98/366/EC: Commission Decision of 28 May 1998 exempting 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 (notified under document number C(1998) 1427)
9. 6. 98 EN Official Journal of the European Communities L 164/49 COMMISSION DECISION of 28 May 1998 exempting 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 (notified under document number C(1998) 1427) (98/366/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, respect of their imports of essential bicycle parts suspended declared for pursuant to Article 5(1) of that Regulation. circulation was free Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries the European Community (1), as amended by Regulation (EC) No 2331/ 96 (2), not members of 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 (3), Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption imports of certain bicycle parts originating in the of 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 Article 7 thereof, After consulting the Advisory Committee, Whereas: (1) A. REQUESTS PURSUANT TO ARTICLE 3 OF REGULATION (EC) No 88/97 After the entry into force of Regulation (EC) No 88/97 a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption from the extension to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (hereinafter referred the to as ‘the extended anti-dumping duty') of definitive anti-dumping duty imposed on bicycles originating in the People’s Republic of China by Regulation (EEC) No 2474/93. The Commission published in the Official Journal of the European Communities a list of applicants (5) for which payment of the extended anti-dumping duty in (1) OJ L 56, 6. 3. 1996, p. 1. (2) OJ L 317, 6. 12. 1996, p. 1. (3) OJ L 16, 18. 1. 1997, p. 55. (4) OJ L 17, 21. 1. 1997, p. 17. (5) OJ C 45, 13. 2. 1997, p. 3, OJ C 112, 10. 4. 1997, p. 9 and OJ C 378, 13. 12. 1997, p. 2. (2) (3) (4) (5) (6) The Commission requested and received the neces- sary information from the parties listed in the Annex to this Decision and found their requests admissible pursuant to Article 4(1) of Regulation (EC) No 88/97. The information provided was examined and verified where necessary at the premises of the parties concerned. the value of The facts as finally ascertained by the Commission show that the assembly operations of the applicants concerned do not fall within the scope of Article 13(2) of Regulation (EC) No 384/96. It was found that for all the applicants’ bicycle assembly opera- tions, the parts originating in the People’s Republic of China which were used in their assembly operations was lower than 60 % of the total value of the parts used in these assembly operations. In addition, for some of them, the value added to the parts brought in exceeded 25 % of the manufacturing costs of the finished bicycles. For the above reasons, and in accordance with Article 7(1) of Regulation (EC) 88/97, the parties listed in the Annex to this Decision should be exempted from the extended anti-dumping duty. The parties concerned were informed accordingly and given an opportunity to comment. In accordance with Article 7(2) of Regulation (EC) No 88/97 the parties listed in the Annex to this Decision should be exempted from the extended anti-dumping duty as from the date of receipt of their request and their customs debt in respect of the extended anti-dumping duty is to be consid- ered void as from that date. B. INFORMATION TO INTERESTED PARTIES Following the adoption of this Decision, an updated list of parties exempted pursuant to Article 7 of Regulation (EC) No 88/97 and of parties whose requests pursuant to Article 3 of that Regu- lation are under examination will be published in the the ‘C' the Official Journal of series of L 164/50 EN Official Journal of the European Communities 9. 6. 98 European Communities in accordance with Article 16(2) of that Regulation, The exemptions shall take effect in relation to each party as from the relevant date shown in the column headed ‘Date of effect'. HAS ADOPTED THIS DECISION: Article 1 The parties listed in the Annex to this Decision are hereby exempted from the extension by Regulation (EC) No 71/97, of 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. Article 2 This Decision is addressed to the Member States and to the parties listed in the Annex to this Decision. Done at Brussels, 28 May 1998. For the Commission Leon BRITTAN Vice-President 9. 6. 98 EN Official Journal of the European Communities L 164/51 ANNEX EXEMPTED PARTIES Name City Country Exemption pursuant to Regulation (EC) No 88/97 Date of effect Taric additional codes LDM Cycles SARL F-38500 Voiron France Article 5 3. 7. 1997 8331 Giant Europe Manufacturing BV NL-8218 Lelystad The Nether- lands Article 5 10. 7. 1997 8328 Magna Technology UK-WA5 2UL Warrington United Kingdom Article 5 3. 10. 1997 8525 Bikkel Bikes NL-6004 BE Weert The Nether- lands Article 5 18. 11. 1997 8749 Ludo Cycles B-3070 Kortenberg Belgium Article 5 24. 11. 1997 8750 Cicli Frera s. n. c. I-35020 Arzergrande (PD) Italy Article 5 18. 2. 1998 8205