Commission Implementing Decision (EU) 2018/477

Contents

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^note, 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^note, and in particular Article 3 thereof,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^note, and in particular Articles 4 to 7 thereof,After informing the Member States,Whereas:

(1)Currently 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 by Regulation (EC) No 71/97 of the anti-dumping duty on imports of bicycles originating in China. The extended duty was lastly maintained by Council Regulation (EU) No 502/2013^note.

(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 this 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^note.

(6)The most recent Commission Implementing Decision concerning exemptions under Regulation (EC) No 88/97 was adopted on 22 February 2017^note.

HAS ADOPTED THIS DECISION:

Article 1 #

For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 shall apply.

Article 2 #

The parties listed in Table 1 below are hereby exempted from the extension by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People's Republic of China imposed by Council Regulation (EEC) No 2474/93^note to imports of certain bicycle parts from the People's Republic of China.In accordance with Article 7(2) of Regulation (EC) No 88/97 the exemptions shall take effect as from the dates of receipt of the parties' requests. These dates are provided for in the column headed ‘Date of effect’ in Table 1 below.The exemptions shall apply only to the parties specifically referred to in Table 1 with their names and addresses.The exempted parties shall notify the Commission without delay of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of exemption.Table 1Exempted partiesTARIC additional code | Name | Address | Date of effectC003 | Interbike Spółka z o.o. | ul. Śląska 6/5,PL-42-200 Częstochowa, Poland | 18.12.2014C102 | Uno Bike B.V. | Bovendijk 213,NL-3045 PD Rotterdam, The Netherlands | 24.11.2015C128 | Slavomir Sladek Velosprint S | Trnavská 40,SK-949 01 Nitra, Slovak Republic | 14.4.2016

Article 3 #

Updated references to the exempted parties listed in Table 2 below are provided for in the column headed ‘New reference’. These updates shall take effect as from the dates provided for in the column headed ‘Date of effect’.The corresponding TARIC additional codes previously attributed to these exempted parties as provided for in the column headed ‘TARIC additional code’ in Table 2 below remain unchanged.Table 2Exempted parties for which the reference shall be updatedTARIC additional code | Former reference | New reference | Date of effect8009 | MIFA-Bike GmbHKyselhäuser Strasse 23DE-06526 Sangerhausen, Germany | Sachsenring Bike Manufaktur GmbHKyselhäuser Strasse 23DE-06526 Sangerhausen, Germany | 24.8.2017A571 | Sprick Rowery Sp. z o.o.ul. Świerczewskiego 76PL-66-200 Świebodzin, Poland | Sprick Rowery Sp. z o.o.ul. Zachodnia 76PL-66-200 Świebodzin, Poland | 20.7.2017C053 | Firma Handlowo-Usługowo-Produkcyjna Trans- Rower Roman TylecDąbie 47,PL-39-311 Zdziarzec, Poland | Trans-Rower Roman TylecDąbie 54d,PL-39-311 Zdziarzec, Poland | 19.9.2017

Article 4 #

The parties listed in Table 3 below are under examination in accordance with Article 6 of Regulation (EC) No 88/97.The suspensions of payment of the extended anti-dumping duty in accordance with Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’ in Table 3 below.These suspensions shall apply only to the parties under examination specifically referred to in Table 3 with their names and addresses.The parties under examination shall notify the Commission without delay of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension.Table 3Parties under examinationTARIC additional code | Name | Address | Date of effectC049 | Cycles Sport North Ltd | 363 Leach Place, Walton Summit Centre,GB-PR5 8AS Preston, United Kingdom | 27.4.2015C170 | Hermann Hartje KG | Deichstrasse 120-122,DE-27318 Hoya, Germany | 29.9.2016C202 | VANMOOF B.V. | Mauritskade 55,NL-1092 AD Amsterdam, The Netherlands | 19.12.2016C207 | Kenstone Metal Company GmbH | Heideland 1-7,DE-24976 Handewitt-Weding, Germany | 20.3.2017C209 | Gor Kolesa, proizvodnja koles, d.o.o. | Partizanska cesta 12,SI-3320 Velenje, Slovenia | 26.4.2017C220 | Matex International Aquitaine | 6 avenue Gay Lussac,FR-33370 Artigues-près-Bordeaux, France | 9.6.2017C307 | Merida Polska Sp. z o.o. | ul. Marii Skłodowskiej-Curie 35,PL-41-800 Zabrze, Poland | 14.6.2017C311 | Juan Luna Cabrera | C/Alhama 64,ES-14900 Lucena (Cordoba), Spain | 4.10.2017

Article 5 #

The suspension of the payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the party listed in Table 4 below.The extended duty should be collected as from the date on which the suspension took effect. This date is provided for in the column headed ‘Date of effect’ in Table 4 below.Table 4Party for which the suspension is liftedTARIC additional code | Name | Address | Date of effectC169 | Pelago MFG oy | Tyynenmerenkatu 6 L3,FI-00220 Helsinki, Finland | 23.9.2016

Article 6 #

The authorisation of the exemption of payment of the extended anti-dumping duty is hereby revoked the party listed in Table 5 below.The extended duty should be collected as from the date on which the revocation of the authorisation took effect. This date is provided for in the column headed ‘Date of effect’ in Table 5 below.Table 5Party for which the exemption is revokedTARIC additional code | Name | Address | Date of effectA549 | Alliance Bikes Sp. z o.o. | ul. Tadeusza Borowskiego 2,PL-03-475 Warszawa, Poland | 21.2.2017

Article 7 #

This Decision is addressed to the Member States and to the parties listed in Articles 2, 3, 4, 5 and 6. It is also published in the Official Journal of the European Union.