Explanatory Memorandum to COM(2013)263 - Imposing a definitive antidumping duty on imports of bicycles from China following an interim review - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)263 - Imposing a definitive antidumping duty on imports of bicycles from China following an interim review. |
|---|---|
| source | COM(2013)263  |
| date | 06-05-2013 |
|| Grounds for and objectives of the proposal This proposal concerns the application of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’), in the interim review investigation concerning the anti-dumping duty in force in respect of imports of bicycles originating in the People's Republic of China (‘PRC’).|
|| General context This proposal is made in the context of the implementation of the basic Regulation and is the result of an investigation which was carried out in line with the substantive and procedural requirements laid out in the basic Regulation.
|| Existing provisions in the area of the proposal By Regulation (EEC) no 2474/93 i the Council imposed a definitive anti-dumping duty of 30.6% on imports of bicycles originating in the PRC. Following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, this duty was extended by Council Regulation (EC) No 71/97 i to imports of certain bicycles parts originating in the PRC. Following an expiry review pursuant to Article 11 i of the basic Regulation, the Council, by Regulation (EC) No 1524/2000[3], decided that the above mentioned measures should be maintained. Following an interim review pursuant to Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 1095/2005 i, decided to increase the anti-dumping duty in force to 48.5%. Following an expiry review pursuant to Article 11 i of the basic Regulation, the Council, by Implementing Regulation (EU) No 990/2011[5], decided that the above mentioned measures should be maintained.
|| Consistency with other policies and objectives of the Union Not applicable.
Consultation of interested parties and impact assessment
|| Consultation of interested parties
|| Interested parties concerned by the proceeding have had the possibility to defend their interests during the investigation, in line with the provisions of the basic Regulation.
|| Collection and use of expertise
|| There was no need for external expertise.
|| Impact assessment This proposal is the result of the implementation of the basic Regulation. The basic Regulation does not provide for a general impact assessment but contains an exhaustive list of conditions that have to be assessed.
|| Summary of the proposed action On 9 March 2012, the Commission announced by a notice, published in the Official Journal of the European Union, the initiation of an interim review of the anti-dumping measures applicable to imports of bicycles originating in the PRC. The review was initiated on an ex officio basis. The review investigation found that circumstances with regard to the dumping and injury have not changed significantly and that therefore the continued imposition of the measures was necessary to offset the dumping. It has also established that, should anti-dumping measures be lifted, this would result in a continuation of dumping and material injury to the Union industry. It was further established that the continuation of measures was not against the interest of the Union. As regards the three co-operating exporting producers, the investigation showed that there was a lasting change of circumstances and therefore their individual dumping margins should be amended. Therefore, it is suggested that the Council adopts the attached proposal for a Regulation in order to amend Implementing Regulation (EU) No 990/2011, which should be published in the Official Journal of the European Union by 5 June 2013 at the latest.
|| Legal basis Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community.
|| Subsidiarity principle The proposal falls under the exclusive competence of the European Union. The subsidiarity principle therefore does not apply.
|| Proportionality principle The proposal complies with the proportionality principle for the following reasons:
|| The form of action is described in the above-mentioned basic Regulation and leaves no scope for national decision.
|| Indication of how financial and administrative burden falling upon the Union, national governments, regional and local authorities, economic operators and citizens is minimized and proportionate to the objective of the proposal is not applicable.
|| Choice of instruments
|| Proposed instruments: regulation.
|| Other means would not be adequate for the following reason: The basic Regulation does not provide for alternative options.
|| The proposal has no implication for the Union budget.