The following information is a notice of initiation of an anti-dumping proceeding concerning imports of bicycle frames originating in the People's Republic of China and Taiwan and of the initiation of an interim review of the anti-dumping measures extended to imports of certain bicycle parts originating in the People's Republic of China. The text is taken from the Official Journal of the European Union, published on Friday, 5 November.
The complaint was lodged on 21 September 1999 by the European Bicycle Manufacturers Association (EBMA) (hereinafter referred to as 'the complainant') on behalf of producers representing a major proportion, i.e. more than 55% of the total Community production of bicycle frames.
The product allegedly being dumped (hereinafter referred to as 'the product concerned') is bicycle frames.
Allegation of dumping
The allegation of dumping for Taiwan is based on a comparison of a constructed normal value with the export price of the product concerned to the Community. In accordance with Article 2(7) of the Basic Regulation, the complainant has based its allegation of dumping in respect of the People's Republic of China on a comparison of a normal value in a market economy third country (see paragraph 5(f) below) with the export price of the product concerned when sold for export to the Community. On this basis, the dumping margin calculated is significant.
Allegation of injury
The complainant has provided evidence that imports of the product concerned from the People's Republic of China and Taiwan have increased overall and in terms of market share. It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share and the level of prices charged by the Community producers, resulting in substantial adverse effects on their financial situation and on the employment situation in the Community industry.
The procedure for the determination of dumping and injury. Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the Basic Regulation.
In view of the apparent size and complexity of this proceeding, the Commission may apply sampling, in accordance with Article 17 of the Basic Regulation.
Sampling for investigation of dumping
In order 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, are hereby requested to make themselves known by contacting the Commission and by providing the following information on their company or companies within 15 days of publication of the present notice:
-Name, address, telephone and fax numbers, contact person, and the precise activities of the company with regard to the production of the product concerned.
-The turnover in local currency and the volume in units of the product concerned sold for export to the Community during the period 1 October 1998 to 30 SeptEBMA 1999.
-The names and the precise activities of all related companies, whether directly or indirectly related (i.e. companies with which they have an association or a compensatory arrangement), involved in the production and/or sale (export and/or domestic) of the product concerned. -Whether the company intends to claim an individual margin.
-For companies claiming an individual margin, the turnover in local currency and the sales volume in units for the product concerned on the domestic market during the period 1 October 1998 to 30 SeptEBMA 1999, and the precise activities of the company with regard to the production of the product concerned. -Any other relevant information that would assist the Commission in the selection of the sample. -An indication of whether the companies agree to their inclusion in the sample which involves replying to a questionnaire and accepting an on-the-spot investigation at their premises.
In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will in addition contact the authorities of the exporting countries, known exporters and any known association of exporters.
The Commission may also decide to select a sample of importers. To that effect, all importers concerned are hereby requested to make themselves known by contacting the Commission within 15 days of the date of publication of the present notice.
Any other party concerned which wishes to submit any relevant information regarding the selection of the sample is also requested to make itself known by contacting the Commission and to submit the information with 15 days of the date of publication of the present notice.
Sampling for investigation of injury
In view of the large number of Community producers supporting the complaint, and in accordance with Article 17 of the Basic Regulation, the Commission intends to investigate injury to the Community industry by applying sampling techniques. The selection of the sample will be based on the largest representative volume of production and sales of the Community industry which can be reasonably investigated within the time available.
In order to obtain the information necessary for the selection of the sample of Community producers, the Commission will contact associations of Community producers and/or individual Community producers.
Final selection of samples
The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the samples. Companies included in the samples must reply to a questionnaire and cooperate in the investigation. If sufficient cooperation is not forthcoming, the Commission will base its findings on the facts available, in accordance with Articles 17(4) and 18 of the Basic Regulation.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to any association of Community producers, of exporting producers or of importers, named in the complaint, and to the authorities of the People's Republic of China and Taiwan. Once the final selection of the samples of the Community producers supporting the complaint, of the exporting producers from the People's Republic of China and Taiwan and, if necessary, of importers has been made, the Commission will also send questionnaires to the companies included in the samples. Exporting producers in the People's Republic of China and Taiwan which submit a request for an individual margin, with a view to the application of Articles 17(3) and 9(6) of the Basic Regulation, have to submit a duly completed questionnaire within the general time limit set in paragraph 7(a) of this notice. However, such parties should be aware that if sampling is applied to exporting producers the Commission may decide not to grant them an individual margin if it would be unduly burdensome and would prevent the timely completion of the investigation. Exporting producers, which wish to submit a request for an individual margin are therefore invited to contact the Commission forthwith, and in any case not later than 15 days after the date of publication of this notice in the Official Journal of the European Communities, to request a copy of the questionnaire, as their questionnaires have to be completed within the time limit set in paragraph 7(a) of this notice. Any request for questionnaires must be made in writing to the address mentioned below and should indicate the name, address, telephone, fax, e-mail and/or telex numbers of the interested party. Alternatively, a request for a questionnaire can be addressed to the national authorities.
Collection of information and holding of hearing
All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard. (f) Selection of the market economy third country In accordance with Article 2(7) of the Basic Regulation, it is envisaged to choose Mexico as an appropriate market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in paragraph 7(c) of this notice.
Market economy status
For those exporting producers in the People's Republic of China which claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the Basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the Basic Regulation. The Commission will send claim forms to all exporting producers in the People's Republic of China who have either been included in the sample or who have requested an individual margin.
In accordance with Article 21 of the Basic Regulation and in order that a decision may be reached as to whether, in the event that the allegations of dumping and injury caused thereby are substantiated, the adoption of anti-dumping measures would be in the Community interest, the Community industry, importers, their representative associations, representative users and representative consumer organizations may, within the general time limit set in paragraph 7(a) of this notice, make themselves known and provide the Commission with information. It should be noted that any information submitted pursuant to this Article will only be taken into account if supported by factual evidence at the time of submission.
General time limits
Interested parties, if their representations are to be taken into account during the investigation, must make themselves known, present their views in writing and submit information, unless otherwise specified, within 40 days of the date of the publication of this notice in the Official Journal of the European Communities. Interested parties may also apply to be heard by the Commission within the same time limit. This time limit applies to all interested parties, including parties not named in the complaint, and it is consequently in the interested of these parties to contact the Commission without delay.
Specific time limits
All information relevant for the selection of the samples should be submitted to the Commission within 15 days of the publication of this notice, given that the Commission intends to consult parties concerned that have expressed their willingness to be included therein on the final selection of the samples within a period of 21 days of the publication of this notice.
Specific time limit for the selection of the market economy third country
Parties to the investigation wishing to comment on the appropriateness of Mexico which, as mentioned in paragraph 5(f) of this notice, is envisaged as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China, should file their comments within 10 days of the publication of this notice.
In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the Basic Regulation, on the basis of the facts available.
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.
Review of existing measures
Regulation (EEC) No 2474/93 ( 1 ) imposed definitive anti-dumping duties on bicycles originating in the People's Republic of China. Following an anti-circumvention investigation, the Council extended, by Regulation (EC) No 71/97 (2) the anti-dumping duty on imports of bicycles originating in China to imports of, inter alia, bicycle frames as described in Paragraph 2 above, originating in China. These measures remain in force pending the outcome of a review ( 3 ) initiated pursuant to Article 11(2) of the Basic Regulation.
Should it be determined that measures are to be imposed on bicycle frames originating in China in the proceeding initiated by the present notice, the continued extension of the measures imposed by Regulation (EEC) No 2474/93 to this product will no longer be appropriate, and Regulation (EC) No 71/97 would have to be amended or repealed accordingly. The pending review of Regulation (EEC) No 2474/93 and Regulation (EC) No 71/97 is presently limited to an expiry review, and thus an interim review should be opened as regards Regulation (EC) No 71/97 in order to allow any amendment or repeal necessary in the light of the investigation initiated by the present notice. The Commission, therefore, hereby initiates, pursuant to Article 11(3) of the Basic Regulation, an interim review of Regulation (EC) No 71/97. The provisions set out in paragraphs 5(e), 6, 7(a) and (d), and 8 of this notice apply mutatis mutandis to this interim review.
Commission address for correspondence:
Directorate-General for Trade
DM 24 -- 8/37
Rue de la Loi/Wetstraat 200
Fax (32-2) 295 65 05
Telex: COMEU B 21877.
Click here to access the Official Journal of the EU for more information on the dumping investigation