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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2/3/2/13

9 March 2012

Dear Sirs,

Commercial Information Circular No. 194/2012

European Union (EU)* : Initiation of an Interim Review of the Anti-dumping Measures on Imports of Bicycles Originating in the Mainland of China

Further to the Commercial Information Circular No. 607/2011 of 6 October 2011, the European Commission (the Commission) has announced the initiation of an interim review of the anti-dumping measures imposed on imports of bicycles originating in the Mainland of China. The notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:071:0010:0022:EN:PDF.

DETAILS

2. The Commission has decided on its own initiative to initiate the interim review investigation. According to the Commission, it has at its disposal sufficient prima facie evidence that, as far as dumping and injury are concerned, the circumstances on the basis of which the existing measures were imposed might have changed and that these changes may be of a lasting nature, and the continued imposition of measures at the existing level may no longer be appropriate to offset the effects of injurious dumping.

3. Salient points are set out below-
(a) Date of Publication of the Notice : 9 March 2012
(b) Product Coverage : Bicycles and other cycles (including delivery tricycles but excluding unicycles), not motorised, currently falling within CN codes 8712 00 30 and ex 8712 00 70.
(c) Procedures :

In view of the potentially large number of exporting producers involved in the proceeding, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting producers, or representatives acting on their behalf should provide information requested in Annex A to the notice in question, including contact details, turnover and sales volume, activities of their company/related companies, and indication of agreement to possible inclusion in the sample which implies replying to a questionnaire and accepting a visit at their premises to verify their responses. Such information should reach the Commission within 15 days from 9 March 2012, unless otherwise specified.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 9 March 2012, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China and associations of exporting producers will be notified, via the authorities of the Mainland of China if considered appropriate, of the companies selected to be in the sample. All exporting producers selected to be in the sample must submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Companies that had agreed to their possible inclusion in the sample but were not selected shall be considered to be cooperating ("non-sampled cooperating exporting producers"). Non-sampled cooperating exporting producers wishing to claim an individual dumping margin must request a questionnaire and other applicable claim forms and return them duly completed within the relevant deadlines. They must submit the completed questionnaire reply within 37 days from the date of notification of the sample selection, unless otherwise specified.

The Commission will send market economy treatment claim forms to all exporting producers in the Mainland of China selected to be in the sample and to non-sampled cooperating exporting producers who wish to apply for an individual margin, to any known association of exporting producers, as well as to the authorities of the Mainland of China. Duly substantiated claims for market economy treatment and/or for individual treatment (also to be made on the market economy treatment claim form) must reach the Commission within 21 days of the date of the notification of sample selection, unless otherwise specified.

The Commission encourages all exporting producers from the Mainland of China to make themselves known within 15 days of 9 March 2012, if they are interested in cooperating and obtaining an individual anti-dumping duty, even if they consider that they do not comply with the criteria for obtaining individual treatment.

Exporting producers claiming individual dumping margin should however note that if sampling is applied, the Commission may nonetheless decide not to determine an individual margin for them if, for instance, the number of exporting producers is so large that individual determination would be unduly burdensome and would prevent the timely completion of the investigation.

All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 9 March 2012, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services. Request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days from 9 March 2012. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

The Commission has provisionally chosen Mexico as the appropriate market economy third country for the purpose of determining the normal value of imports from the Mainland of China. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 9 March 2012.

Interested parties should make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any powers of attorney, signed certifications, and any updates thereof, accompanying market economy treatment and individual treatment claim forms or questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade (DG Trade)

(http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence/).

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorate H
Office: N105 04/092
1049 Brussels
Belgium

Fax : +32 22985353
E-mail : TRADE-R546-BICYCLES-A@ec.europa.eu (to be used by exporters, related importers, associations and representatives of the Mainland of China, producers in the market economy third country)

Interested parties may request the intervention of the Hearing Officer of DG Trade, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits, and requests by third parties to be heard. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of investigation, the request must be submitted within 15 days from 9 March 2012. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

(d) Investigation Schedule : Investigation will be concluded within 15 months from 9 March 2012.

BACKGROUND

4. Definitive anti-dumping duty on imports of bicycles originating in the Mainland of China had been imposed since 10 September 1993 at a rate of 30.6% of the net, free-at-Union-frontier price before duty. Based on the findings of a circumvention investigation, with effect from 19 January 1997, the definitive anti-dumping duty imposed on imports of bicycles originating in the Mainland of China was extended to imports of certain bicycle parts originating in the Mainland of China.

5.Consequent to an expiry review, the duty had been extended for another five years since 15 July 2000. On the basis of an interim review, the subject anti-dumping duty has been increased from 30.6% to 48.5%, and imposed for a new five-year period since 15 July 2005. Consequent to another expiry review initiated in July 2010, the duty has been extended for a further five years with effect from 7 October 2011.

ENQUIRIES

6. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Alex LI)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.



Note

  • (1) While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.
  • (2)The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
    http://www.tdctrade.com/alert/eualert.htm.