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, 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 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,
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, and in particular Articles 4 to 7 thereof,
After informing the Member States,
Whereas:
(1)
An anti-dumping duty applies on imports into the Union 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.
(2)
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.
(3)
Those implementing measures are set forth in Regulation (EC) No 88/97 establishing the specific exemption system.
(4)
On that basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).
(5)
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.
(6)
The most recent Commission Implementing Decision (EU) 2019/1087 concerning exemptions under Regulation (EC) No 88/97 was adopted on 19 June 2019.
(7)
For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 apply.
1.
<Strong>REQUESTS FOR EXEMPTION</Strong>
(8)
Between 19 December 2016 and 17 October 2019, the Commission received from the parties listed in Tables 1 and 3 requests for exemption with the information required to determine whether these requests were admissible in accordance with Article 4(1) of Regulation (EC) No 88/97.
(9)
The parties requesting exemption were given an opportunity to comment on the Commission’s conclusions concerning the admissibility of their requests.
(10)
In accordance with Article 5(1) of Regulation (EC) No 88/97, pending a decision on the merits of requests from the parties requesting exemption, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties listed in Tables 1 and 3 below was suspended as from the day on which the Commission received their respective requests.
2.
<Strong>AUTHORISATION Of EXEMPTION</Strong>
(11)
The examination of the merits of the requests from the parties listed in Table 1 has been concluded.
<Emphasis>Table 1</Emphasis>
| TARIC additional code | Name | Address |
|---|
| C307 | Merida Polska Sp. Z o.o. |
ul. Marii Skłodowskiej-Curie 35,
PL-41-800 Zabrze, Poland
|
| C311 | Juan Luna Cabrera |
Calle Alhama 64,
ES-14900 Lucena (Cordoba), Spain
|
(12)
The Commission established during its 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 both parties. This was also the case for the majority of the assembled bicycles by both parties.
(13)
Consequently, the Commission concluded that the respective assembly operations of Merida Polska Sp. Z o.o. and of Juan Luna Cabrera fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.
(14)
For that reason, and in accordance with Article 7(1) of Regulation (EC) No 88/97, the parties listed in Table 1 fulfil the conditions for exemption from the extended duty.
(15)
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 exemption should therefore be considered void from the same date.
(16)
The parties were informed of the Commission’s conclusions on the merits of their requests and were given an opportunity to comment thereon.
(17)
Since the exemptions apply only to the parties specifically referred to in Table 1, the exempted parties should notify the Commission 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).
(18)
In case of change in reference, the exempted parties 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 accordingly.
3.
<Strong>UPDATE OF REFERENCES TO EXEMPTED OR SUSPENDED PARTIES</Strong>
(19)
The exempted or suspended parties listed in Table 2 notified the Commission, between 2 May 2019 and 20 February 2020, of changes in their references (names, legal forms and addresses). The Commission, after having examined the information submitted, concluded that those changes do not affect the assembly operations with regard to the conditions of exemption or suspension set forth in Regulation (EC) No 88/97.
(20)
While the exemption or the suspension of these parties from the extended duty authorised in accordance with Article 7(1) of Regulation (EC) No 88/97 remains unaffected, the references to these parties should be updated.
<Emphasis>Table 2</Emphasis>
| TARIC additional code | Former reference | Change |
|---|
| A163 |
Speedcross di Torretta Luigi & C. s.n.c.
Corso Italia 20,
IT-20020 Vanzaghello (MI), Italy
|
The name and legal form of the company have been changed to:
Speedcross s.r.l.
|
| A557 |
Jozef Kender-Kenzel
Piesková 437/9A,
946 52 Imel, Slovakia
|
The name, legal form and address of the company have been changed to:
KENZEL s.r.o.
Novozámocká 182, 94701 Hurbanovo, Slovakia
|
| 8612 |
Tecno Bike S.r.l.
Via del Lavoro 22,
IT-61030 Canavaccio, Urbino (PS), Italy
|
The address of the company has been changed to:
Via del Lavoro 22,
IT-61029 Canavaccio di Urbino (PU), Italy
|
| 8979 |
W.S.B. Hi-Tech Bicycle Europe B.V.
De Hemmen 91, NL-9206AG Drachten, The Netherlands
|
The address of the company has been changed to:
De Roef 15, NL-9206AK Drachten, The Netherlands
|
4.
<Strong>SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION</Strong>
(21)
The examination of the merits of the requests from the parties listed in Table 3 is ongoing. Pending a decision on the merits of their requests, the payment of the extended duty by these parties is suspended.
(22)
Since the suspensions apply only to the parties specifically referred to in Table 3, these parties should notify the Commission 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).
(23)
In case of change in reference, 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.
<Emphasis>Table 3</Emphasis>
| TARIC additional code | Name | Address |
|---|
| C202 | Vanmoof B.V. |
Mauritskade 55,
NL-1092 AD Amsterdam, The Netherlands
|
| C207 | Kenstone Metal Company GmbH |
Am Maikamp 8-12,
DE-32107 Bad Salzuflen, Germany
|
| C481 | FJ Bikes Europe Unipessoal, Lda |
Praça do Município 8, Sala 1D,
PT-3750 111 Águeda, Portugal
|
| C492 | MOTOKIT Veiculos e Accesórios S.A. | Rua Padre Vicente Maria da Rocha 448, 1° Esq., PT-3840-453 Vagos, Portugal |
| C499 | Frog Bikes Manufacturing Ltd |
Unit A, Mamhilad Park Estate,
GB-Pontypool, Torfaen, NP4 0HZ, United Kingdom
|
| C527 | FIRMA ADAM Adam Ziętek |
Muchy 56
PL-63-524 Czajków, Poland
|
| C529 | Rowerland Piotr Tokarz |
ul. Klubowa 23,
PL-32-600 Broszkowice, Poland
|
5.
<Strong>SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION LIFTED</Strong>
(24)
The suspension of payment of the duties for the parties under examination should be lifted for the party listed in Table 4.
<Emphasis>Table 4</Emphasis>
| TARIC additional code | Name | Address |
|---|
| C489 | P.P.H. ARTPOL Artur Kopeć |
ul. Aniołowska 14,
PL-42-202 Częstochowa, Poland
|
(25)
On 3 July 2019 the Commission received from that party 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.
(26)
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 that party, namely the date on which the suspension took effect, that is 25 October 2018.
(27)
The party was informed of the Commission’s conclusions and was given an opportunity to comment thereon. No comments were submitted.
6.
<Strong>AUTHORISATION OF EXEMPTION REVOKED</Strong>
(28)
The exempted parties listed in Table 5 notified the Commission, between 30 June 2019 and 3 February 2020, of the following: closing down of its activities (Bicicletas Monty S.A.), and the renunciation of the exemption from the payment of extended duty (Gor Kolesa, proizvodnja koles, d.o.o).
(29)
Consequently, in accordance with the principle of good administration, the authorisation of exemption from the payment of the extended duty for both exempted parties listed in Table 5 should be revoked,
<Emphasis>Table 5</Emphasis>
| TARIC additional code | Name | Address |
|---|
| A165 | Bicicletas Monty S.A. |
Calle El Plà 106,
ES-08980 Sant Feliu de Llobregat, Spain
|
| C209 | Gor Kolesa, proizvodnja koles, d.o.o. |
Primorska cesta 6b,
SI-3325 Šoštanj, Slovenia
|
HAS ADOPTED THIS DECISION: