{
  "url": "https://openlegislation.uk/eu-decision-2009-867/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2009-867/introduction.json",
  "legislation": "eudn/2009/867",
  "legislation_title": "Commission Decision of 30 November 2009 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97 (notified under document C(2009) 9406) (2009/867/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-867",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 30 November 2009\ngranting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97\n(notified under document C(2009) 9406)\n(2009/867/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the ‘basic Regulation’),\nHaving 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 (the ‘extending Regulation’),\nHaving 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 (the ‘exemption Regulation’), and in particular Article 7 thereof,\nAfter consulting the Advisory Committee,\nWhereas:\n(1)\nAfter the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of that Regulation for exemption from the anti-dumping duty as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the ‘extended anti-dumping duty’). The Commission has published in the Official Journal successive lists of bicycle assemblers for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation.\n(2)\nFollowing the last publication of the list of parties under examination, a period of examination has been selected. This period was defined as from 1 January 2007 to 31 May 2009. A questionnaire was sent to all parties under examination, requesting information on the assembly operations conducted during the relevant period of examination.\nA.\nREQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS PREVIOUSLY GRANTED\nA.1.\nAcceptablerequests for exemption\n(3)\nThe Commission received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. These parties had already received their suspension with effect from the day of arrival of a first complete application dossier at the Commission premises. The newly requested and provided information was examined and verified, where necessary, at the premises of the parties concerned. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.\nTable 1\nName\nAddress\nCountry\nTARIC additional code\nMADIROM PROD SRL\nHipermagazin Decathlon, corp 2, bd. Iuliu Maniu nr. 546-560, sector 6, 061129 București\nRomania\nA896\nRose Versand GmbH\nSchersweide 4, 46395 Bocholt\nGermany\nA897\nWinora Staiger GmbH\nMax-Planck-Strasse 6, 97526 Sennfeld\nGermany\nA894\n(4)\nThe facts as finally ascertained by the Commission show that for all of these applicants' bicycle assembly operations, the value of the parts originating in the People's Republic of China which were used in their assembly operations was lower than 60 % of the total value of the parts used in these assembly operations, and they, therefore, fall outside the scope of Article 13(2) of the basic Regulation.\n(5)\nFor this reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in the above table should be exempted from the extended anti-dumping duty.\n(6)\nIn accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition, their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption.\nA.2.\nUnacceptable request for exemption\n(7)\nThe party listed in table 2 below also submitted a request for exemption from the extended anti-dumping duty.\nTable 2\nName\nAddress\nCountry\nTARIC additional code\nCITIC – MARMES BICYCLE CZ, s.r.o.\nŽichlínské Předměstí, Albrechtická 391, 56301 Lanškroun\nCzech Republic\nA891\n(8)\nThis party did not submit a questionnaire reply.\n(9)\nSince the party listed in table 2 failed to meet the criteria for exemption set by Article 6(2) of the exemption Regulation, the Commission has to reject its request for exemption, in accordance with Article 7(3) of the Regulation. In the light of this, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty must be collected as from the date of receipt of the request submitted by this party.\nB.\nREQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS NOT PREVIOUSLY GRANTED\nB.1.\nAdmissible requests for exemption for which suspension should be granted\n(10)\nInterested parties are hereby informed of the receipt of further requests for exemption, pursuant to Article 3 of the exemption Regulation, from parties listed in table 3. The suspension from the extended duty, following these requests, should take effect as shown in the column headed ‘Date of effect’:\nTable 3\nName\nAddress\nCountry\nDate of effect\nTARIC additional code\nEddy Merckx Cycles N.V.\nBirrebeekstraat 1, 1860 Meise\nBelgium\n30.4.2009\nA954\nSektor SRL\nVia Don Peruzzi 27/B, 36027 Rosa (VI)\nItaly\n27.5.2009\nA956\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "X",
      "label": "X1",
      "text": "Substituted by Corrigendum to Commission Decision 2009/867/EC of 30 November 2009 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, last maintained and amended by Regulation (EC) No 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97 (Official Journal of the European Union L 314 of 1 December 2009)."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 56, 6.3.1996, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 16, 18.1.1997, p. 55."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 17, 21.1.1997, p. 17."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16 and OJ L 313, 14.11.2006, p. 5., OJ L 81, 20.3.2008, p. 73., OJ C 310, 5.12.2008, p. 19., OJ L 19, 23.1.2009, p. 62."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 19, 23.1.2009, p. 62."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/867/introduction",
    "retrieved_at": "2026-11-01T15:16:19.920468+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}