2002/606/EC: Commission Decision of 16 July 2002 granting certain parties an exemption from the extension to certain essential 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 Regulation (EC) No 1524/2000 and revoking the exemption from 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(2002) 2638)

Commission Decision
of 16 July 2002
granting certain parties an exemption from the extension to certain essential 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 Regulation (EC) No 1524/2000 and revoking the exemption from 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(2002) 2638)
(2002/606/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), as last amended by Regulation (EC) No 2238/2000(2),
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, and maintained by Regulation (EC) No 1524/2000, on bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China(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 and maintained by Council Regulation (EC) No 1524/2000(4), and in particular Article 7 thereof,
After consulting the Advisory Committee,
Whereas:
(1) After the entry into force of Regulation (EC) No 88/97 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 Communities 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 Regulation (EC) No 88/97.
(2) The Commission requested and received the necessary information from the parties listed in Article 1 of the present Decision and found each of their requests to be admissible pursuant to Article 4(1) of Regulation (EC) No 88/97. The information provided was examined and verified where necessary at the premises of the parties concerned.
(3) The facts as finally ascertained by the Commission show that the assembly operations of the applicants concerned do not fall within the scope of Article 13(2) of Regulation (EC) No 384/96. In particular, it was found that for all the applicants listed in Article 1 of the present Decision, 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.
(4) For the above reasons, and in accordance with Article 7(1) of Regulation (EC) No 88/97, the parties listed in Article 1 of the present Decision should be exempted from the extended anti-dumping duty. The parties concerned were informed accordingly and given an opportunity to comment.
(5) In accordance with Article 7(2) of Regulation (EC) No 88/97, the exemption of the parties listed in Article 1 of the present Decision from the extended anti-dumping duty should take effect from the date of receipt of their request, and their customs debt in respect of the extended anti-dumping duty is to be considered void as from that date.
(6) Some parties, listed in Article 2 of the present Decision, have ceased to exist or have stopped assembling bicycles. Consequently, the exemption for these parties should be revoked. The Commission informed the parties concerned, wherever possible, that it intended to revoke their exemption and gave them the opportunity to comment.
(7) Since the Commission did not receive any comments within the given deadline, the exemption for the parties concerned should be revoked.
(8) Following the adoption of the present Decision, an updated list of parties exempted pursuant to Article 7 of Regulation (EC) No 88/97 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 Communities in accordance with Article 16(2) of that Regulation,