EU Starts Interim Review Anti-Dumping Measures on Bike Import from China

In the Official Journal of the European Union dated March 9, 2012 the European Commission announces that it has decided on its own initiative to initiate an interim review investigation of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China.

In the Official Journal publication the European Comission says: "The Commission has at its disposal sufficient prima facie evidence that, as far as dumping and injury are concerned, the circumstances on the basis of which the existing measures were imposed might have changed and that these changes may be of a lasting nature."

Export Quota System

In particular, the information at the disposal of the Commission indicates that the export quota system that applied to bicycle producers in the People's Republic of China and that hindered the exporting producers in being granted market economy treatment in the amending interim review, has been abolished in January 2011.

Furthermore, changes to the structure of the Union industry have taken place. In particular, several Union producers switched from the complete cycle of production to (partial) assembly operations using imported parts.

Cost Level of the Union Industry

Moreover, due to the EU enlargements of 2004 and 2007, a significant number of producers joined the Union bicycle industry. In addition several producers which had been part of the EU industry before the two enlargement rounds moved their production facilities or set up new facilities in the new Member States. As a result, the cost level of the Union industry might have changed.

"Finally, the present injury elimination level was calculated on the basis of bicycles made out of steel whereas it appears that currently the majority of bicycles are made of aluminium alloys. All these developments appear to be of a lasting nature and therefore substantiate the need to reassess the injury findings," says the European Commission.

Exemption Scheme

The review investigation will determine whether there is a need for the continuation, removal or amendment of the existing measures. Furthermore, the review investigation will also assess the exemption scheme and its functioning and will determine whether there is a need for any change thereto.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under review, the cost of production and the sales of the product under review.

Deadlines

Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the review investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the review investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

Submissions and Requests

All interested parties are required to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD).