14.11.2006 |
EN |
Official Journal of the European Union |
L 313/5 |
COMMISSION DECISION
of 10 November 2006
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, 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 Regulation (EC) No 88/97
(2006/772/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 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) (the extending Regulation), maintained by Council Regulation (EC) No 1524/2000 (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) (the exemption Regulation), maintained by Regulation (EC) No 1524, 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 of the European Union successive lists of applicants (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 period of examination has been selected. This period was defined as from 1 January to 31 December 2005. A questionnaire was sent to all parties under examination, requesting information on the assembly operations conducted during the relevant period of examination. |
A. REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS PREVIOUSLY GRANTED
A.1. Acceptable requests for exemption
(3) |
The Commission 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 are admissible pursuant to Article 4(1) of the exemption Regulation. Table 1
|
(4) |
The facts as finally ascertained by the Commission show that for 24 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. |
(5) |
Concerning the last party, although the facts show that the value of the parts originating in the People’s Republic of China which were used in its assembly operations was above 60 % of the total value of the parts used in the assembly operations, the value added was above 25 % of the manufacturing costs. Therefore the assembly operations of that party fall outside the scope of Article 13(2) of the basic Regulation. |
(6) |
For these 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. |
(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) |
It is to be noted that the following five parties listed in Table 1 informed the Commission services of a change in their name and/or in their legal seat, or transfer of assembly activity, during the examination period:
|
(9) |
It has been established that these changes in the name and/or legal seat and transfer of assembly activity did not affect the assembly operations with regard to the stipulations of the exemption Regulation and therefore the Commission does not consider that these changes should affect the exemption from the extended anti-dumping duty. |
A.2. Unacceptable requests for exemption and withdrawals
(10) |
The parties listed in Table 2 below also submitted requests for exemption from the extended anti-dumping duty. Table 2
|
(11) |
Four parties withdrew their request for exemption and informed the Commission accordingly. |
(12) |
One party failed to submit the requested information required for the examination of its request. For this reason, and in accordance with Article 7(3) of the exemption Regulation, the Commission informed this party that it intended to reject its request for exemption. This party was given an opportunity to comment. No comments were received. |
(13) |
Another party did not use the bicycle parts for the production or assembly of bicycles during the examination period, nor did it inform the Commission that it destroyed or re-exported them, which constitutes a breach of the obligations set out in Article 6(2) of the exemption Regulation. The party was informed accordingly and given an opportunity to comment. No comments were received. |
(14) |
Since the parties listed in Table 2 failed to meet the criteria for exemption set by Article 6(2) 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. |
A.3. Request for exemption requiring further examination
(15) |
The party listed in Table 3 below also submitted a request for exemption from the payment of the extended anti-dumping duty. Table 3
|
(16) |
As regards this party, the Commission services were not in a position to verify whether the assembly operations of this party fall outside the scope of Article 13(2) of the basic Regulation due to the bankruptcy procedure of the party instituted by the Bankruptcy Penal Tribunal held by the District Court of Ljubljana. |
(17) |
In light of the above, the party listed in Table 3 should be maintained in the list of parties under examination. The payment of the anti-dumping duty in respect of the imports of essential bicycle parts declared for free circulation by this party should remain suspended. |
B. REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS NOT PREVIOUSLY GRANTED
B.1. Inadmissible requests for exemption
(18) |
The parties listed in Table 4 also submitted requests for exemption from the payment of the extended anti-dumping duty: Table 4
|
(19) |
With regard to these parties, it should be noted that their requests did not meet the admissibility criteria set out in Article 4(1) of the exemption Regulation. |
(20) |
Two applicants use essential bicycle parts for the production or assembly of bicycles in quantities below 300 units per type on a monthly basis. |
(21) |
One applicant did not provide prima facie evidence that its assembly operations fell outside the scope of Article 13(2) of the basic Regulation, notably prima facie evidence that 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. |
(22) |
These parties were informed accordingly and were given an opportunity to comment. No comments were received. As a consequence, no suspension was granted to these parties. |
B.2. Admissible requests for exemption for which suspension should be granted
(23) |
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 5. The suspension from the extended duty, following these requests, should take effect as shown in the column headed ‘Date of effect’: Table 5
|
HAS ADOPTED THIS DECISION:
Article 1
The parties listed below in Table 1 below are hereby exempted from the extension to imports of certain bicycle parts from the People’s Republic of China pursuant to Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People’s Republic of China.
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 exempted
Name |
Address |
Country |
Exemption pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
ARKUS & ROMET Group Sp. z o.o. |
Podgrodzie 32 C, 39-200 Dębica |
Poland |
Article 7 |
1.6.2005 |
A565 |
ARKUS Sp. z o.o. |
Podgrodzie 32 C, 39-200 Dębica |
Poland |
Article 7 |
from 23.6.2004 to 31.5.2005 |
A565 |
Athletic Manufacturing Sp. z.o.o. |
ul. Drawska 21, 02-202 Warszawa |
Poland |
Article 7 |
3.8.2004 |
A568 |
Avantisbike — Fabrico de bicicletas SA |
Zona Industrial de Oiã (Sul), Lt. B17, 3770-059 Oiã |
Portugal |
Article 7 |
10.11.2005 |
A726 |
BELVE s.r.o. |
Palkovičova, 5, 915 01 Nové Mesto nad Váhom |
Slovak Republic |
Article 7 |
4.5.2004 |
A535 |
Bike Mate s.r.o. |
Dlhá 248/43, 905 01 Senica |
Slovak Republic |
Article 7 |
8.10.2004 |
A589 |
Cannondale Europe BV |
Hanzepoort 27, 7575 DB Oldenzaal |
The Netherlands |
Article 7 |
21.6.2005 |
A686 |
CSEKE Trade Kft. |
Központi út 21–47., 1211 Budapest |
Hungary |
Article 7 |
21.4.2005 |
A685 |
C-TRADING s.r.o. |
V. Palkovicha 19, 946 03 Kolárovo |
Slovak Republic |
Article 7 |
10.2.2005 |
A662 |
Decathlon Sp. z o. o. |
ul. Malborska 53, 03-286 Warszawa |
Poland |
Article 7 |
19.8.2005 |
A696 |
Eurobike Kft. |
Zengő utca 58., 7693 Pécs-Hird |
Hungary |
Article 7 |
28.1.2005 |
A624 |
Fabryka Rowerów Romet-Jastrowie Sp. z o.o. |
ul. Narutowicza 14, 64-915 Jastrowie |
Poland |
Article 7 |
from 14.6.2004 to 31.5.2005 |
A564 |
Firma Wielobranżowa ‘Mexller’ — Artur Nowak |
ul. Romera 4/20, 42-200 Częstochowa |
Poland |
Article 7 |
22.9.2005 |
A697 |
Koliken Kft. |
Széchenyi u. 103., 6400 Kiskunhalas |
Hungary |
Article 7 |
8.11.2004 |
A616 |
Koninklijke Gazelle BV |
Wilhelminaweg 8, 6951 BP Dieren |
The Netherlands |
Article 7 |
29.6.2005 |
8609 |
Kynast Bike GmbH |
Artlandstraße 55, 49610 Quakenbrück |
Germany |
Article 7 |
29.7.2005 |
A692 |
Manufacture de cycles du Comminges (MCC) |
Z.I. Ouest, 31800 Saint-Gaudens |
France |
Article 7 |
29.6.2005 |
A690 |
Maxbike Ltd |
Svatoplukova 2771, 700 30 Ostrava-Vitkovice |
Czech Republic |
Article 7 |
3.1.2005 |
A664 |
Muller Sport Bohemia s.r.o. |
Okružní 110, Hlincova Hora, 373-71 Rudolfov |
Czech Republic |
Article 7 |
8.11.2004 |
A605 |
OLPRAN Spol. s.r.o. |
Libušina, 101, 772-11 Olomouc |
Czech Republic |
Article 7 |
1.5.2004 |
A546 |
PFIFF Vertriebs GmbH |
Wilhelmstraße 49, 49610 Quakenbrück |
Germany |
Article 7 |
6.4.2005 |
A668 |
TIESSE s.n.c. di Tosato Virginio & C. |
Via Meucci 12, 35030 Caselle di Selvazzano Dentro (PD) |
Italy |
Article 7 |
24.10.2005 |
A724 |
Tolin Przedsiebiorstwo Prywatne Jerzy Topolski |
Łęg-Witoszyn, 87-811 Fabianki |
Poland |
Article 7 |
10.9.2004 |
A586 |
Victus International Trading S.A. |
ul. Naramowicka 150, 61-619 Poznań |
Poland |
Article 7 |
11.10.2004 |
A588 |
Vizija Sport d.o.o. |
Tržaška cesta 87 b, 1370 Logatec |
Slovenia |
Article 7 |
24.1.2005 |
A630 |
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 in Table 2 below 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 |
A.J. Maias Lda. |
Estrada Nacional N.o 1, Malaposta, Apart. 27, 3781-908 Sangalhos |
Portugal |
Article 5 |
23.2.2005 |
A401 |
Bike Sport |
Krzemionka 14, 62-872 Godziesze |
Poland |
Article 5 |
3.1.2005 |
A593 |
Hermann Hartje KG |
Deichstraße 120-122, 27318 Hoya/Weser |
Germany |
Article 5 |
7.11.2005 |
A725 |
ISTRO-HGA, spol. s.r.o. |
Svätopeterská 14, 947 01 Hurbanovo |
Slovak Republic |
Article 5 |
1.5.2004 |
A541 |
Maver Sp. z o.o. |
ul. Przasnysza 77, 06-200 Maków Mazowiecki |
Poland |
Article 5 |
19.10.2005 |
A728 |
P.W.U.H. Sterna |
ul. Lotników 51, 73-102 Stargard Szczeciński |
Poland |
Article 5 |
2.2.2005 |
A631 |
Article 3
The parties listed in Table 3 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 as from the relevant date in the column headed ‘Date of effect’ in Table 3.
Table 3
List of parties under examination
Name |
Address |
Country |
Suspension pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
Alubike — Bicicletas, S.A. |
Zona Industrial de Oiã, Lote C10, 3770-059 Oliveira do Bairro |
Portugal |
Article 5 |
12.12.2005 |
A730 |
Bonaventure BVBA |
Stoomtuigstraat 16, 8830 Hooglede-Gits |
Belgium |
Article 5 |
19.1.2006 |
A732 |
Goldbike — Indústria de Bicicletas, Lda |
Rua das Flores, s/n, Poutena, 3780-594 Vilarinho do Bairro Anadia |
Portugal |
Article 5 |
9.8.2006 |
A777 |
Ing. Jaromír Březina |
Foglarova 11, 787 01 Šumperk |
Czech Republic |
Article 5 |
20.7.2006 |
A776 |
Koga BV |
Tinweg 9, 8445 PD Heerenveen |
The Netherlands |
Article 5 |
19.6.2006 |
A773 |
Look Cycle International S.A. |
27, rue du Docteur-Léveillé, B.P. 13, 58028 Nevers Cedex |
France |
Article 5 |
14.9.2006 |
A781 |
Loris Cycles di Perinel Lori |
Via delle Industrie 8, 30022 Ceggia (VE) |
Italy |
Article 5 |
13.12.2005 |
A731 |
Prestige NV |
Zuiderdijk 25, 9230 Wetteren |
Belgium |
Article 5 |
16.2.2006 |
A737 |
Puky GmbH & Co. KG |
Fortunastraße 11, 42489 Wülfrath |
Germany |
Article 5 |
21.8.2006 |
A778 |
ROG Kolesa, d.d. |
Letališka 29, 1000 Ljubljana |
Slovenia |
Article 5 |
1.5.2004 |
A538 |
Skeppshultcykeln AB |
Storgatan 78, 333 93 Skeppshult |
Sweden |
Article 5 |
29.3.2006 |
A745 |
Stevens Vertriebs GmbH |
Asbrookdamm 35, 22115 Hamburg |
Germany |
Article 5 |
3.7.2006 |
A774 |
Trenga DE Vertriebs GmbH |
Großmoordamm 63-67, 21079 Hamburg |
Germany |
Article 5 |
10.5.2006 |
A746 |
Article 4
The requests for exemption from the extended anti-dumping duty made by the parties listed in Table 4 below are hereby rejected.
Table 4
List of parties for which the request for exemption is rejected
Name |
Address |
Country |
Firma Bikeland |
ul. 15 Sierpnia 17, 96-500 Sochaczew |
Poland |
NV 2 Bs |
Slagbaan 37, 3052 Blanden |
Belgium |
NV Simons |
Staatsbaan 279, 3460 Bekkevoort |
Belgium |
Article 5
This Decision is addressed to the Member States and to the parties listed in Articles 1, 2, 3 and 4.
Done at Brussels, 10 November 2006.
For the Commission
Peter MANDELSON
Member of the Commission
(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).
(2) OJ L 16, 18.1.1997, p. 55.
(3) OJ L 175, 14.7.2000, p. 39. Regulation as 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, and OJ L 17, 21.1.2006, p. 16.