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E-Bike Importers Unify and Submit Comments to EU on EBMA’s Dumping Complaint

Laws & Regulations 3072

GAND, Belgium – Currently 21 importers of electric bicycles from 7 EU member states (the number is still growing) have joined forces in the “Collective of European Importers of Electric Bicycles”. Last Sunday, this Collective has submitted their Preliminary Comments to the European Commission on the EBMA Complaint and the EU anti-dumping Proceeding concerning imports of electric bicycles originating in the People’s Republic of China.

E-Bike Importers Unify and Submit Comments to EU on EBMA’s Dumping Complaint
Currently 21 importers of electric bicycles from 7 EU member states (the number is still growing) have joined forces in the ‘Collective of European Importers of Electric Bicycles’. Photo Bike Europe

In the importers’ document, which is available for download elsewhere on this webpage, it is stated that the importers have “decided to establish a Collective aimed at informing the Commission on the absence of well-founded reasons for imposing an anti-dumping duty on electric bicycles imported from China and at explaining the negative consequences for the European Union that would result from such a measure.”

Download the importer’s document: Submission-Collective-European-Importers

Reaction on EBMA’s dumping complaint

The founding of the Collective of European Importers of Electric Bicycles and the filing of their preliminary comments at the European Commission’s Directorate-General for Trade, Directorate H, is a reaction on the dumping Complaint issued by the European Bicycle Manufacturers’ Association. EBMA’s dumping complaint Document is available for download

EBMA’s accusations against the Chinese e-bike industry resulted in a 20 October 2017 published “Notice of initiation of an anti-dumping proceeding concerning imports of electric bicycles originating in the People’s Republic of China” in the Official Journal of the European Union by the European Commission. This ‘Notice’ document is available for download.

Interested party

In the Preliminary Comments the importers’ Collective declares to be an interested party, requests a hearing and requests to inspect all information submitted in AD Case 643. Furthermore, the importers argue that the European Commission’s proceeding is based on legislation in breach of World Trade Organisation (WTO) rules. End of last year, the EU should have adopted new anti-dumping legislation that, among other things, does no longer allow to work with analogue countries. In this case, EBMA proposes to use Switzerland as an analogue country. This is heavily disputed not only by the Collective but also by several other parties.

And although the new anti-dumping legislation is not effective yet, the proposal has been adopted in the European Parliament, which has reached an agreement with the Council.

‘Extensive counter-argumentation for injury’

The Collective also raises questions on the fact that EBMA, instead of using Eurostat import figures, prefers using Chinese customs’ export statistics. Doubts on this methodology are further fueled by the fact that EBMA have listed the statistics as confidential.

Further the Collective quite extensively counterargues the EBMA arguments for injury. They quote among other things consumption of e-bikes increasing by 55% over the period of consideration.

‘Feeble and unconvincing evidence’

The 14 page Preliminary Comments by the Collective of European Importers of Electric Bicycles ends with “In conclusion, the evidence for dumping, injury and causal link presented in the Complaint is very feeble and unconvincing. The Collective firmly believes that the complainant does not provide convincing evidence for dumping and that the potential imposition of anti-dumping duties will seriously harm the electric bicycle sector in the EU as well as EU citizens and society as a whole. Therefore, this proceeding should be terminated without any further measures.”
More detailed Bike Europe reports on the importers Preliminary Comments will follow as well as EBMA’s response.

Download the importer’s document: Submission-Collective-European-Importers

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