3 Sept 2019
Commodity: Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling under CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712007091, 8712007092 and 8712007099).
Countries/Economies: The Chinese mainland as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines
Action: On 29 August 2019, the Official Journal published Commission Implementing Regulation 2019/1379 imposing a definitive anti-dumping duty on imports of bicycles originating in the Chinese mainland as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, whether declared as originating in these countries or not, following an expiry. The anti-dumping duties currently in force range from 0% to 48.5%. Following the publication of a notice of impending expiry of the definitive anti-dumping measures in force, the European Bicycle Manufacturer's Association (‘EBMA’) lodged a request for the initiation of an expiry review of these measures. The request was lodged on 5 March 2018. The applicant acts on behalf of EU bicycle producers said to be representing more than 45% of the total Union production of bicycles. The expiry review was announced on 4 June 2018. Based on its review, the Commission concluded that there is a strong likelihood of recurrence of injury from imports originating in the Chinese mainland should the measures be repealed.
Rates: The rate of the definitive anti-dumping duty ranges between 0% and 19.2% for named entities, and is 48.5% for all other companies (except Giant (China) Co. Ltd. - TARIC additional code C329). The definitive duty is extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, except for the entities named under Article 1, paragraphs 3 and 4 of Commission Implementing Regulation 2019/1379.
Dates: The Regulation entered into force on the day following that of its publication in the Official Journal of the European Union.
Commodity: Certain iron or steel fasteners, other than of stainless steel. A full description is provided in Article 1 of Council Implementing Regulation 723/2011.
Countries/Economies: The Chinese mainland and Malaysia.
Action: On 27 August 2019, the EU Official Journal published Commission Implementing Regulation 2019/1374 reopening an anti-circumvention investigation. This follows from the judgment of 3 July 2019, in case C-644/17 Eurobolt, with regard to Council Implementing Regulation 723/2011 extending the definitive anti-dumping duty imposed by Regulation 91/2009 on imports of certain iron or steel fasteners originating in the Chinese mainland, to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not. The crux of this case centres on a request from the Supreme Court of the Netherlands to the Court of Justice of the European Union (ECJ) for a preliminary ruling in the context of domestic litigation brought by a Dutch importer of fasteners from Malaysia, Eurobolt BV (‘Eurobolt’). Eurobolt challenged the validity of the anti-circumvention measures that had been imposed by the EU, on the grounds that the Commission had failed to send the Committee all relevant information at least 10 working days prior to the meeting of the Advisory Committee as prescribed by the then-applicable Article 15(2) of Regulation 1225/2009. In this context, the referring court asked the ECJ whether Regulation 723/2011 is invalid in the light of Article 15(2) of Regulation 1225/2009, inasmuch as the observations submitted by Eurobolt in response to the Commission's findings were not, as relevant information for the purposes of that provision, made available to the Advisory Committee referred to therein at least 10 working days prior to the meeting of that committee. In its judgment, the ECJ noted that the observations at issue were submitted by Eurobolt in its capacity as an interested party. Those observations were intended to respond to the provisional findings that had been made by the Commission. Accordingly, they should have been considered to constitute relevant information, with the effect that that legal provision had been infringed inasmuch as those observations were not communicated to the Member States no later than 10 working days before the meeting of the Advisory Committee. The requirement to provide all relevant information constitutes an essential procedural requirement governing the proper conduct of proceedings, breach of which renders the act concerned void. In the present case, the Court of Justice declared Regulation 723/2011 invalid inasmuch as it was adopted in breach of the consultation procedure. Thus, the Commission has the possibility to remedy the aspects of Regulation 723/2011 which led to its annulment, leaving those parts which were not affected by the judgment of the ECJ unaffected. The Commission has therefore decided to reopen the anti-circumvention investigation in order to correct the illegality identified by the ECJ.
Dates: Interested parties are invited to come forward and to make their views known, submit information and provide supporting evidence on issues pertaining to the reopening of the investigation within 20 days of the date of publication of Commission Implementing Regulation 2019/1374. Interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the reopening of the investigation the request must be submitted within 15 days of the date of publication of the Regulation in the Official Journal. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with these parties.