Regulation 2013/502 - Amendment of Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles from China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 - Main contents
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official title
Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2013/502 |
| Original proposal | COM(2013)263  |
| CELEX number i | 32013R0502 |
| Document | 29-05-2013 |
|---|---|
| Publication in Official Journal | 05-06-2013; Special edition in Croatian: Chapter 11 Volume 125,OJ L 153, 5.6.2013 |
| Effect | 06-06-2013; Entry into force Date pub. +1 See Art 3 |
| End of validity | 29-08-2019 |
5.6.2013 |
EN |
Official Journal of the European Union |
L 153/17 |
COUNCIL REGULATION (EU) No 502/2013
of 29 May 2013
amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 9(4) and 11(3), (5) and (6) thereof,
Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force
(1) |
By Regulation (EEC) No 2474/93 (2) the Council imposed a definitive anti-dumping duty of 30,6 % on imports of bicycles originating in the People’s Republic of China (‘the PRC’ or ‘the country concerned’) (the ‘original investigation’). Following an anti-circumvention investigation in accordance with Article 13 of the basic Regulation, this duty was extended by Council Regulation (EC) No 71/97 (3) to imports of certain bicycles parts originating in the PRC. In addition, it was decided to create an ‘exemption scheme’ on the basis of Article 13(2) of the basic Regulation. The details of the scheme were provided for in Commission Regulation (EC) No 88/97 (4). In order to receive an exemption from the extended duty, bicycle producers in the Union have to respect the conditions of Article 13(2) of the basic Regulation, namely to respect a ratio of less than 60 % of Chinese bicycle parts in their operation or the addition of more than 25 % value to all parts brought into the operation. To date, more than 250 exemptions have been granted. |
(2) |
Following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Regulation (EC) No 1524/2000 (5), decided that the abovementioned measures should be maintained. |
(3) |
Following an interim review pursuant to Article 11(3) of the basic Regulation (‘amending interim review’), the Council, by Regulation (EC) No 1095/2005 (6), decided to increase the anti-dumping duty in force to 48,5 %. |
(4) |
Following a review of the anti-circumvention measures pursuant to Article 13(4) and 11(3) of the basic Regulation, the Council, by Regulation (EC) No 171/2008 (7), decided to maintain the extension of the anti-dumping duty imposed on imports of bicycles originating in the PRC to imports of certain bicycles parts from the PRC. |
(5) |
Following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council, by Implementing Regulation (EU) No 990/2011 (8) (the ‘previous investigation’), decided that the abovementioned measures should be maintained. |
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2.Ex officio initiation
(6) |
Following the expiry review concluded in October 2011, evidence at the disposal of the Commission indicated 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. |
(7) |
The prima facie evidence at the Commission’s disposal indicated that the export quota system that applied to bicycle producers in the PRC, and that hindered the exporting producers in being granted market economy treatment in the amending interim review, had been abolished in January 2011. |
(8) |
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... |
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