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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

26 September 2012

Dear Sirs,

Commercial Information Circular No. 770/2012
European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Bicycles Originating in the Mainland 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

Further to the Commercial Information Circular No. 194/2012 of 9 March 2012, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on bicycles originating in the Mainland of China by imports of such products consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not. The regulation also requires such imports to be subject to registration. The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:258:0021:0024:EN:PDF.

DETAILS

2.Salient points are set out below -

(a) Date of Publication of the Notice : 26 September 2012
(b) Product Coverage :

Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri 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).

(c) Procedures :

In order to obtain necessary information for the investigation, the Commission will send questionnaires to the known exporters/producers and associations of exporters/producers in Indonesia, Malaysia, Sri Lanka, Tunisia and the Mainland of China, to the known importers and associations of importers in the Union, and to the authorities of the Mainland of China, Indonesia, Malaysia, Sri Lanka and Tunisia. Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 26 September 2012.

All interested parties must make themselves known by contacting the Commission, present their views in writing, submit questionnaire replies or any other information and apply to be heard by the Commission within 37 days from 26 September 2012, unless otherwise specified.

Interested parties should make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must 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 inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the 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 08/20
1049 Brussels
Belgium
Fax + 32 22985353
E-mail: TRADE-R563-BICYCLES-CIRC@ec.europa.eu

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 regarding the confidentiality of documents, requests for extension of time-limits and requests 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 defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. 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) Registration of Imports :

With effect from 27 September 2012, imports of the product under investigation are subject to registration by the EU's customs authorities. The registration shall expire nine months from 27 September 2012.

The registration is to ensure that should the investigation, which will be concluded within nine months from 26 September 2012, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports consigned from Indonesia, Malaysia, Sri Lanka and Tunisia is imposed.

(e) Exemption from Registration of Imports or Measures :

Imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

Producers in Indonesia, Malaysia, Sri Lanka and Tunisia requesting exemption from registration of imports or measures must submit a request duly supported by evidence within 37 days from 26 September 2012.

BACKGROUND

3.Definitive anti-dumping duty on imports of bicycles originating in the Mainland of China has been imposed since 10 September 1993. 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.

4. 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 another five-year period from 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.

5.Currently, the Commission has initiated an interim review of the anti-dumping measures imposed on imports of bicycles originating in the Mainland of China as well as a countervailing proceeding on such products. For further details, please refer to the Commercial Information Circulars No. 194/2012 of 9 March 2012, No. 308/2012 of 27 April 2012 and No. 313/2012 of 2 May 2012.

ENQUIRIES

6.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5350.

Yours faithfully,


 

(Leo LEUNG)
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.