17.12.2015   

EN

Official Journal of the European Union

L 331/30

(1)

An anti-dumping duty currently applies on imports into the European Union of essential bicycle parts originating in the People's Republic of China (‘the extended duty’) as a result of the extension by Regulation (EC) No 71/97 (‘the extending Regulation’) of the anti-dumping duty on imports of bicycles originating in the People's Republic of China (‘China’).

(2)

Under Article 3 of the extending Regulation, the European Commission (‘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 contained in Regulation (EC) No 88/97 (‘the exemption Regulation’) 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 the exemption Regulation, the Commission has published in the Official Journal of the European Union successive lists of the exempted parties (4).

(6)

The most recent Commission Implementing Decision concerning exemptions under the exemption Regulation was adopted on 16 April 2014 (5).

(7)

Moreover following the screening initiated by Commission Notice 2014/C-299/08 (6) the Commission updated the list of exempted parties through the Commission Implementing Regulation (EU) 2015/831 (7).

(8)

The Commission received from the parties listed in Tables 1, 2 and 4 below the requests for exemption with all the information required to determine that these were admissible pursuant to Article 4(1) of the exemption Regulation.

(9)

These parties were given an opportunity to comment on the Commission's conclusions as to the admissibility of their requests.

(10)

Pursuant to Article 5(1) of the exemption Regulation pending a decision on the merits of requests from these parties the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the Commission received their requests.

(11)

The examination of the merits of the requests from the parties listed in Table 1 has been concluded.

Table 1

(12)

The Commission established during this examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts used in these parties' assembly operations.

(13)

Consequently, their assembly operations fall outside the scope of Article 13(2) of Regulation (EC) No 1225/2009.

(14)

For that reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in Table 1 should be exempted from the extended duty.

(15)

In accordance with Article 7(2), their exemptions should take effect as from the date of receipt of their requests and, in addition, their customs debts in respect of the extended duty should be considered void from the same date.

(16)

These parties were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon.

(17)

Since the exemptions will apply only to the parties specifically referred to in Table 1 with their names and addresses, the exempted parties should notify the Commission (8) forthwith, of any changes to these (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities).

(18)

In such case, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.

(19)

The examination of the merits of the request from the party listed in Table 2 has been concluded.

Table 2

(20)

The Commission established during this examination that the value of the bicycle parts originating in China constituted more than 60 % of the total value of the parts used in this party's assembly operations, while the party did not demonstrate that value added to the parts brought in during the assembly operation, was greater than 25 % of the manufacturing cost.

(21)

Consequently, this party's assembly operations fall within the scope of Article 13(2) of Regulation (EC) No 1225/2009 and the criteria for exemption are not fulfilled.

(22)

On these grounds and pursuant to with Article 7(3) of the exemption Regulation, the Commission has to reject this party's request and lift the suspension of the payment of the extended duty referred to in Article 5 of the exemption Regulation.

(23)

Consequently, the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party; that is the date on which the suspension took effect.

(24)

This party was informed of the Commission's conclusions on the merits of its request and was given an opportunity to comment thereon. No comments were submitted within the deadline.

(25)

What is said in the preceding recitals does not exclude the application of an exemption subject to end-use control in accordance with Article 14 of the exemption Regulation.

(26)

The exempted party listed in Table 3 came forward and informed the Commission that its legal form and name have changed. The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in the exemption Regulation.

(27)

While the exemption of this party from the extended duty authorised pursuant to Article 7(1) of the exemption Regulation remain unaffected, the references to this party should be updated.

Table 3

(28)

The examination of the merits of the request from the parties listed in Table 4 is pending. Pending a decision on the merits of their requests from these parties the payment of extended duty by these parties is suspended.

(29)

Since the suspensions apply only to the parties specifically referred to in Table 4 with their names and addresses, these parties should notify the Commission (9) forthwith, of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities).

(30)

In such case, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.

Table 4