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Commission Implementing Regulation (EU) 2019/73 of 17 January 2019 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electric bicycles originating in the People's Republic of China
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1.A definitive anti-dumping duty is imposed on imports of cycles, with pedal assistance, with an auxiliary electric motor, originating in the People's Republic of China. The product concerned currently falls within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711 60 90 10).
2.The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and manufactured by the companies listed below shall be as follows:
Country | Company | Definitive anti-dumping duty | TARIC additional code |
---|---|---|---|
People's Republic of China | Bodo Vehicle Group Co., Ltd. | 58,3 % | C382 |
Giant Electric Vehicle (Kunshan) Co., Ltd; | 20,7 % | C383 | |
Jinhua Vision Industry Co., Ltd and Yongkang Hulong Electric Vehicle Co., Ltd | 10,3 % | C384 | |
Suzhou Rununion Motivity Co., Ltd | 62,1 % | C385 | |
Yadea Technology Group Co., Ltd | 37,4 % | C463 | |
Other co-operating companies in the anti-dumping investigation (with the exception of the companies subject to the parallel countervailing duty rate for all other companies Implementing Regulation (EU) 2019/72) (Annex I) | 24,2 % | ||
Other co-operating companies in the anti-dumping investigation, subject to the parallel countervailing duty rate for all other companies Implementing Regulation (EU) 2019/72 (Annex II) | 16,2 % | ||
Non-cooperating companies in the anti-dumping investigation, but cooperating in the parallel anti-subsidy investigation and listed in the Annex I of Implementing Regulation (EU) 2019/72 (Annex III) | 70,1 % | ||
All other companies | 62,1 % | C999 |
3.The application of the individual anti-dumping duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/ her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of electric bicycles sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People's Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
4.Unless otherwise specified, the provisions in force concerning customs duties shall apply. The default interest to be paid in case of reimbursement that gives rise to a right to payment of default interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the deadline falls, increased by one percentage point.
5.In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.
6.Where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission, paragraph 2 may be amended by adding the new exporting producer to the appropriate annex with the cooperating companies not included in the sample and thus subject to the appropriate weighted average anti-dumping duty rate. A new exporting producer shall provide evidence that:
it did not export to the Union the product described in paragraph 1 during the investigation period between 1 October 2016 to 30 September 2017,
it is not related to any of the exporters or producers in the People's Republic of China which are subject to the measures imposed by this Regulation, and
it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.
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