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
'Essential bicycle parts` within the meaning of this Regulation are:
- Painted or anodized or polished and/or lacquered bicycle frames currently classifiable under CN code ex 8714 91 10,
- Painted or anodized or polished and/or lacquered bicycle front forks currently classifiable under CN code ex 8714 91 30,
- derailleur gears (CN code 8714 99 50),
- crank-gear (CN code 8714 96 30), and
- free-wheel sprocket-wheels (CN code 8714 93 90),
whether or not presented in sets,
- other brakes (CN code 8714 94 30), and
- brake levers (CN code ex 8714 94 90),
whether or not presented in sets,
- Complete wheels with or without tubes, tyres and sprockets currently classifiable under CN code ex 8714 99 90, and
- Handlebars currently classifiable under CN code 8714 99 10, whether or not presented with a stem, brake and/or gear levers attached.
1. The definitive anti-dumping duty imposed by Regulation (EC) No 2474/93 on imports of bicycles falling within CN code 8712 00 and originating in the People's Republic of China is hereby extended to imports of essential bicycle parts originating in the People's Republic of China.
2. Essential bicycle parts which are consigned from the People's Republic of China shall be deemed to originate in that country unless it can be proven by production of an origin certificate issued in accordance with the origin provisions in force in the Community that the parts in question originate in another specific country.
Where essential bicycle parts are consigned from a country other than the People's Republic of China, customs authorities may require production of an origin certificate issued in accordance with the origin provisions in force in the Community certifying that the parts in question originate in a country other than the People's Republic of China.
3. The duty extended by paragraph 1 shall be collected on imports of essential bicycle parts originating in the People's Republic of China registered in accordance with Article 2 of Regulation (EC) No 703/96 and Article 14 (5) of Regulation (EC) No 384/96.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
1. The Commission shall, after consulting the Advisory Committee, adopt by regulation the necessary measures to authorize the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty imposed by Regulation (EEC) No 2474/93 from the duty extended by Article 2.
2. The Commission regulation shall, in particular, provide for:
- authorization of the exemption and control of imports of essential bicycle parts used by companies whose assembly operations are not circumventing,
- authorization of the exemption and control of imports of essential bicycle parts, in particular by intermediaries or with regard to their use in small quantities by small-scale operators,
- rules governing the functioning of such exemptions in accordance with the relevant customs provisions, and
- exchanges of information between customs authorities and the Commission concerning the operation of such exemptions.
3. The Commission regulation shall also provide for:
(a) the examination of whether the conditions of non-circumvention are fulfilled, in particular in case of requests by:
- parties, carrying out assembly operations, who made themselves known during the investigation but after the time-limit set out in Article 3 of Regulation (EC) No 703/96,
- parties whose assembly operations started using essential bicycle parts for the production or assembly of bicycles only after the investigation period ending on 31 March 1996,
- parties whose assembly operations were found to be circumventing during the investigation,
- other parties whose assembly operations use essential bicycle parts for the production or assembly of bicycles, and which had not made themselves known by the end of the investigation, and
(b) the necessary procedural provisions for such examination, and in particular the conditions under which future requests for an examination will be accepted. To this end, where essential bicycle parts are declared for free circulation by an assembly operation in respect of which an examination by the Commission is pending, the Commission regulation shall also make provision that:
- the payment of the customs debt incurred for the anti-dumping duty extended or to be collected pursuant to Article 2 be suspended pending the outcome of the examination by the Commission,
- where upon examination the operation is found to be non-circumventing, the customs debt arising pursuant to Article 2 be extinguished, and
- in other cases, the suspension of the customs debt be lifted.
The Commission regulation may also provide that Customs authorities may require the provision of a security when necessary to guarantee the payment of the customs debt in the event the suspension is lifted.
4. Following an examination under paragraph 3, the Commission may, where justified and after consulting the Advisory Committee, decide to authorize the exemption of the operation concerned from the extension of the measures provided for by Article 2.
5. Authorization for exemptions granted pursuant to the Commission Regulation shall have retroactive effect to the date of initiation of the present circumvention investigation, provided the party concerned made itself known during that investigation. It shall have retroactive effect to the date of the request for an authorization in other cases.
6. The Commission regulation shall also provide for the revocation of authorizations for exemption, where justified and after consulting the Advisory Committee.
Customs authorities are hereby directed to discontinue registration pursuant to Article 2 of Regulation (EC) No 703/96 and Article 14 (5) of Regulation (EC) No 384/96 of bicycle frames, forks, rims and hubs falling within CN codes 8714 91 10, 8714 91 30, 8714 92 10 and 8714 93 10 respectively.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 January 1997.
For the Council
The President
J. VAN AARTSEN
(1) OJ No L 56, 6. 3. 1996, p. 1.
(2) OJ No L 98, 19. 4. 1996, p. 3.
(3) OJ No L 228, 9. 9. 1993, p. 1.
(4) For one of the companies, the comparison was based on the turnover of assembled models sold to unrelated companies only since this company did not succeed in giving the Commission sufficiently accurate information to link related transactions to final sales in a reliable manner.
(5) OJ No L 302, 19. 10. 1992, p. 1.
(6) OJ No L 253, 11. 10. 1993, p. 1.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
