{
  "url": "https://openlegislation.uk/eu-decision-2018-477/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2018-477/introduction.json",
  "legislation": "eudn/2018/477",
  "legislation_title": "Commission Implementing Decision (EU) 2018/477 of 15 March 2018 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97 (notified under document C(2018) 1506)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2018-477",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2018/477\nof 15 March 2018\nconcerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Commission Regulation (EC) No 88/97\n(notified under document C(2018) 1506)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving 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, and in particular Article 13(4) thereof,\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, and in particular Article 3 thereof,\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, and in particular Articles 4 to 7 thereof,\nAfter informing the Member States,\nWhereas:\n(1)\nCurrently an anti-dumping duty applies on imports into the Union of essential bicycle parts originating in the People's Republic of China (‘China’) (‘the extended duty’) as a result of the extension by Regulation (EC) No 71/97 of the anti-dumping duty on imports of bicycles originating in China. The extended duty was lastly maintained by Council Regulation (EU) No 502/2013.\n(2)\nUnder 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.\n(3)\nThose implementing measures are set forth in Regulation (EC) No 88/97 establishing the specific exemption system.\n(4)\nOn this basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).\n(5)\nAs provided for in Article 16(2) of Regulation (EC) No 88/97, the Commission has published in the Official Journal of the European Union subsequent lists of the exempted parties.\n(6)\nThe most recent Commission Implementing Decision concerning exemptions under Regulation (EC) No 88/97 was adopted on 22 February 2017.\n1.\nREQUESTS FOR EXEMPTION\n(7)\nThe Commission received from the parties listed in Tables 1 and 3 below requests for exemption with all the information required to determine that these were admissible in accordance with Article 4(1) of Regulation (EC) No 88/97.\n(8)\nThe parties requesting exemptions were given an opportunity to comment on the Commission's conclusions as for the admissibility of their requests.\n(9)\nIn accordance with Article 5(1) of Regulation (EC) No 88/97, pending a decision on the merits of requests from the parties requesting exemptions, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the Commission received their requests.\n2.\nAUTHORISATION OF EXEMPTION\n(10)\nThe examination of the merits of the requests from the parties listed in Table 1 below has been concluded.\nTable 1\nTARIC additional code\nName\nAddress\nC003\nInterbike Spółka z o.o.\nul. Śląska 6/5,\nPL-42-200 Częstochowa, Poland\nC102\nUno Bike B.V.\nBovendijk 213,\nNL-3045 PD Rotterdam, The Netherlands\nC128\nSlavomir Sladek Velosprint S\nTrnavská 40,\nSK-949 01 Nitra, Slovak Republic\n(11)\nThe Commission established during this 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 each one of these parties. This was also the case for the majority of the assembled bicycles by each party.\n(12)\nConsequently, their assembly operations fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.\n(13)\nFor that reason, and in accordance with Article 7(1) of Regulation (EC) No 88/97, the parties listed in Table 1 above should be exempted from the extended duty.\n(14)\nIn accordance with Article 7(2) of Regulation (EC) No 88/97, the exemptions should take effect as from the date of receipt of the requests. The customs debts in respect of the extended duty from the parties requesting exemptions should therefore be considered void from the same date.\n(15)\nThe parties requesting exemptions were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon.\n(16)\nSince the exemptions apply only to the parties specifically referred to in Table 1 above, the exempted parties should notify the Commission 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).\n(17)\nIn case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.\n3.\nUPDATE OF REFERENCES TO EXEMPTED PARTIES\n(18)\nThe exempted parties listed in Table 2 below notified the Commission on changes in their references (names, legal forms and addresses). The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in Regulation (EC) No 88/97.\n(19)\nWhile the exemption of these parties from the extended duty authorised in accordance with Article 7(1) of Regulation (EC) No 88/97 remain unaffected, the references to these parties should be updated.\nTable 2\nTARIC additional code\nFormer reference\nChange\n8009\nMIFA-Bike GmbH\nKyselhäuser Strasse 23\nDE-06526 Sangerhausen, Germany\nThe name and legal form of the company have been changed to:\nSachsenring Bike Manufaktur GmbH\nA571\nSprick Rowery Sp. z o.o.\nul. Świerczewskiego 76\nPL-66-200 Świebodzin, Poland\nThe address of the company has been changed to:\nul. Zachodnia 76\nPL-66-200 Świebodzin, Poland\nC053\nFirma Handlowo-Usługowo-Produkcyjna ‘Trans- Rower’ Roman Tylec\nDąbie 47, PL-39-311 Zdziarzec, Poland\nThe name and address of the company have been changed to:\nTrans-Rower Roman Tylec\nDąbie 54d, PL-39-311 Zdziarzec, Poland\n4.\nSUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION\n(20)\nThe examination of the merits of the request from the parties listed in Table 3 below is ongoing. Pending a decision on the merits of their requests, the payment of extended duty by these parties is suspended.\n(21)\nSince the suspensions apply only to the parties specifically referred to in Table 3 below, these parties should notify the Commission 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).\n(22)\nIn case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.\nTable 3\nTARIC additional code\nName\nAddress\nC049\nCycles Sport North Ltd\n363 Leach Place, Walton Summit Centre,\nGB-PR5 8AS Preston, United Kingdom\nC170\nHermann Hartje KG\nDeichstrasse 120-122,\nDE-27318 Hoya, Germany\nC202\nVanmoof B.V.\nMauritskade 55,\nNL-1092 AD Amsterdam, The Netherlands\nC207\nKenstone Metal Company GmbH\nHeideland 1-7,\nDE-24976 Handewitt-Weding, Germany\nC209\nGor Kolesa, proizvodnja koles, d.o.o.\nPartizanska cesta 12,\nSI-3320 Velenje, Slovenia\nC220\nMatex International Aquitaine\n6 avenue Gay Lussac,\nFR-33370 Artigues-près-Bordeaux, France\nC307\nMerida Polska Sp. z o.o.\nul. Marii Skłodowskiej-Curie 35,\nPL-41-800 Zabrze, Poland\nC311\nJuan Luna Cabrera\nC/Alhama 64,\nES-14900 Lucena (Cordoba), Spain\n5.\nSUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION LIFTED\n(23)\nThe suspension of payment of the duties for parties under examination should be lifted for the party listed in Table 4 below.\nTable 4\nTARIC additional code\nName\nAddress\nC169\nPelago MFG oy\nTyynenmerenkatu 6 L3,\nFI-00220 Helsinki, Finland\n(24)\nThe Commission received from the party in question a request to withdraw the application for an exemption while the examination of its merits was ongoing and the payment of the extended duty was suspended.\n(25)\nThe Commission accepted the withdrawal and consequently the suspension of the payment of the extended duty should be lifted. The extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, namely the date on which the suspension took effect (23 September 2016).\n(26)\nThe party was informed of the Commission's conclusions and was given an opportunity to comment thereon. No comments were submitted within the deadline.\n6.\nAUTHORISATION OF EXEMPTION REVOKED\n(27)\nThe exempted party listed in Table 5 below notified the Commission the closing down of its activities and the renunciation of the exemption from the payment of extended duty.\n(28)\nConsequently, in accordance with the principle of good administration, the authorisation of exemption from the payment of the extended duty should be revoked.\nTable 5\nTARIC additional code\nName\nAddress\nA549\nAlliance Bikes Sp. z o.o.\nul. Tadeusza Borowskiego 2,\nPL-03-475 Warszawa, Poland\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 176, 30.6.2016, p. 21."
    },
    {
      "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": "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 (OJ L 153, 5.6.2013, p. 17)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "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 L 193, 22.7.1997, p. 32, OJ L 334, 5.12.1997, p. 37, 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 L 343, 19.11.2004, p. 23, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16, 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, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86, OJ L 119, 23.4.2014, p. 67, OJ L 132, 29.5.2015, p. 32, OJ L 331, 17.12.2015, p. 30, OJ L 47, 24.2.2017, p. 13."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 47, 24.2.2017, p. 13."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "The parties are advised to use the following e-mail address: TRADE-BICYCLE-PARTS@ec.europa.eu"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2018/477/introduction",
    "retrieved_at": "2026-11-01T15:13:09.613838+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."
}