The party listed in the Table in this Article 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 Regulation (EEC) No 2474/93 to imports of certain bicycle parts from the People’s Republic of China.
Commission Implementing Decision (EU) 2023/1431 of 30 June 2023 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
Commission Implementing Decision (EU) 2023/1431 of 30 June 2023 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
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 (‘the exemption Regulation’) establishing the specific exemption system.
On that basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).
By Implementing Regulation (EU) 2023/611(5) of 17 March 2023, the Commission published in the Official Journal of the European Union the updated list of the parties under examination and the list of the exempted parties .
For the purposes of this Decision, the definitions set out in Article 1 of the exemption Regulation apply.
HAS ADOPTED THIS DECISION:
Article 1
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’ request. This date is provided for in the Table column headed ‘Date of effect’.
The exemption shall apply only to the party specifically referred to in the Table in this Article.
The exempted party 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 party’ activities linked to assembly operations with regard to the conditions of exemption.
TARIC additional code |
Name |
Address |
Date of effect |
|---|---|---|---|
C720 |
Propain Bicycles GmbH |
Schachenstraße 39, 88267 Vogt – Germany |
1.7.2021 |
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.
TARIC additional code |
Name |
Address |
Date of effect |
|---|---|---|---|
C557 |
Berria Bike S.L. |
Calle Blasco de Garay 19, 02600 Villarrobledo – Spain |
30.3.2022 |
C860 |
Profil Bicycles CZ s.r.o. |
Hněvotín 31, 783 47 Hněvotín, Czech Republic |
20.2.2022 |
C863 |
Decathlon Sp. z o.o. |
ul. Geodezyjna 76, 03-290 Warszawa, Poland |
21.3.2022 |
C896 |
Cyclision s.r.o. |
Štefánikova 68, 921 01 Piešťany, Slovakia |
8.8.2022 |
C991 |
Bicicletas Mendiz S.A. |
C/Zuazobidea 22, 01015 Vitoria-Gasteiz (Álava-Araba), Spain |
26.10.2022 |
899I |
Adrisport sas |
Z.A. de Bellevue 7, 56390 Colpo, France |
21.4.2023 |
Article 3
Updated references to the exempted 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 parties as provided for in the Table column headed ‘TARIC additional code’ remain unchanged.
TARIC additional code |
Former reference |
New reference |
Date of effect |
|---|---|---|---|
C009 |
Derby Cycle Werke GmbH Siemensstraße 1-3 49661 Cloppenburg, Germany |
Kalkhoff Werke GmbH Europa-Allee 26, 49685 Emstek, Germany |
1.7.2022 |
A576 |
Race Production NV Beverlosesteenweg 85, 3583 Beringen, Belgium |
Belgian Cycling Factory NV Beverlosesteenweg 85, 3583 Beringen, Belgium |
9.2.2023 |
A726 |
Unibike OEM Factory S.A. Zona Industrial de Oiã, Lote C-21, 3770 059 Oiã, Portugal |
Unibike OEM Factory S.A. Parque Empresarial de Soza B, Lt 3,4,10,11, 3840 342 Soza-Vagos, Portugal |
19.4.2023 |
Article 4
The request for exemption submitted by the party listed in the Table of this Article is inadmissible and therefore rejected in accordance with Article 4(4) of Regulation (EC) No 88/97.
The rejection shall take effect as from the date provided for in the Table column headed ‘Date of effect’.
Name |
Address |
Date of effect |
|---|---|---|
Cycle Center 53-11 BV |
Van Heemstraweg-Oost 4, 5301 KE Zaltbommel, The Netherlands |
28.7.2022 |