraße 28, D-59469 Ense Parsit
                                    
                                 
                        
                           Germany
                        
                        
                           A469
                        
                     
                           Open Space SRL
                        
                        
                           Via Guido Rossa 18/A, I-35020 Roncaglia de Ponte San Nicolo
                        
                        
                           Italy
                        
                        
                           A486
                        
                     
                           IMACycles, Acessoriórios para Bicicletas e Motociclos Lda
                        
                        
                           ZI Oiã, Apartado 117, P-3770-059 Oliveira do Bairro
                        
                        
                           Portugal
                        
                        
                           A487
                        
                     
                           Bicicletas de Castilla y León SL
                        
                        
                           Barrio Gimeno 5, E-09001 Burgos
                        
                        
                           Spain
                        
                        
                           A500
                        
                     
                           Giubilato Cicli SRL
                        
                        
                           Via Gaidon 3, I-36067 S. Giuseppe di Cassola
                        
                        
                           Italy
                        
                        
                           8604
                        
                     
         
               (3)
            
            
               The facts as finally ascertained by the Commission show that for all 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.
            
         
               (4)
            
            
               For the above reasons, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempted from the extended anti-dumping duty.
            
         
               (5)
            
            
               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.
            
         
               (6)
            
            
               The parties listed in table 2 below also submitted requests for exemption from the extended anti-dumping duty.
               TABLE 2
               
                           Name
                        
                        
                           City
                        
                        
                           Country
                        
                        
                           TARIC additional code
                        
                     
                           Principia A/S
                        
                        
                           Fr. Raschsvej 15, DK-9400 Nørresundby
                        
                        
                           Denmark
                        
                        
                           A443
                        
                     
                           Reece Cycles plc
                        
                        
                           100 Alcester Street, Digbeth, Birmingham B12 0QB, United Kingdom
                        
                        
                           United Kingdom
                        
                        
                           A385
                        
                     With regard to these requests, it should be noted that:
               
                           (a)
                        
                        
                           one party withdrew its request for exemption;
                        
                     
                           (b)
                        
                        
                           another party does not use the bicycle parts for the production or the assembly or completion of bicycles.
                        
                     
         
               (7)
            
            
               Since the parties listed in table 2 failed to meet the criteria for exemption set by Article 4 of the exemption Regulation, the Commission has to reject their requests for exemption, in accordance with Article 7(3) of the 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 requests submitted by these parties.
            
         
               (8)
            
            
               Following the adoption of this Decision, an updated list of parties exempted pursuant to Article 7 of the exemption Regulation and of parties whose requests pursuant to Article 3 of that Regulation are under examination should be published in the C series of the Official Journal of the European Union in accordance with Article 16(2) of that Regulation,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   The parties listed below in table 1 are hereby exempted from the extension to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 of the definitive anti-dumping duty imposed on bicycles originating in the People’s Republic of China by Regulation (EEC) No 2474/93, and as maintained by Regulation (EC) No 1524/2000.
   The exemptions 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 exempted
   
               Name
            
            
               Address
            
            
               Country
            
            
               Exemption pursuant to Regulation (EC) No 88/97
            
            
               Date of effect
            
            
               TARIC additional code
            
         
               VIVI’ Bikes SRL
            
            
               Via Brescia 1, I-26010 Pozzaglio ed Uniti
            
            
               Italy
            
            
               Article 7
            
            
               22.1.2003
            
            
               A428
            
         
               Star Due SRL
            
            
               Via De Gasperi 55, I-31010 Coste di Maser
            
            
               Italy
            
            
               Article 7
            
            
               31.1.2003
            
            
               A432
            
         
               Motomur SL
            
            
               Ctra Mazarrón, Km.2, E-30120 El Palmar, Murcia
            
            
               Spain
            
            
               Article 7
            
            
               11.2.2003
            
            
               A436
            
         
               Star Ciclo, Montagem Comercializaçaõ de Bicicletas Lda
            
            
               Vale do Grou, Aguada de Cima, P-3750-064 Águeda
            
            
               Portugal
            
            
               Article 7
            
            
               13.5.2003
            
            
               A445
            
         
               United Bicycles NV
            
            
               Oude Bunders 2030, B-3630 Maasmechelen
            
            
               Belgium
            
            
               Article 7
            
            
               21.5.2003
            
            
               A467
            
         
               Sachs Fahrzeug- und Motorentechnik GmbH
            
            
               Nopitschstraße 70, D-90441 Nürnberg
            
            
               Germany
            
            
               Article 7
            
            
               4.6.2003
            
            
               A485
            
         
               AGECE, Montagem e Comércio de Bicicletas SA
            
            
               Zona Industriale Barrô, Apartado N. 514, P-3754-909 Águeda
            
            
               Portugal
            
            
               Article 7
            
            
               10.6.2003
            
            
               A466
            
         
               Heinz Kettler GmbH & Co. KG
            
            
               
                           Postfach 1020, D-59463 Ense Parsit,
                        
                     
                           Hauptstraße 28, D-59469 Ense Parsit
                        
                     
            
               Germany
            
            
               Article 7
            
            
               20.6.2003
            
            
               A469
            
         
               Open Space SRL
            
            
               Via Guido Rossa 18/A, I-35020 Roncaglia de Ponte San Nicolo
            
            
               Italy
            
            
               Article 7
            
            
               12.9.2003
            
            
               A486
            
         
               IMACycles, Acessoriórios para Bicicletas e Motociclos Lda
            
            
               Z.I. Oiã, Apartado 117, P-3770-059 Oliveira do Bairro
            
            
               Portugal
            
            
               Article 7
            
            
               25.9.2003
            
            
               A487
            
         
               Bicicletas de Castilla y León SL
            
            
               Barrio Gimeno 5, E-09001 Burgos
            
            
               Spain
            
            
               Article 7
            
            
               9.10.2003
            
            
               A500
            
         
               Giubilato Cicli SRL
            
            
               Via Gaidon 3, I-36067 S. Giuseppe di Cassola
            
            
               Italy
            
            
               Article 7
            
            
               27.11.2003
            
            
               8604
            
         Article 2
   The requests for exemption from the extended anti-dumping duty made in accordance with 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
            
            
               City
            
            
               Country
            
            
               Suspension pursuant to Regulation (EC) No 88/97
            
            
               Date of effect
            
            
               TARIC additional code
            
         
               Principia A/S
            
            
               Fr. Raschsvej 15, DK-9400 Nørresundby
            
            
               Denmark
            
            
               Article 5
            
            
               9.4.2003
            
            
               A443
            
         
               Reece Cycles plc
            
            
               100 Alcester Street, Digbeth, Birmingham B12 0QB, United Kingdom
            
            
               United Kingdom
            
            
               Article 5
            
            
               10.10.2003
            
            
               A385
            
         Article 3
   This Decision is addressed to the Member States and to the parties listed in Article 1 and 2.
   
      Done at Brussels, 18 November 2004.
      
         
            For the Commission
         
         Pascal LAMY
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).
   
      (2)  OJ L 16, 18.1.1997, p. 55.
   
      (3)  OJ L 175, 14.7.2000, p. 39.
   
      (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 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 43, 22.2.2003, p. 5 and OJ C 54, 2.3.2004 p. 3.