HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 343/86
EN
Official Journal of the European Union
23.12.2011
COMMISSION DECISION
of 19 December 2011
granting certain parties an exemption from the extension to certain bicycle parts of the anti-
dumping duty on bicycles originating in the People’s Republic of China imposed by Council
Regulation (EEC) No 2474/93, lifting the suspension and revoking the exemption of the payment
of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of
China granted to certain parties pursuant to Commission Regulation (EC) No 88/97
(notified under document C(2011) 9473)
(2011/876/EU)
THE EUROPEAN COMMISSION,
successive lists of bicycle assemblers ( 6 ) for which the
payment of the extended anti-dumping duty in respect
of their imports of essential bicycle parts declared for free
Having regard to the Treaty on the Functioning of the European
circulation was suspended pursuant to Article 5(1) of the
Union,
exemption Regulation.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
(2)
Following the last publication of the list of parties under
from countries not members of the European Community ( 1 )
examination (
(the ‘basic Regulation’),

7 ), a main period of examination has been
selected. This period runs from 1 January 2011 to
31 July 2011. Additional information from the years
2009 and 2010 was also requested. A questionnaire
Having regard to Council Regulation (EC) No 71/97 ( 2 ) (the
requesting information on the assembly operations
‘extending Regulation’), extending the definitive anti-dumping
conducted during the relevant period was sent to all
duty imposed by Council Regulation (EEC) No 2474/93 ( 3 ) on
parties under examination.
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
Commission Regulation (EC) No 703/96 ( 4 ),
(3) The
Commission
was
also
informed
of
the
liquidation
of
one company which was exempted from the extended
Having regard to Commission Regulation (EC) No 88/97 (
anti-dumping duty on bicycle parts. Furthermore, one

5 ) (the
‘exemption Regulation’) on the authorisation of the exemption
company informed the Commission that it had stopped
of imports of certain bicycle parts originating in the People’s
its assembly operations.
Republic of China from the extension by Regulation (EC)
No 71/97 of the anti-dumping duty imposed by Regulation
(EEC) No 2474/93, and in particular Article 7 thereof,
A. REQUESTS FOR EXEMPTION FOR WHICH
SUSPENSION WAS PREVIOUSLY GRANTED
After consulting the Advisory Committee,
A.1. Acceptable requests for exemption
Whereas:
(4) The
Commission
received
from
the
parties
listed
in
table
1 below all the information required for the deter
mination of the admissibility of their requests. These
parties had already received their suspension with effect
(1) After
the
entry
into
force
of
the
exemption
Regulation,
a
from the day of receipt by the Commission of a first
number of bicycle assemblers submitted requests
complete request. Based on this information, the
pursuant to Article 3 of the exemption Regulation for
Commission found that the requests submitted by the
exemption from the anti-dumping duty as extended to
parties listed in table 1 below are admissible pursuant
imports of certain bicycle parts from the People’s
to Article 4(1) of the exemption Regulation.
Republic of China by Regulation (EC) No 71/97 (the
‘extended anti-dumping duty’). The Commission has
published in the Official Journal of the European Union
( 6 ) OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220,
19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998,
p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216,
( 1 ) OJ L 343, 22.12.2009, p. 51.
28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002,
( 2 ) OJ L 16, 18.1.1997, p. 55.
p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54,
( 3 ) OJ L 228, 9.9.1993, p. 1. Regulation as maintained by Regulation
2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006,
(EC) No 1524/2000 (OJ L 175, 14.7.2000, p. 39) and amended by
p. 16 and OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73,
Regulation (EC) No 1095/2005 (OJ L 183, 14.7.2005, p. 1).
OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314,
( 4 ) OJ L 98, 19.4.1996, p. 3.
1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99.
( 5 ) OJ L 17, 21.1.1997, p. 17.
( 7 ) OJ L 136, 24.5.2011, p. 99.

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EN
23.12.2011 Official
Journal
of
the
European
Union L
343/87
Table 1
Name Address Country
TARIC additional
code
Blue Factory Team S.L. CL
Torres
y
Villaroel
6,
Elche
Parque
Industrial,
Spain A984
03320 Alicante
CODE X Sp. z o.o. Olszanka
109,
33-386
Podegrodzie Poland A966
JETLANE SAS (initially JET’LEAN 4, boulevard de Mons, 59650 Villeneuve-d’Ascq France A968
SAS)
Kwasny & Diekhner GmbH Herforder
Strasse
331,
33609
Bielefeld Germany A993
Maxtec Ltd 1
Golyamokonarsko
shose
Str.,
4204
Tsaratsovo,
Bulgaria A991
Plovdiv
Metelli di Staffoni Mario & Via Trento 68, 25030 Trenzano (BS) Italy A979
C.S.A.S.
Müller GmbH Riedlerweg
7,
8054
Graz Austria A978
(initially
A977)
Unicykel AB Ards
Industrievg
14,
422
43
Hisings
Backa Sweden A967
(5) It
was
established
during
the
examination
that
for
all
of
suspension period the company changed its name to
the applicants the value of the parts originating in the
JETLANE SAS. This change of name does not affect the
PRC used in their assembly operations was lower than
initial request for suspension or the decision on the
60 % of the total value of the parts used in those
exemption.
operations. Consequently, they fall outside the scope of
Article 13(2) of the basic Regulation.
(10) TARIC additional code A977 initially given to the
company Müller GmbH was erroneously attributed
(6) For
this
reason,
and
in
accordance
with
Article
7(1)
of
twice and had to be withdrawn. On 3 June 2010 the
the exemption Regulation, the parties listed in table 1
company received TARIC additional code A978. This
above should be exempted from the extended anti-
change of code does not affect the initial request for
dumping duty.
suspension or the decision on the exemption.
(7) In
accordance
with
Article
7(2)
of
the
exemption
Regu
A.2. Rejected requests for exemption
lation, the exemption of the parties listed in table 1
above from the extended anti-dumping duty should
(11) The
party
listed
in
table
2
below
also
submitted
a
request
take effect as from the date of receipt of their requests.
for exemption from the extended anti-dumping duty.
In addition, their customs debt in respect of the extended
anti-dumping duty is to be considered void as from the
date of receipt of their requests for exemption.
Table 2
TARIC
Name Address Country
additional
(8) The
company
CODE
X
Sp.
z
o.o.
changed
its
address
code
during the examination procedure. The company
received its suspension under the address ul. Krolewska
Bikeworks AC Ernst-Abbe-Strasse
Germany A980
16, 00-103 Warszawa, Poland. During the suspension
GmbH
28, 52249 Esch
period the address changed to Olszanka 109, 33-386
weiler
Podegrodzie, Poland. This change of address does not
affect the initial request for suspension or the decision
on the exemption.
(12) The
party
in
question
assembled
bicycles
as
subcon
tractor and not in its own name. The company had no
(9) The
company
JETLANE
SAS
changed
its
name
during
the
purchases of parts and it could not be evaluated if the
examination procedure. The company was initially
assembly operations complied with the conditions set
suspended under its name JET’LEAN SAS. During the
out in Article 7(1) of the exemption Regulation.

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L 343/88
EN
Official Journal of the European Union
23.12.2011
(13) On
these
grounds
the
Commission
has
to
reject
its
Name Address Country
request, in accordance with Article 7(3) of the
exemption Regulation. Consequently, the suspension of
Kleinebenne GmbH Hansastrasse
22,
Germany
the payment of the extended anti-dumping duty referred
33818
to in Article 5 of the exemption Regulation must be
Leopoldshhe
lifted and the extended anti-dumping duty collected as
from the date of receipt of the request for exemption
MOBIKY-TECH 675,
Promenade
France
submitted by this party, i.e. the date as of which the
des Ports, 50000
suspension took effect.
Saint-L
MOVITEC SRL Jud.
Brasov,
Romania
Aeroportului Street
A.3. Revocations
2, 507075
Ghimbav
(14) For the parties listed in table 3 below the exemption is to
be revoked.
Sun Baby Jacek Gabrus Ul.
Jana
Styki
12, Poland
64-920 Pila
Table 3
TORPADO S.R.L. Viale
Enzo
Ferrari
Italy
11, 30014
TARIC
Cavarzere (VE)
Name Address Country
additional
code
Bicicletas de C/Arcacha 1,
Spain 8963
Alava SL
01006 Vitoria
(17) One of these parties is an assembler of electrical bicycles
whose imports are not subject to anti-dumping duty on
Fundador-
Apartado, 26,
Portugal 8244
bicycle parts according to Regulation (EC) No 71/97. This
Sociedade
P-3781-908
party is not eligible for an exemption. For some parties
Importadora
Sangalhos
the supply of parts for the production of bicycles covered
de Sangalhos,
by the measures according to Regulation (EC) No 71/97
Lda.
falls within the de minimis threshold of less than 300
units on a monthly basis as specified in Article 14(c)
of the exemption Regulation. Consequently, those
parties did not meet the conditions of Article 4.1(a) of
(15) These
parties
were
exempted
from
the
extended
anti-
the exemption Regulation and an exemption could not
dumping duty on bicycle parts. One party now
be granted. Some other parties had not started the
informed the Commission services that it had stopped
production of bicycles yet and hence no suspension
its assembly operations. Following an enquiry, the
could be granted to them.
Commission services were informed by a Court in
Portugal that the other party had been liquidated. For
both parties exemption should be revoked.
(18) All
companies
listed
in
tables
1-4
above
were
informed
and given the opportunity to comment. None of the
comments received were such as to alter the conclusions
B.
REQUESTS FOR EXEMPTION FOR WHICH
set out in this Decision,
SUSPENSION WAS NOT PREVIOUSLY GRANTED
B.1. Inadmissible requests for exemption
(16) The
parties
listed
in
table
4
also
submitted
requests
for
HAS ADOPTED THIS DECISION:
exemption from the payment of the extended anti-
dumping duty:
Article 1
Table 4
The parties listed below in table 1 are hereby exempt from the
extension to imports of certain bicycle parts from the People’s
Name Address Country
Republic of China by Regulation (EC) No 71/97 of the definitive
anti-dumping duty on bicycles originating in the People’s
Apollo Electric Bikes B.V. Leemstraat
6,
4705 The
Republic of China imposed by Regulation (EEC) No 2474/93,
RH Roosendaal
Netherlands
last amended and maintained by Regulation (EC)
No 1095/2005.
IN CYCLES, Montagem e Zona Industrial de
Portugal
Comércio de Bicicletas
Oi, Lote A e B,
Lda.
Apartado 175,
3770-059 Oi
The exemption shall take effect in relation to each party as from
the relevant date shown in the column headed ‘Date of effect’.

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EN
23.12.2011 Official
Journal
of
the
European
Union L
343/89
Table 1
List of parties to be exempt
Exemption
Name Address Country
pursuant to
Regulation (EC) Date of effect
TARIC
additional code
No 88/97
Blue Factory Team S.L. CL Torres y Villaroel 6, Elche Spain Article
7 16.7.2010 A984
Parque Industrial, 03320
Alicante
CODE X Sp. z o.o. Olszanka
109,
33-386
Pode Poland Article
7 22.1.2010 A966
grodzie (initially ul. Krolewska
16, 00-103 Warszawa)
JETLANE SAS (initially 4, boulevard de Mons, 59650 France Article
7 18.2.2010 A968
JET’LEAN SAS)
Villeneuve-d’Ascq
Kwasny & Diekhner Herforder Strasse 331, 33609 Germany Article
7 5.7.2011 A993
GmbH
Bielefeld
Maxtec Ltd 1
Golyamokonarsko
shose
Str.,
Bulgaria Article
7 15.10.2010 A991
4204 Tsaratsovo, Plovdiv
Metelli di Staffoni Via Trento 68, 25030 Trenzano Italy Article
7 13.4.2010 A979
Mario & C.S.A.S.
(BS)
Müller GmbH Riedlerweg
7,
8054
Graz Austria Article
7 30.3.2010 A978
(initially
A977)
Unicykel AB Ards
Industrievg
14,
422
43
Sweden Article
7 11.1.2010 A967
Hisings Backa
Article 2
The request for exemption from the extended anti-dumping duty submitted pursuant to Article 3 of
Regulation (EC) No 88/97 by the party listed below in table 2 is hereby rejected.
The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC)
No 88/97 is hereby lifted for the party concerned as from the relevant date shown in the column headed
‘Date of effect’.
Table 2
List of parties for which the suspension is to be lifted
Suspension
Name Address Country
pursuant to
Regulation (EC) Date of effect
TARIC
additional code
No 88/97
Bikeworks AC GmbH Ernst-Abbe-Strasse
28,
52249 Germany Article
5 11.6.2010 A980
Eschweiler
Article 3
The exemptions from the payment of the extended anti-dumping duty pursuant to Article 7 of Regulation
(EC) No 88/97 for the parties listed below in table 3 are to be revoked pursuant to Article 10 of the
exemption Regulation.
The exemption from the payment of the extended anti-dumping duty is hereby lifted for the parties
concerned as from the relevant date shown in the column headed ‘Date of effect’.

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L 343/90
EN
Official Journal of the European Union
23.12.2011
Table 3
List of parties for which the exemption is to be lifted
Exemption
Name Address Country
pursuant to
Regulation (EC)
Date of effect
TARIC
additional code
No 88/97
Bicicletas de Alava SL C/Arcacha 1, 01006 Spain Article
7 1
day
after
publication 8963
Vitoria
of the present Decision
Fundador-Sociedade
Apartado, 26,
Portugal Article
7 1
day
after
publication 8244
Importadora
P-3781-908
of the present Decision
de Sangalhos, Lda.
Sangalhos
Article 4
Name Address Country
The requests for exemption from the extended anti-dumping
MOVITEC SRL Jud.
Brasov, Romania
duty made by the parties listed below in table 4 are hereby
Aeroportului Street 2,
rejected.
507075 Ghimbav
Sun Baby Jacek Gabrus Ul.
Jana
Styki
12, Poland
64-920 Pila
TORPADO S.R.L. Viale
Enzo
Ferrari
11,
Italy
Table 4
30014 Cavarzere (VE)
List of parties for which the request for exemption is rejected
Name Address Country
Article 5
Apollo Electric Bikes B.V. Leemstraat
6,
4705 The Netherlands
RH Roosendaal
This Decision is addressed to the Member States and to the
parties listed in Articles 1, 2, 3 and 4. It is also published in
IN CYCLES, Montagem e
Zona Industrial de Oi, Portugal
the Official Journal of the European Union.
Comércio de Bicicletas Lda. Lote A e B, Apartado
175, 3770-059 Oi
Done at Brussels, 19 December 2011.
Kleinebenne GmbH Hansastrasse
22, Germany
33818 Leopoldshhe
For the Commission
MOBIKY-TECH 675,
Promenade
des
France
Karel DE GUCHT
Ports, 50000 Saint-L
Member of the Commission

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