Questions on EU Imposing E-Bike Dumping Duties Retroactively
BRUSSELS, Belgium – Ongoing rumors on ‘Brussels’ ability to retroactively impose dumping duties on e-bikes imported from China prompted the European branch of the Light Electric Vehicle Association (LEVA-EU) to issue a statement on this issue which is related to import registration. Bike Europe asked the European Bicycle Manufacturers’ Association (EBMA) for further clarity in this matter.
According to EBMA’s Secretary General Moreno Fioravanti currently the import of electric bicycles from China is not being registered by EU officials. However, he added to this comment that registration is not taking place ‘yet’.
In its last October statement on the filing of its dumping complaint at the European Commission EBMA said “The European Commission must stop China dumping e-bikes and immediately register imports so anti-dumping duties can be applied retroactively.”
SG Fioravanti now says “EBMA requested the European Commission to do so, seen the sharp increase of imports which is still happening. If the Commission will adopt the registration of imports, the anti-dumping duty can be applied retroactively. In any case the date of registration of imports must be officially announced in the Official Journal of the EU.
This EBMA statement confirms the LEVA-EU claims that say “If definitive dumping duties are imposed, they may be levied for no more than 90 days prior to the date of application of provisional measures but not prior to the initiation of the investigation. However, 4 conditions need to be fulfilled:
- The imports must be registered, which is not the case for now. Registration can only happen following a request from the Union industry, which must contain sufficient evidence to justify the registration.
- The importers must be given an opportunity to comment on that request.
- There should be a history of dumping for the product concerned over an extended period or the importers should be or should have been aware of that dumping
- In addition to the level of import, which caused injury during the investigation period, there should be a further substantial rise in imports, which is likely to undermine the remedial effect of the definitive measures.”