COMMISSION IMPLEMENTING DECISION
of 16 April 2014
concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97
(notified under document C(2014) 2474)
(2014/223/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), 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 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 (3), and in particular Articles 4, 5, 7 and 10 thereof,
After informing the Member States,
Whereas:
(1)
After the entry into force of Regulation (EC) No 88/97 (‘the exemption Regulation’), a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty extended to imports of certain bicycle parts from the People's Republic of China (‘the PRC’) by Regulation (EC) No 71/97 (‘the extending Regulation’) (‘the extended duty’). The most recent Commission Decision concerning exemptions from the extended duty pursuant to exemption Regulation was adopted on 19 December 2011 (4).
(2)
The Commission has published in the Official Journal of the European Union 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. Furthermore, lists of newly exempted bicycle assemblers and lists of revoked exemptions were published.
1. AUTHORISATION OF EXEMPTION
(3)
The Commission received from the party set out in table 1 all the information required for the determination of the admissibility of its request. Based on that information, the Commission found that the request was admissible pursuant to Article 4(1) of the exemption Regulation. Pursuant to Article 5(1) of the same Regulation, that party has received the suspension as from the day on which the Commission received its request.
Table 1
Name
Address
Country
TARIC additional code
Ets Th Brasseur SA
Rue des Steppes 13, 4000 Liège
Belgium
B294
(4)
The Commission established during the examination that the value of the parts originating in the PRC used in this party's assembly operations constituted less than 60 % of the total value of the parts used in those operations. Consequently, they fall outside the scope of Article 13(2) of Regulation (EC) No 1225/2009.
(5)
For that reason, and in accordance with Article 7(1) of the exemption Regulation, that party should be exempted from the extended duty.
In accordance with Article 7(2), the exemption should take effect as from the date of receipt of its request and, in addition, its customs debt in respect of the extended duty should be considered void from the same date.
(6)
Since the exemption will apply only to the party specifically referred to in table 1 with its name and address, it is necessary that exempted party notifies the Commission (6) forthwith, 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). In such case, it is necessary that the party provides all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to this party.
2. SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMIMATION
(7)
The Commission received from the parties under examination listed in table 2 all the information required for the prima facie determination of the admissibility of their requests for exemption. Based on that information, the Commission found that the requests were admissible pursuant to Article 4(1) of the exemption Regulation.
(8)
Pending a decision on the merits of requests from the parties under examination listed in table 2, payments of extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties should be suspended pursuant to Article 5 of the exemption Regulation.
(9)
Since the suspension will apply only to the parties specifically referred to in table 2 with their names and addresses, it is necessary that the parties notify the Commission (7) forthwith, 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). In such case, it is necessary that the party provides all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to this party.
Table 2
Name
Address
Country
TARIC additional code
c2g-engineering GmbH
Schlesische Straße 27, 10997 Berlin
Germany
B934
Solo International Oy
Pyyntitie 1 B, 02230 Espoo
Finland
B940
Planet X Ltd
Unit 6, Ignite Business Park, Magna Way, Rotherham S60 1FD
UK
A995
S.C EUROBIKE UNIVERSAL S.R.L.,
Street Asociatiei No 4, Movilita, Ialomita
Romania
B941
Longway Poland Sp. z o.o.
ul. Rajdowa 3a, Konotopa, 05-850 Ożarów Mazowiecki
Poland
B935
BBF Bike GmbH
Carena Allee 8, 15366 Hoppegarten
Germany
B936
3. REJECTION OF REQUEST FOR EXEMPTION AND LIFTING RELATED SUSPENSION
(10)
The party set out in table 3 submitted a request for exemption from the extended anti-dumping duty. The payments of the customs debt in respect of the extended duty pursuant to Article 2(1) of the extending Regulation have been suspended pursuant to Article 5 of the exemption Regulation in respect of any imports of essential bicycle parts declared for free circulation by this party as from the day on which the Commission received its request.
Table 3
Name
Address
Country
TARIC additional code
IBEROSELLE, LDA
Vale Domingos 3750 - 321 Águeda
Portugal
B292
(11)
This party limited its assembly operations to minor quantities and continues to import bicycle parts from the PRC only in quantities below the threshold of 300 units per type on a monthly basis. Therefore, this party has withdrawn its request for an exemption from the anti-dumping duty on bicycle parts.
(12)
On these grounds and pursuant to with Article 7(3) of the exemption Regulation, the Commission has to reject this party's request and lift the suspension of the payment of the extended duty laid down in Article 5 of the exemption Regulation. Consequently, the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, that is the date on which the suspension took effect.
(13)
What is said in the preceding recital does not exclude the application of an exemption subject to end-use control in accordance with Article 14 of the exemption Regulation.
4. REVOCATION OF EXEMPTION
(14)
For the party set out in table 4 the exemption should be revoked.
Table 4
Name
Address
Country
TARIC additional code
Borge Kildemoes Cykelfabrik A/S
Albanivej 7, Nr. Lyndelse, 5792 Arslev
Denmark
A166
(15)
This party was exempted from the extended anti-dumping duty on bicycle parts. The party informed the Commission services that it had ended its assembly operations. For the sake of clarity, the exemption should therefore be revoked.
5. UPDATE OF REFERENCES TO CERTAIN EXEMPTED PARTIES
(16)
The exempted parties listed in table 5 came forward and informed the Commission that their name, legal form or address has changed. The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in the exemption Regulation.
(17)
While the exemptions of those parties from the extended duty authorised pursuant to Article 7(1) of the exemption Regulation remain unaffected, the references to those parties should be updated.
Table 5
Former reference
Change
TARIC additional code
Cannondale Europe BV
Hanzepoort 27,
NL-7575 DB Oldenzaal
The name has been changed to ‘Cycling Sports Group Europe B.V.’
A686
4Ever s.r.o.
2. Května 267,
CZ-742 13 Studénka
The address has been changed to ‘Moravská 842, 742 13 Studénka, Czech Republic’
A558
Canyon Bicycles GmbH
Koblenzer Strasse 236,
DE-56073 Koblenz
The address has been changed to ‘Karl-Tesche-Str. 12, 56073 Koblenz, Germany’
A856
Kellys Bicycles
sro Krajinská 1
SK-92101 Piešt'any
The address has been changed to ‘Slnečná cesta 374, 922 01 Veľké Orvište, Slovak Republic’
A551
Madirom PROD SRL
Bd. Liviu Rebreanu nr. 130
RO-300748 Timișoara, Timiș
The name and address has been changed to ‘S.C. Madirom Prod S.R.L., Strada Stefan Procopiu Nr. 1, 300647 Timisoara, Judet Timis, Romania’
A896
Intercycles SA,
F-85000 La Roche sur Yon, France
The name and legal form has been changed to ‘Arcade Cycles S.A.S.’
8065
Veronese Luigi S.N.C. di Veronese Paolo e Elisabetta - Cicli Roveco
Via Umberto I, 508
I-45023 Costa di Rovigo - IT
The name and legal form has been changed to ‘Cicli Roveco di Veronese Paolo & C. S.A.S.’
A402
Cobran snc di Perrino Agostino & C.,
Via Zingarina, 6
I-47900 Rimini - IT
The name and legal form has been changed to ‘Cobran S.R.L.’
A246
Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt.
Duna Lejáró 7
H-1211 Budapest
The name and address has been changed to ‘Csepel Bicycle Manufacturing and Sales Company LTD., Duna Lejáró 7, H-1211 Budapest, Hungary’
A555
MICMO/Gitane,
F-44270 Machecoul
The name has been changed to ‘Manufacture Française Du Cycle’
8963
Metelli di Staffoni Mario & C.S.A.S.
Via Trento 68
IT-25030 Trenzano (BS)
The name has been changed to ‘Metelli di Metelli Maria Rosa E C. S.A.S.’
A979
Vizija Sport d.o.o.
Tržaška cesta 87 b,
SL-1370 Logatec
The address has been changed to ‘Tržaška cesta 77, 1370 Logatec, Slovenia’
A630
Euro Bike Products
ul. Starolecka 18
PL-61-361 Poznan
The address has been changed to ‘ul. Ostrowska 498, 498A, 61-324 Poznań, Poland’
A849
Speedcross di Torretta P. e C. snc - Corso Italia 20 - I-20020 Vanzaghello (MI) Italy
The name has been changed to ‘Speedcross di Torretta Luigi E C. s.n.c.’
A163
Code X Sp. z o.o.
Olszanka 109,
PL-33-386 Podegrodzie
The name has been changed to: ‘Skilledbike Sp. z o.o.’
A966
Gruppo Bici Srl - Via Pitagora 15 - I-47023 Cesena
The legal form has been changed to ‘Gruppo Bici S.p.A.’
8005
Bohemia Bike
Okružní 110, Hlincova Hora
CZ-373 71 Rudolfov
The address has been changed to ‘Okružní 697, 370 01 České Budějovice, Czech Republic’
A605
Novus Bike s.r.o.
Hlavní 266
CZ-747 81 Otice
The address has been changed to ‘Vančurova 2985/20, 746 01 Opava 1, Czech Republic’
A553
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 shall apply.
Article 2
The party set out in table 1 is 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 (8) to imports of certain bicycle parts from the People's Republic of China.
The exemption shall take effect in relation to that party as from the date provided for in the column headed ‘Date of effect’.
The exemption shall apply only to the party specifically referred to in table 1 with its name and address. The exempted party shall notify the Commission forthwith, of any change to these, 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.
Table 1
Exempted party
Name
Address
Country
Exemption pursuant to Regulation (EC) No 88/97
Date of effect
TARIC additional code
Ets Th Brasseur SA
Rue des Steppes 13, 4000 Liège
Belgium
Article 7
29.5.2012
B294
Article 3
The parties listed in table 2 are under examination pursuant to Article 6 of Regulation (EC) No 88/97.
The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’.
This suspension shall apply only to the parties specifically referred to in table 2 with their names and addresses. The party under examination shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension.
Table 2
Parties under examination
Name
Address
Country
Suspension pursuant to Regulation (EC) No 88/97
Date of effect
TARIC additional code
c2g-engineering GmbH
Schlesische Straße 27, 10997 Berlin
Germany
Article 5
16.12.2013
B934
Solo International Oy
Pyyntitie 1 B, 02230 Espoo
Finland
Article 5
26.7.2013
B940
Planet X Ltd
Unit 6, Ignite Business Park, Magna Way, Rotherham S60 1FD
UK
Article 5
7.2.2013
A995
S.C EUROBIKE UNIVERSAL S.R.L.
Street Asociatiei No 4, Movilita, Ialomita
Romania
Article 5
26.7.2013
B941
Longway Poland Sp. z o.o.
ul. Rajdowa 3a, Konotopa, 05-850 Ożarów Mazowiecki
Poland
Article 5
16.12.2013
B935
BBF Bike GmbH
Carena Allee 8, 15366 Hoppegarten
Germany
Article 5
14.1.2014
B936
Article 4
The request for exemption from the extended anti-dumping duty submitted by the party set out in table 3 is hereby rejected pursuant to Article 7 of Regulation (EC) No 88/97.
The suspension of payment of the extended anti-dumping duty is hereby lifted for this party pursuant to Article 7 of Regulation (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.
Table 3
Party for which the suspension shall be lifted
Name
Address
Country
Suspension pursuant to Regulation (EC) No 88/97
Date of effect
TARIC additional code
IBEROSELLE, LDA
Vale Domingos 3750 - 321 Águeda
Portugal
Article 5
20.4.2012
B292
Article 5
The exemption of the party set out in table 4 from the payment of the extended anti-dumping duty is hereby revoked pursuant to Article 10 of Regulation (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.
Table 4
Party for which the exemption shall be revoked
Name
Address
Country
Exemption pursuant to Regulation (EC) No 88/97
Date of effect
TARIC additional code
Borge Kildemoes Cykelfabrik A/S
Albanivej 7, Nr. Lyndelse, 5792 Arslev
Denmark
Article 7
1 day after publication of the present Decision
A166
Article 6
Updated references to the exempted parties listed in table 5 are provided for in the column headed ‘New reference’. The corresponding TARIC additional codes previously attributed to these exempted parties as provided for in the column headed ‘TARIC additional code’ remain the same.
Table 5
Exempted parties for which the reference shall be updated
Former reference
New reference
Country
TARIC additional code
Cannondale Europe BV
Hanzepoort 27,
NL-7575 DB Oldenzaal
Cycling Sports Group Europe B.V.
Hanzepoort 27
7575 DB Oldenzaal, Netherlands
Netherlands
A686
4Ever s.r.o.
2. Května 267,
CZ-742 13 Studénka
4Ever s.r.o.
Moravská 842
742 13 Studénka, Czech Republic
Czech Republic
A558
Canyon Bicycles GmbH
Koblenzer Strasse 236,
DE-56073 Koblenz
Canyon Bicycles GmbH
Karl-Tesche-Str. 12
56073 Koblenz, Germany
Germany
A856
Kellys Bicycles
sro Krajinská 1
SK-92101 Piešt'any
KELLYS BICYCLES s.r.o.
Slnečná cesta 374
922 01 Veľké Orvište, Slovak Republic
Slovak Republic
A551
Madirom PROD SRL
Bd. Liviu Rebreanu nr. 130
RO-300748 Timișoara, Timiș
S.C. Madirom Prod S.R.L.
Strada Stefan Procopiu Nr. 1
300647 Timisoara, Judet Timis, Romania
Romania
A896
Intercycles SA,
F-85000 La Roche sur Yon, France
Arcade Cycles
78 Impasse Philippe-Gozola
ZA Acti Est Parc Eco 85-1
85000 La Roche-sur-Yon, France
France
8065
Veronese Luigi S.N.C. di Veronese Paolo e Elisabetta - Cicli Roveco
Via Umberto I, 508
I-45023 Costa di Rovigo - IT
Cicli Roveco di Veronese Paolo & C. S.A.S.
Via Umberto I n.508
45023 Costa Di Rovigo, Italy
Italy
A402
Cobran snc di Perrino Agostino & C.,
Via Zingarina, 6
I-47900 Rimini - IT
Cobran S.R.L.
Via Della Zingarina 6
47900 Rimini (RN), Italy
Italy
A246
Schwinn-Csepel Kerékpárgyártó és Forgalmazó Rt.
Duna Lejáró 7
H-1211 Budapest
Csepel Bicycle Manufacturing and Sales Company LTD.
Duna Lejáró 7
1211 Budapest, Hungary
Hungary
A555
MICMO/Gitane,
F-44270 Machecoul
Manufacture Française Du Cycle
27 rue Marcel Brunelière
44270 Machecoul, France
France
8963
Metelli di Staffoni Mario & C.S.A.S.
Via Trento 68
IT-25030 Trenzano (BS)
Metelli di Metelli Maria Rosa E C. S.A.S.
Via Trento 68
25030 Trenzano (BS), Italy
Italy
A979
Vizija Sport d.o.o.
Tržaška cesta 87 b,
SL-1370 Logatec
Vizija Sport d.o.o.
Tržaška cesta 77
1370 Logatec, Slovenia
Slovenia
A630
Euro Bike Products
ul. Starolecka 18
PL-61-361 Poznan
Euro Bike Products
ul. Ostrowska 498, 498A
61-324 Poznań, Poland
Poland
A849
Speedcross di Torretta P. e C. snc - Corso Italia 20 - I-20020 Vanzaghello (MI) Italy
Speedcross di Torretta Luigi E C. s.n.c., Corso Italia 20,
20020 Vanzaghello (MI), Italy
Italy
A163
Code X Sp. z o.o.
Olszanka 109,
PL-33-386 Podegrodzie
Skilledbike Sp. z o.o.
Olszanka 109
33-386 Podegrodzie, Poland
Poland
A966
Gruppo Bici Srl - Via Pitagora 15 - I-47023 Cesena
Gruppo Bici S.p.A.
Via Pitagora 15
47521 Cesena, Italy
Italy
8005
Bohemia Bike
Okružní 110, Hlincova Hora
CZ-373 71 Rudolfov
Bohemia Bike a.s.
Okružní 697
370 01 České Budějovice, Czech Republic
Czech Republic
A605
Novus Bike s.r.o.
Hlavní 266
CZ-747 81 Otice
Novus Bike s.r.o.
Vančurova 2985/20
746 01 Opava 1, Czech Republic
Czech Republic
A553
Article 7
This Decision is addressed to the Member States and to the parties listed in Articles 2, 3, 4, 5 and 6. It is also published in the Official Journal of the European Union.
Done at Brussels, 16 April 2014.