2025/110
31.1.2025
COMMISSION IMPLEMENTING DECISION (EU) 2025/110
of 23 January 2025
concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97
(notified under document C(2025) 209)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 13(4) thereof,
Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People’s Republic of China to imports of certain bicycle parts from the People’s Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (2) and in particular Article 3 thereof,
Having regard to Commission Implementing Regulation (EU) 2020/45 of 20 January 2020 amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97 (3),
Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (4), and in particular Articles 4 to 7 thereof,
After informing the Member States,
Whereas:
(1) An anti-dumping duty applies on imports of essential bicycle parts originating in the People’s Republic of China (‘China’) (‘the extended duty’) as a result of the extension of the anti-dumping duty imposed on imports of bicycles originating in China by Regulation (EC) No 71/97.
(2) Under Article 3 of Regulation (EC) No 71/97 the Commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty.
(3) Those implementing measures are set forth in Regulation (EC) No 88/97 (‘the exemption Regulation’), as amended, establishing the specific exemption system.
(4) On that basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).
(5) By Implementing Regulation (EU) 2023/611 (5), the Commission published in the
Official Journal of the European Union
the list of the parties under examination and the updated list of the exempted parties.
(6) As provided for in Article 16(2) of the exemption Regulation, the Commission has published in the
Official Journal of the European Union
subsequent lists of the exempted parties. The most recent Commission Implementing Decision (EU) 2024/1279 (6) concerning exemptions under the exemption Regulation was adopted on 8 May 2024.
(7) For the purposes of this Decision, the definitions set out in Article 1 of the exemption Regulation apply.
1.
REQUESTS FOR EXEMPTION
(8) Between 21 April 2023 and 23 August 2024, the Commission received from the parties listed in Tables 1 and 2 requests for exemption with the information required to determine whether these requests were admissible in accordance with Article 4 of the exemption Regulation.
(9) The parties requesting exemption were given an opportunity to comment on the Commission’s conclusions concerning the admissibility of their requests.
(10) In accordance with Article 5(1) of the exemption Regulation, pending a decision on the merits of requests from the parties requesting exemption, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties listed in Tables 1 and 2 below was suspended as from the day on which the Commission received their respective duly substantiated requests pursuant to Article 4(1) and (2) of the exemption Regulation.
2.
AUTHORISATION OF EXEMPTION
(11) The examination of the merits of the request from the parties listed in Table 1 has been concluded.
Table 1
|
TARIC additional code |
Name |
Address |
||
|
899I |
Adrisport SAS |
|
||
|
899M |
Delta Sport Sp. z o.o. |
|
(12) The Commission established during its examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts of all the bicycles assembled by the parties listed in Table 1.
(13) Consequently, the Commission concluded that the assembly operations of the parties listed in Table 1 fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.
(14) For that reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in Table 1 fulfilled the conditions for exemption from the extended duty.
(15) In accordance with Article 7(2) of the exemption Regulation, the exemption should take effect as from the date of receipt of the duly substantiated request pursuant to Article 4(1) and (2) of the exemption Regulation. The customs debts in respect of the extended duty from the party requesting exemption should therefore be considered void from the same date.
(16) The interested parties were informed of the Commission’s conclusions on the merits of their requests respectively and were given an opportunity to comment thereon. No comments were received.
(17) Since the exemption applies only to the parties specifically referred to in Table 1, the exempted parties should notify the Commission (7) without delay of any changes to this exemption (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities).
(18) In case of change in reference, the exempted party should provide relevant information, including on any modification in its activity linked to assembly operations. Where appropriate, the Commission will update the references accordingly.
3.
SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION
(19) The examination of the merits of the requests from the parties listed in Table 2 is ongoing. Pending a decision on the merits of their requests, the payment of the extended duty by these parties is suspended.
(20) Since the suspensions apply only to the parties specifically referred to in Table 2, these parties should notify the Commission (8) without delay of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities).
(21) In case of change in reference, the party concerned should provide all relevant information, including on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.
Table 2
|
TARIC additional code |
Name |
Address |
|
89AZ |
New Cycle GmbH |
An der Schmiede 4, 26135 Oldenburg – Germany |
|
8031 |
PROWEN BIKES S.L. |
Poligono Industrial La Viñuela, 55 (14900-Lucena) Córdoba – Spain |
4.
UPDATE OF REFERENCES TO EXEMPTED PARTIES
(22) Between 15 March 2024 and 30 October 2024, the exempted parties listed in Table 3 notified the Commission of changes in their names and/or addresses. The Commission, after having examined the information submitted, concluded that those changes do not affect the assembly operations with regard to the conditions of exemption or suspension set forth in the exemption Regulation.
(23) While the exemption of these parties from the extended duty authorised in accordance with Article 7(1) of the exemption Regulation remains unaffected, the references to these parties should be updated.
Table 3
|
TARIC additional code |
Former reference |
Change |
|||||
|
A221 |
|
The name and address of this party have changed to:
|
|||||
|
C012 |
|
The name of this party has changed to: F.lli Masciaghi S.r.l. |
|||||
|
C481 |
|
The name of this party has changed to: FJ Bikes Europe, S.A. |
|||||
|
B960 |
|
The address of this party has changed to:
|
5.
PARTIES FOR WHICH THE EXEMPTION AUTHORISATION IS REVOKED
(24) The exemption authorisation should be revoked for the party listed in Table 4.
Table 4
|
TARIC additional code |
Name |
Address |
||
|
A970 |
Sintema Sport S.R.L. |
|
(25) According to publicly available information, on 11 April 2018 the relevant Italian Court declared Sintema Sport srl bankrupt. Therefore, the company ceased its activities.
(26) As a consequence, the Commission concluded that the exemption authorisation granted to the party listed in Table 4 should be revoked, pursuant to Article 10 of the exemption Regulation.
(27) The party listed in Table 4 was informed of the Commission’s conclusions and was given an opportunity to comment thereon. No comments were received,
HAS ADOPTED THIS DECISION:
Article 1
The parties listed in the Table in this Article are hereby exempted from the extension by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93 (9) to imports of certain bicycle parts from the People’s Republic of China.
In accordance with Article 7(2) of Regulation (EC) No 88/97, as amended, the exemption shall take effect as from the date of receipt of the parties’ respective request for exemption. Those dates are provided for in the Table column headed ‘Date of effect’.
The exemption shall apply only to the parties specifically referred to in the Table in this Article.
The exempted parties shall notify the Commission without delay of any change to their name and address, providing all relevant information, in particular on any modification in the party’ activities linked to assembly operations with regard to the conditions of exemption.
Exempted parties
|
TARIC additional code |
Name |
Address |
Date of effect |
||
|
899I |
Adrisport SAS |
|
21.4.2023 |
||
|
899M |
Delta Sport Sp. z o.o. |
|
22.5.2023 |
Article 2
The parties listed in the Table in this Article are under examination in accordance with Article 6 of Regulation (EC) No 88/97.
The suspensions of payment of the extended anti-dumping duty in accordance with Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of the parties’ respective supension requests. Those dates are provided for in the Table column headed ‘Date of effect’.
Those suspensions of payments shall apply only to the parties under examination specifically referred to in the Table in this Article.
The parties under examination shall notify the Commission without delay of any changes in their assembly operations linked to the conditions of suspension and provide the Commission with all relevant information as evidence. These changes include, but are not limited to, any changes of the parties’ names, activities, legal forms, and addresses.
Parties under examination
|
TARIC additional code |
Name |
Address |
Date of effect |
|
89AZ |
New Cycle GmbH |
An der Schmiede 4, 26135 Oldenburg – Germany |
5.4.2024 |
|
8031 |
PROWEN BIKES S.L. |
Poligono Industrial La Viñuela, 55 (14900-Lucena) Córdoba – Spain |
23.8.2024 |
Article 3
Updated references to the exempted parties listed in the Table in this Article are provided for in the column headed ‘New reference’. Those updates shall take effect as from the dates provided for in the Table column headed ‘Date of effect’.
The corresponding TARIC additional codes previously attributed to those exempted parties as provided for in the Table column headed ‘TARIC additional code’ remain unchanged.
Exempted parties for which the reference shall be updated
|
TARIC additional code |
Former reference |
New reference |
Date of effect |
||||||||
|
A221 |
|
|
13.9.2024 |
||||||||
|
C012 |
|
|
3.2.2024 |
||||||||
|
C481 |
|
|
29.4.2024 |
||||||||
|
B960 |
|
|
30.10.2024 |
Article 4
The exemption authorisation of payment of the extended anti-dumping duty is hereby revoked for the parties listed in the Table in this Article.
The revocation shall take effect as from the dates provided for in the Table column headed ‘Date of effect’.
Parties for which the exemption authorisation is revoked
|
TARIC additional code |
Name |
Address |
Date of effect |
||
|
A970 |
Sintema Sport S.R.L. |
|
11.4.2018 |
Article 5
This Decision is addressed to the Member States and to the parties listed in Articles 1 to 4 and published in the
Official Journal of the European Union
.
Done at Brussels, 23 January 2025.
For the Commission
Maroš ŠEFČOVIČ
Member of the Commission
(1)
OJ L 176, 30.6.2016, p. 21
, ELI:
http://data.europa.eu/eli/reg/2016/1036/oj
.
(2)
OJ L 16, 18.1.1997, p. 55
, ELI:
http://data.europa.eu/eli/reg/1997/71/oj
.
(3)
OJ L 16, 21.1.2020, p. 7
, ELI:
http://data.europa.eu/eli/reg_impl/2020/45/oj
.
(4)
OJ L 17, 21.1.1997, p. 17
, ELI:
http://data.europa.eu/eli/reg/1997/88/oj
.
(5) Commission Implementing Regulation (EU) 2023/611 of 17 March 2023 amending Regulation (EC) No 88/97 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (
OJ L 80, 20.3.2023, p. 67
, ELI:
http://data.europa.eu/eli/reg_impl/2023/611/oj
), Annex I and Annex II.
(6) Commission Implementing Decision (EU) 2024/1279 of 8 May 2024 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97 (
OJ L, 2024/1279, 21.5.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1279/oj
).
(7) The parties are advised to use the following email address:
TRADE-BICYCLE-PARTS@ec.europa.eu
.
(8) The parties are advised to use the following email address:
TRADE-BICYCLE-PARTS@ec.europa.eu
.
(9) Council Regulation (EEC) No 2474/93 of 8 September 1993 imposing a definitive anti-dumping duty on imports into the Community of bicycles originating in the People's Republic of China and collecting definitively the provisional anti-dumping duty (
OJ L 228, 9.9.1993, p. 1
, ELI:
http://data.europa.eu/eli/reg/1993/2474/oj
).
ELI: http://data.europa.eu/eli/dec_impl/2025/110/oj
ISSN 1977-0677 (electronic edition)
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