HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
26.9.2012 Official
Journal
of
the
European
Union L
258/21
COMMISSION REGULATION (EU) No 875/2012
of 25 September 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Implementing Regulation (EU) No 990/2011 on imports of bicycles
originating in the People's Republic of China by imports of bicycles consigned from Indonesia,
Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka
and Tunisia or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
declared as originating in Indonesia, Malaysia, Sri Lanka
and Tunisia or not, currently falling within the same CN
codes as the product concerned ('the product under
Having regard to the Treaty on the Functioning of the European
investigation').
Union,
C. EXISTING MEASURES
Having regard to Council Regulation (EC) No 1225/2009 of
(5) The
measures
currently
in
force
and
possibly
being
30 November 2009 on protection against dumped imports
circumvented are anti-dumping measures imposed by
from countries not members of the European Community ( 1 )
Council Implementing Regulation (EU) No 990/2011 ( 2 )
(‘the basic Regulation’) and in particular Articles 13(3) and 14(5)
imposing a definitive anti-dumping duty on imports of
thereof,
bicycles originating in the People's Republic of China
following an expiry review pursuant to Article 11(2) of
Regulation (EC) No 1225/2009 of the measures imposed
After having consulted the Advisory Committee in accordance
by Council Implementing Regulation (EU) No
with Articles 13(3) and 14(5) of the basic Regulation,
1524/2000 ( 3 ) and amended by Council Regulation
(EC) No 1095/2005 ( 4 ).
Whereas:
D. GROUNDS
(6) The
request
contains
sufficient prima facie evidence that
A. REQUEST
the anti-dumping measures on imports of bicycles orig
inating in the People’s Republic of China are being
(1) The
European
Commission
('the Commission') has
circumvented by means of transhipment via Indonesia,
received a request pursuant to Articles 13(3) and 14(5)
Malaysia, Sri Lanka and Tunisia and by means of
of the basic Regulation to investigate the possible circum
assembly operations of certain bicycle parts from the
vention of the anti-dumping measures imposed on
People’s Republic of China in accordance with Art 13.2
imports of bicycles originating in the People's Republic
of the basic Regulation via Indonesia, Sri Lanka and
of China and to make imports of bicycles consigned
Tunisia.
from Indonesia, Malaysia, Sri Lanka and Tunisia,
whether declared as originating in Indonesia, Malaysia,
Sri Lanka and Tunisia or not, subject to registration.
(7) The prima facie evidence submitted is as follows:
(8) The
request
shows
that
a
significant
change
in
the
(2) The
request
was
lodged
on
14
August
2012
by
the
pattern of trade involving exports from the People's
European Bicycle Manufacturers Association (EBMA) on
Republic of China, Indonesia, Malaysia, Sri Lanka and
behalf of In Cycles – Montagem e Comercio de Bicicletas,
Tunisia to the Union has taken place following the
Ldo, SC. EUROSPORT DHS S.A. and MAXCOM Ltd,
increase of the anti-dumping duty on the product
three Union producers of bicycles.
concerned imposed by Council Regulation (EC)
1095/2005, without sufficient due cause or justification
for such a change other than the imposition of the duty.
B. PRODUCT
(3) The
product
concerned
by
the
possible
circumvention
is (9) This
change
appears
to
stem
from
the
transhipment
of
bicycles and other cycles (including delivery tricycles, but
bicycles originating in the People's Republic of China via
excluding unicycles), not motorised, currently falling
Indonesia, Malaysia, Sri Lanka and Tunisia to the Union
within CN codes 8712 00 30 and ex 8712 00 70
and from assembly operations in Indonesia, Sri Lanka
(TARIC code 8712 00 70 90) and originating in the
and Tunisia.
People’s Republic of China ('the product concerned').
(10) Furthermore,
the
request
contains
sufficient prima facie
evidence that the remedial effects of the existing anti-
(4)
The product under investigation is the same as that
dumping measures on the product concerned are being
defined in the previous recital, but consigned from
Indonesia, Malaysia, Sri Lanka and Tunisia, whether
( 2 ) OJ L 261, 6.10.2011, p. 2.
( 3 ) OJ L 175, 14.7.2000, p. 39
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 4 ) OJ L 183, 14.7.2005, p. 1.

---

L 258/22
EN
Official Journal of the European Union
26.9.2012
undermined both in terms of quantity and price.
(b) Collection of information and holding of hearings
Significant volumes of imports of the product under
investigation appear to have replaced imports of the
(17) All
interested
parties
are
hereby
invited
to
make
their
product concerned. In addition, there is sufficient
views known in writing and to provide supporting
evidence that imports of the product under investigation
evidence. Furthermore, the Commission may hear
are made at prices below the non-injurious price estab
interested parties, provided that they make a request in
lished in the investigation that led to the existing
writing and show that there are particular reasons why
measures.
they should be heard.
(c) Exemption of registration of imports or measures
(11) Finally,
the
request
contains
sufficient prima facie evidence
that the prices of the product under investigation are
(18) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
dumped in relation to the normal value previously estab
imports of the product under investigation may be
lished for the product concerned.
exempted from registration or measures if the
importation does not constitute circumvention.
(12) Should
circumvention
practices
via
Indonesia,
Malaysia,
(19) Since the possible circumvention takes place outside the
Sri Lanka and Tunisia covered by Article 13 of the basic
Union, exemptions may be granted, in accordance with
Regulation, other than transhipment and assembly oper
Article 13(4) of the basic Regulation, to producers in
ations be identified in the course of the investigation, the
Indonesia, Malaysia, Sri Lanka and Tunisia of bicycles
investigation may also cover these practices.
and other cycles (including delivery tricycles, but
excluding unicycles), not motorised, that can show that
they are not related ( 1 ) to any producer subject to the
measures (
E.

2 ) and that are found not to be engaged in
PROCEDURE
circumvention practices as defined in Articles 13(1) and
13(2) of the basic Regulation. Producers wishing to
(13) In light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an
obtain an exemption should submit a request duly
investigation pursuant to Article 13(3) of the basic Regu
supported by evidence within the time-limit indicated
lation and to make imports of the product under inves
in Article 3(3) of this Regulation.
tigation, whether declared as originating in Indonesia,
Malaysia, Sri Lanka and Tunisia or not, subject to regis
tration, in accordance with Article 14(5) of the basic
F. REGISTRATION
Regulation.
(20) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
of the product under investigation shall be made subject
to registration in order to ensure that, should the inves
(a) Questionnaires
tigation result in findings of circumvention, anti-dumping
duties of an appropriate amount can be levied from the
(14) In
order
to
obtain
the
information
it
deems
necessary
for
date on which registration of such imports consigned
its investigation, the Commission will send question
from Indonesia, Malaysia, Sri Lanka and Tunisia was
naires to the known exporters/producers and to the
imposed.
known associations of exporters/producers in Indonesia,
Malaysia, Sri Lanka and Tunisia, to the known exporters/
producers and to the known associations of exporters/
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
2454/93 concerning the implementation of the Community
producers in the People's Republic of China, to the
Customs Code, persons shall be deemed to be related only if:
known importers and to the known associations of
(a) they are officers or directors of one another's businesses;
importers in the Union and to the authorities of the
(b) they are legally recognized partners in business; (c) they are
People's Republic of China, Indonesia, Malaysia, Sri
employer and employee; (d) any person directly or indirectly
Lanka and Tunisia. Information, as appropriate, may
owns, controls or holds 5% or more of the outstanding voting
stock or shares of both of them; (e) one of them directly or indi
also be sought from the Union industry.
rectly controls the other; (f) both of them are directly or indirectly
controlled by a third person; (g) together they directly or indirectly
control a third person; or (h) they are members of the same family.
Persons shall be deemed to be members of the same family only if
(15) In
any
event,
all
interested
parties
should
contact
the
they stand in any of the following relationships to one another:
Commission forthwith, but not later than the time-limit
(i) husband and wife, (ii) parent and child, (iii) brother and sister
set in Article 3 of this Regulation, and request a ques
(whether by whole or half blood), (iv) grandparent and grandchild,
(v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-
tionnaire within the time-limit set in Article 3(1) of this
law or daughter-in-law, (vii) brother-in-law and sister-in-law.
Regulation, given that the time-limit set in Article 3(2) of
(OJ L 253, 11.10.1993, p. 1). In this context 'person' means any
this Regulation applies to all interested parties.
natural or legal person.
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
inating in the People’s Republic of China (the original anti-
dumping measures), an exemption may still be granted if there is
(16) The authorities of the People's Republic of China,
no evidence that the relationship with the companies subject to the
Indonesia, Malaysia, Sri Lanka and Tunisia will be
original measures was established or used to circumvent the original
notified of the initiation of the investigation.
measures.

---

EN
26.9.2012 Official
Journal
of
the
European
Union L
258/23
G. TIME-LIMITS
K. HEARING OFFICER
(21) In the interest of sound administration, time-limits
(28) Interested
parties
may
request
the
intervention
of
the
should be stated within which:
Hearing Officer of the Directorate-General for Trade.
The Hearing Officer acts as an interface between the
interested parties and the Commission investigation
— interested parties may make themselves known to the
services. The Hearing Officer reviews requests for access
Commission, present their views in writing and
to the file, disputes regarding the confidentiality of docu
submit questionnaire replies or any other information
ments, requests for extension of time-limits and requests
to be taken into account during the investigation,
by third parties to be heard. The Hearing Officer may
organise a hearing with an individual interested party and
mediate to ensure that the interested parties' rights of
— producers in Indonesia, Malaysia, Sri Lanka and
defence are being fully exercised.
Tunisia may request exemption from registration of
imports or measures,
(29) A
request
for
a
hearing
with
the
Hearing
Officer
should
be made in writing and should specify the reasons for the
— interested parties may make a written request to be
request. The Hearing Officer will also provide oppor
heard by the Commission.
tunities for a hearing involving parties to take place
which would allow different views to be presented and
rebuttal arguments offered.
(22) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
(30) For
further
information
and
contact
details
interested
on the party's making itself known within the time-limits
parties may consult the Hearing Officer's web pages on
laid down in Article 3 of this Regulation.
the Directorate-General for Trade's website: http://ec.
europa.eu/trade/tackling-unfair-trade/hearing-officer/
index_en.htm.,
H. NON-COOPERATION
(23) In
cases
in
which
any
interested
party
refuses
access
to
or
HAS ADOPTED THIS REGULATION:
does not provide the necessary information within the
time-limits, or significantly impedes the investigation,
Article 1
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
An investigation is hereby initiated pursuant to Article 13(3) of
the basis of the facts available.
Regulation (EC) No 1225/2009, in order to determine if
imports into the Union of bicycles and other cycles (including
delivery tricycles, but excluding unicycles), not motorised,
(24) Where
it
is
found
that
any
interested
party
has
supplied
consigned from Indonesia, Malaysia, Sri Lanka and Tunisia,
false or misleading information, the information shall be
whether declared as originating in Indonesia, Malaysia, Sri
disregarded and use may be made of facts available.
Lanka and Tunisia or not, currently falling within CN codes
ex 8712 00 30
and
ex 8712 00 70
(TARIC
code
8712 00 30 10 and 8712 00 70 91) are circumventing the
(25) If
an
interested
party
does
not
cooperate
or
cooperates
measures imposed by Council Implementing Regulation (EU)
only partially and findings are therefore based on the
No 990/2011
facts available in accordance with Article 18 of the
basic Regulation, the result may be less favourable to
that party than if it had cooperated.
Article 2
The Customs authorities shall, pursuant to Article 13(3) and
I. SCHEDULE OF THE INVESTIGATION
Article 14(5) of Regulation (EC) No 1225/2009, take the appro
priate steps to register the imports into the Union identified in
(26) The investigation will be concluded, pursuant to
Article 1 of this Regulation.
Article 13(3) of the basic Regulation, within nine
months of the date of the publication of this Regulation
Registration shall expire nine months following the date of
in the Official Journal of the European Union.
entry into force of this Regulation.
J. PROCESSING OF PERSONAL DATA
The Commission, by regulation, may direct Customs authorities
to cease registration in respect of imports into the Union of
(27) It
is
noted
that
any
personal
data
collected
in
this
inves
products manufactured by producers having applied for an
tigation will be treated in accordance with Regulation
exemption of registration and having been found to fulfil the
(EC) No 45/2001 of the European Parliament and of
conditions for an exemption to be granted.
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
Article 3
data by the Community institutions and bodies and on
the free movement of such data ( 1 ).
1. Questionnaires
must
be
requested
from
the
Commission
within 15 days from publication of this Regulation in the
( 1 ) OJ L 8, 12.1.2001, p. 1.
Official Journal of the European Union.

---

L 258/24
EN
Official Journal of the European Union
26.9.2012
2. Interested
parties,
if
their
representations
are
to
be
taken parties may consult the relevant web page on the website of the
into account during the investigation, must make themselves
Directorate-General for Trade: http://ec.europa.eu/trade/tackling-
known by contacting the Commission, present their views in
unfair-trade/trade-defence.
writing and submit questionnaire replies or any other
information within 37 days from the date of the publication
of this Regulation in the Official Journal of the European Union,
All written submissions, including the information requested in
unless otherwise specified.
this Regulation, questionnaire replies and correspondence
provided by interested parties on a confidential basis must be
labelled as 'Limited' ( 1 ) and, in accordance with Article 19(2) of
3. Producers
in
Indonesia,
Malaysia,
Sri
Lanka
and
Tunisia the basic Regulation, must be accompanied by a non-
requesting exemption from registration of imports or measures
confidential version, which must be labelled 'For inspection by
must submit a request duly supported by evidence within the
interested parties'.
same 37-day time-limit.
Commission address for correspondence:
4. Interested parties may also apply to be heard by the
Commission within the same 37-day time-limit.
European Commission
Directorate-General for Trade
5. Interested
parties
are
required
to
make
all
submissions
and
Directorate H
requests in electronic format (non-confidential submissions via
Office: N105 08/020
e-mail, confidential ones on CD-R/DVD), and must indicate
1049 Bruxelles/Brussel
their name, address, e-mail address, telephone and fax
BELGIQUE/BELGI
numbers. However, any Powers of Attorney, signed certifi
cations, and any updates thereof, accompanying questionnaire
Fax +32 22985353
replies must be submitted on paper, i.e. by post or by hand, at
E-mail: TRADE-R563-BICYCLES-CIRC@ec.europa.eu
the address below. If an interested party cannot provide its
submissions and requests in electronic format, it must
Article 4
immediately inform the Commission in compliance with
Article 18(2) of the basic Regulation. For further information
This Regulation shall enter into force on the day following that
concerning correspondence with the Commission, interested
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 September 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) A 'Limited' document is a document which is considered confidential
pursuant to Article 19 of Council Regulation (EC) No 1225/2009
(OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-Dumping
Agreement). It is also a document protected pursuant to Article 4 of
Regulation (EC) No 1049/2001 of the European Parliament and of
the Council (OJ L 145, 31.5.2001, p. 43).

---

Document Outline

• �

---