Commission Implementing Decision (EU) 2021/659 of 15 April 2021 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97 (notified under document C(2021) 2416)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union⁽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 Implementing Regulation (EU) 2020/45 of 20 January 2020 amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97⁽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⁾, and in particular Articles 4 to 7 thereof,

After informing the Member States,

Whereas:

An anti-dumping duty applies on imports of essential bicycle parts originating in the People’s Republic of China ('China') ('the extended duty') as a result of the extension of the anti-dumping duty imposed on imports of bicycles originating in China by Regulation (EC) No 71/97.
Under Article 3 of Regulation (EC) No 71/97 the Commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty.
Those implementing measures are set forth in Regulation (EC) No 88/97 establishing the specific exemption system.
On that basis the Commission has exempted a number of bicycle assemblers from the extended duty ('the exempted parties').
As provided for in Article 16(2) of Regulation (EC) No 88/97, the Commission has published in the Official Journal of the European Union subsequent lists of the exempted parties⁽⁵⁾.
The most recent Commission Implementing Decision (EU) 2020/1409⁽⁶⁾ concerning exemptions under Regulation (EC) No 88/97 was adopted on 29 september 2020.
For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 apply.

HAS ADOPTED THIS DECISION:

Article 1

The parties listed in the Table in this Article are 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⁽⁹⁾ to imports of certain bicycle parts from the People’s Republic of China.

In accordance with Article 7(2) of Regulation (EC) No 88/97 the exemption shall take effect as from the date of receipt of the party' requests. This date is provided for in the Table column headed ‘Date of effect’.

The exemption shall apply only to the parties specifically referred to in the Table in this Article.

The exempted parties shall notify the Commission without delay of any change to its name and address, providing all relevant information, in particular on any modification in the parties’ activities linked to assembly operations with regard to the conditions of exemption.

**Exempted parties**
TARIC additional code	Name	Address	Date of effect
C481	FJ Bikes Europe Unipessoal Lda	Praça do Município 8, Sala 1D, PT-3750 111 Águeda, Portugal	8.5.2018
C499	Frog Bikes Manufacturing Ltd	Unit A, Mamhilad Park Estate, GB-Pontypool, Torfaen, NP4 0HZ, United Kingdom	7.1.2019

Article 2

The parties listed in the Table in this Article are under examination in accordance with Article 6 of Regulation (EC) No 88/97.

The suspensions of payment of the extended anti-dumping duty in accordance with Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of the parties' respective supension requests. Those dates are provided for in the Table column headed ‘Date of effect’.

Those suspensions of payments shall apply only to the parties under examination specifically referred to in the Table in this Article.

The parties under examination shall notify the Commission without delay of any changes in their assembly operations linked to the conditions of suspension and provide the Commission with all relevant information as evidence. These changes include but are not limited to, any changes of the parties’ names, activities, legal forms, addresses.

**Parties under examination**
TARIC additional code	Name	Address	Date of effect
C527	FIRMA ADAM Adam Ziętek	Muchy 56 PL-63-524 Czajków, Poland	29.8.2019
C529	Rowerland Piotr Tokarz	ul. Klubowa 23, PL-32-600 Broszkowice, Poland	17.10.2019
C557	Berria Bike SL	Calle Blasco de Garay 19, ES-02600 Villarrobledo - Spain	27.7.2020
C559	Northtec Sp. Z.o.o.	ul. Dworcowa 15a, PL-43-502 Czechowice-Dziedzice - Poland	27.7.2020
C560	Giant Gyártó Hungary Kft.	Jedlik Ányos utca 1, HU-3200 Gyöngyös - Hungary	15.7.2020
C492	MOTOKIT Veiculos e Accesórios S.A.	Rua Padre Vicente Maria da Rocha 448, 1^o Esq., PT-3840-453 Vagos, Portugal	25.9.2020
C609	Nextbike Gmbh	Erich Zeigner Allee 69-73 DE-04229 Leipzig, Germany	25.11.2020

Article 3

Updated references to the exempted or suspended parties listed in the Table in this Article are provided for in the column headed ‘New reference’. Those updates shall take effect as from the dates provided for in the Table column headed ‘Date of effect’.

The corresponding TARIC additional codes previously attributed to those exempted or suspended parties as provided for in the Table column headed ‘TARIC additional code’ remain unchanged.

**Exempted/suspended parties for which the reference shall be updated**
TARIC additional code	Former reference	New reference	Date of effect
A630	Vizija Sport d.o.o. Tržaška cesta 77, SI-1370 Logatec, Slovenia	CULT d.o.o. Tržaška cesta 77, SI-1370 Logatec, Slovenia	28.7.2020
8983	Mandelli SpA Via Tommaso Grossi 5, IT-20841 Carate Brianza (MB), Italy	Mandelli s.r.l. Via Tommaso Grossi 5, IT-20841 Carate Brianza (MB), Italy	2.9.2020
C560	Giant Gyártó Hungary Kft. Bajcsy-Zsilinszky út 78, HU-1055 Budapest, Hungary	Giant Gyártó Hungary Kft. Jedlik Ányos út 1, HU-3200 Gyöngyös, Hungary	17.09.2020
A813	Leader-96 Ltd. 19 Sedianka str., BG-4003 Plovdiv, Bulgaria	Leader-96 Ltd. 3 Vazrazhdane str., BG-4140 Rogosh, Bulgaria	7.12.2020
A565	Arkus & Romet Group Sp. Z o.o. Podgrodzie 32 C PL-39-200 Dębica, Poland	Romet Sp. Z o.o. Podgrodzie 32 C PL-39-200 Dębica, Poland	9.12.2020

Article 4

The suspension of the payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted during the period 29 November 2018 to 24 September 2020 for the party listed in the Table in this Article.

The extended duty shall be collected as from 29 November 2018 to 24 September 2020.

**Party for which the suspension is lifted**
TARIC additional code	Name	Address
C492	MOTOKIT Veiculos e Accesórios S.A.	Rua Padre Vicente Maria da Rocha 448, 1^o Esq., PT-3840-453 Vagos, Portugal