Anti-Dumping Duties Expected to Remain in Force up to 2012

BRUSSELS, Belgium – The current anti-dumping duties of 48.5% for bicycles exported from China to Europe and 34.5% for Vietnam made bikes, are expected to remain in force up to 2012. This is stipulated in the European Union’s rules & regulations for dumping proceedings.

Article 11 of these regulations state: “A definitive anti-dumping measure shall expire five years from its imposition or five years from the date of the conclusion of the most recent review which has covered both dumping and injury, unless it is determined in a review that the expiry would be likely to lead to a continuation or recurrence of dumping and injury. Such an expiry review shall be initiated on the initiative of the Commission, or upon request made by or on behalf of Community producers, and the measure shall remain in force pending the outcome of such review.”

Normally, expiry reviews are completed within 12 months, but they may take up to 15 months. If it takes the European Commission 15 months to decide for a withdrawal or continuation of the anti-dumping measures, the duties will remain in force close to January 1, 2012; to be precise up to August 2011.

The European Bicycle Manufacturers Association (EBMA) has submitted a request for an expiry review, as one of its prominent members confirmed to Bike Europe. After receiving a substantiated review request, the European Commission publishes a Notice of Initiation and begins investigating whether dumping and injury are likely to continue or recur.

This Notice of Initiation was expected to be published in the Official Journal of the European Union already about one month ago; before April 15. Why it has not been published yet, is unclear. The same EBMA member that confirmed the filing of the request for the expiry review, recently told Bike Europe that he was also waiting for the publication of the Notice of Initiation.

Furthermore, the EU regulations for dumping proceedings state that an expiry review can result only in the withdrawal or continuation of the duties in force. If measures are maintained, they will normally remain in force for another five years. An expiry review cannot lead to a change in the level or form of the duties; these can only be changed by an interim review.