Commission Implementing Decision (EU) 2018/477
of 15 March 2018
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(2018) 1506)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
After informing the Member States,
Whereas:
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 this basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).
The Commission received from the parties listed in Tables 1 and 3 below requests for exemption with all the information required to determine that these were admissible in accordance with Article 4(1) of Regulation (EC) No 88/97.
The parties requesting exemptions were given an opportunity to comment on the Commission's conclusions as for the admissibility of their requests.
In accordance with Article 5(1) of Regulation (EC) No 88/97, pending a decision on the merits of requests from the parties requesting exemptions, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the Commission received their requests.
TARIC additional code | Name | Address |
|---|---|---|
C003 | Interbike Spółka z o.o. | ul. Śląska 6/5, PL-42-200 Częstochowa, Poland |
C102 | Uno Bike B.V. | Bovendijk 213, NL-3045 PD Rotterdam, The Netherlands |
C128 | Slavomir Sladek Velosprint S | Trnavská 40, SK-949 01 Nitra, Slovak Republic |
The Commission established during this examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts of all the bicycles assembled by each one of these parties. This was also the case for the majority of the assembled bicycles by each party.
Consequently, their assembly operations fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.
For that reason, and in accordance with Article 7(1) of Regulation (EC) No 88/97, the parties listed in Table 1 above should be exempted from the extended duty.
In accordance with Article 7(2) of Regulation (EC) No 88/97, the exemptions should take effect as from the date of receipt of the requests. The customs debts in respect of the extended duty from the parties requesting exemptions should therefore be considered void from the same date.
The parties requesting exemptions were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon.
In case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.
The exempted parties listed in Table 2 below notified the Commission on changes in their references (names, legal forms and addresses). 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 Regulation (EC) No 88/97.
TARIC additional code | Former reference | Change |
|---|---|---|
8009 | MIFA-Bike GmbH Kyselhäuser Strasse 23 DE-06526 Sangerhausen, Germany | The name and legal form of the company have been changed to: Sachsenring Bike Manufaktur GmbH |
A571 | Sprick Rowery Sp. z o.o. ul. Świerczewskiego 76 PL-66-200 Świebodzin, Poland | The address of the company has been changed to: ul. Zachodnia 76 PL-66-200 Świebodzin, Poland |
C053 | Firma Handlowo-Usługowo-Produkcyjna ‘Trans- Rower’ Roman Tylec Dąbie 47, PL-39-311 Zdziarzec, Poland | The name and address of the company have been changed to: Trans-Rower Roman Tylec Dąbie 54d, PL-39-311 Zdziarzec, Poland |
The examination of the merits of the request from the parties listed in Table 3 below is ongoing. Pending a decision on the merits of their requests, the payment of extended duty by these parties is suspended.
Since the suspensions apply only to the parties specifically referred to in Table 3 below, these parties should notify the Commission7 without delay 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).
TARIC additional code | Name | Address |
|---|---|---|
C049 | Cycles Sport North Ltd | 363 Leach Place, Walton Summit Centre, GB-PR5 8AS Preston, United Kingdom |
C170 | Hermann Hartje KG | Deichstrasse 120-122, DE-27318 Hoya, Germany |
C202 | Vanmoof B.V. | Mauritskade 55, NL-1092 AD Amsterdam, The Netherlands |
C207 | Kenstone Metal Company GmbH | Heideland 1-7, DE-24976 Handewitt-Weding, Germany |
C209 | Gor Kolesa, proizvodnja koles, d.o.o. | Partizanska cesta 12, SI-3320 Velenje, Slovenia |
C220 | Matex International Aquitaine | 6 avenue Gay Lussac, FR-33370 Artigues-près-Bordeaux, France |
C307 | Merida Polska Sp. z o.o. | ul. Marii Skłodowskiej-Curie 35, PL-41-800 Zabrze, Poland |
C311 | Juan Luna Cabrera | C/Alhama 64, ES-14900 Lucena (Cordoba), Spain |
TARIC additional code | Name | Address |
|---|---|---|
C169 | Pelago MFG oy | Tyynenmerenkatu 6 L3, FI-00220 Helsinki, Finland |
The Commission received from the party in question a request to withdraw the application for an exemption while the examination of its merits was ongoing and the payment of the extended duty was suspended.
The Commission accepted the withdrawal and consequently the suspension of the payment of the extended duty should be lifted. The extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, namely the date on which the suspension took effect (23 September 2016).
The party was informed of the Commission's conclusions and was given an opportunity to comment thereon. No comments were submitted within the deadline.
The exempted party listed in Table 5 below notified the Commission the closing down of its activities and the renunciation of the exemption from the payment of extended duty.
TARIC additional code | Name | Address |
|---|---|---|
A549 | Alliance Bikes Sp. z o.o. | ul. Tadeusza Borowskiego 2, PL-03-475 Warszawa, Poland |
HAS ADOPTED THIS DECISION: