L 141/36 Official Journal of the European Communities 13.5.98 COMMISSION DECISION of 29 April 1998 rejecting the application submitted by Eurocycles (France) for an exemption pursuant to Commission Regulation (EC) No 88/97 from the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China (98/323/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community ('), as amended by Regulation (EC) No 2331/ 96 (), 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 pursuant to Regulation (EC) No 703/96 (%), 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 Article 7(3) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1) By Regulation (EC) No 71/97, the definitive duty imposed on imports of bicycles originating in the People’s Republic of China by Regulation (EC) No 2474/93 was extended to imports of certain bicycle parts from that country (hereinafter referred to as the ‘extended anti-dumping duty’). (2 On 22 January 1997, Eurocycles asked to be exempted from the extended anti-dumping duty pursuant to Article 3 of Regulation (EC) No 88/97, and was suspended from the payment of the duty as from that date. () OJ L 56, 6. 3. 1996, p. 1. () OJ L 317, 6. 12. 1996, p. 1. () OJ L 16, 18. 1. 1997, p. SS. (9 O L 17, 21. 1. 1997, p. 17. @) In order to ascertain whether Eurocycles’ opera- tions fell within the scope of Article 13(2) of Regu- lation (EC) No 384/96 (hereinafter referred to as ‘the Basic Regulation’), thus circumventing the measures in force, the Commission requested the necessary information from the company and veri- fied it at its premises. Since Eurocycles’ request immediately followed the introduction of the extended anti-dumping duty Regulation, it was agreed that Eurocycles should reply to the same questionnaire which had ori- ginally been sent to interested parties in the circumvention investigation. The investigation period therefore ran from 1 April 1995 to 31 March 1996. B. RESULTS OF THE INVESTIGATION 1. Level of cooperation The on-the-spot verification revealed that part of the information submitted by the company in its questionnaire was inaccurate and incomplete. Even after the on-the-spot verification, the Commission still lacked precise information as to the technical specifications of the bicycle models assembled by the company, the quantities sold in the Community and the selling prices for each model. Furthermore, it also appeared that the company had withheld information in its reply to the ques- tionnaire which it would have been appropriate to mention. As a consequence, the Commission had to base part of its conclusions on the facts available, in accordance with Article 18 of the Basic Regula- tion. The company was informed accordingly. 2. Conditions of Article 13(2) of the Basic Regulation (a) Start or substantial increase of operations Eurocycles started its bicycle assembly operations in 199§, after the original investigation on imports of bicycles originating in the People’s Republic of China.