Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorization 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

Article 1

Definitions

For the purpose of this Regulation:

— ‘bicycle parts’ means bicycle parts and accessories falling within CN codes 8714 91 10 to 8714 99 90 ,

— ‘extended duty’ means the anti-dumping duty imposed by Regulation (EEC) No 2474/93, as extended by Article 2 of Regulation (EC) No 71/97 (hereinafter ‘the Reference Regulation’), and as maintained by subsequent Regulations,

— ‘essential bicycle parts’ means the bicycle parts defined in Article 1 of the Reference Regulation,

— ‘assembly operation’ means an operation in which essential bicycle parts are brought in for the assembly or completion of bicycles or of bicycle parts,

— ‘request’ means any step taken by a party carrying out assembly operations with a view to obtaining authorization for exemption from the Commission pursuant to Article 3,

— ‘party under examination’ means a party carrying out assembly operations in respect of which an examination has been initiated pursuant to Article 4 (5) or Article 11 (1), and

— ‘exempted party’ means any party whose assembly operations have been found to fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036 (¹) and which has been exempted pursuant to Article 7 or 12 of this Regulation,

— ‘assembler’ means any party that performs an assembly operation,

— ‘the remedial effects of the duty are being undermined’ as referred to in Article 13(2)(c) of Regulation (EU) 2016/1036, in terms of quantities, means that, on a monthly basis, sales of the products resulting from the assembly operations exceed 299 bicycles or 299 units of a single type of essential bicycle parts.

Article 2

Exemption and suspension of imports from the extended duty

Imports of essential bicycle parts shall be exempt from the extended duty where:

— they are declared for free circulation by, or on behalf of, an exempted party, or

— they are declared for free circulation under the provisions on end-use control in Article 14.

Article 3

Request for exemption

Requests shall be made in writing in one of the official languages of the Union and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

European Commission

Directorate-General for Trade

Directorate G Trade Defence

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: trade-bicycle-parts@ec.europa.eu

Article 4

Admissibility of requests

A request shall be admissible where:

(a) it contains evidence that the applicant is using essential bicycle parts for the production or assembly of bicycles or bicycle parts in quantities above the threshold set out in Article 14(c) or that the applicant has entered into an irrevocable contractual obligation to do so;

(b) it provides prima facie evidence that the applicant’s assembly operations fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036; and

(c) the applicant has not, within the 36 months preceding the request, been refused authorisation of exemption pursuant to this Article or Article 7(3) or (4), or had an exemption revoked pursuant to Article 10.

Article 5

Suspension of payment of the duties

Article 6

Examination of the request

Article 7

Decision

Article 8

Obligations of exempted parties

An exempted party shall ensure that, at all times:

(a) its assembly operations remain outside the scope of Article 13(2) of Regulation (EU) 2016/1036;

(b) where it receives deliveries of essential bicycle parts which have been exempted from the extended duty pursuant to Article 2, those parts are either used in its assembly operations or assembly of other products, destroyed, re-exported, or resold to another exempted party.

Article 9

Review

Article 10

Revocation of an exemption

An exemption shall be revoked in accordance with the procedure referred to in Article 13(4) of Regulation (EU) 2016/1036, after the exempted party has been given an opportunity to comment:

— where a review has shown that the exempted party’s assembly operations fall within the scope of Article 13(2) of Regulation (EU) 2016/1036, or

— where the exempted party is not using essential bicycle parts for the assembly operations in quantities above the threshold set out in Article 14(c), including where the party has been wound up or has otherwise ceased its assembly operations, or

— at any rate, in the event of a repeated customs misdeclaration of any bicycle part, or

— in the event of a breach of the party’s obligations pursuant to Article 8, or

— in the event of a lack of cooperation after the adoption of the exemption decision.

Article 11

Pending requests

Article 12

Exempted parties

The parties listed in Annex II are hereby exempted from the extended duty with effect form 20 April 1996, or the day on which the exemption was granted by Commission decision, whichever is later.

Article 13

Procedural provisions

The relevant provisions of Regulation (EU) 2016/1036 concerning:

— the conduct of investigations (Article 6(2), (3), (4) and (5)),

— verification visits (Article 16),

— non-cooperation (Article 18), and

— confidentiality (Article 19),

shall apply to examinations pursuant to this Regulation.

Article 14

Exemption subject to end-use control

Where imports of essential bicycle parts are declared for free circulation by a person other than an exempted party or a party under examination pursuant to Article 5, as from the date of entry into force of the Reference Regulation, they shall be exempted from the application of the extended duty if declared in accordance with the TARIC structure in Annex III and subject to the conditions laid down in Article 254 of the Union Customs Code, which shall be applicable mutatis mutandis, where:

(a) the essential bicycle parts are delivered to a party exempted pursuant to Articles 7 or 12; or

(b) the essential bicycle parts are delivered to another holder of an authorisation for the end-use procedure within the meaning of Article 254 of the Union Customs Code; or

(c) on a monthly basis, less than 300 units per type of essential bicycle parts are, on average, either declared for free circulation by a party or are delivered to it. The time limit to calculate that average will not exceed 12 months, whereby the first period starts from the date of entry into force of the concerned end-use authorisation, and will in no case exceed its period of validity. The number of parts declared by or delivered to any party shall be calculated by reference to the number of parts declared by or delivered to all parties which are associated with or have compensatory arrangements with that party; or

(d) the essential bicycle parts are used in the assembly of cycles fitted with an auxiliary motor (TARIC additional code 8835) or of vehicles other than cycles, whether or not fitted with an auxiliary motor (TARIC additional code C549).

Article 15

Special provision for parties receiving de minimis deliveries

Article 16

Exchange of information

Article 17

Provisions on customs duties

Unless otherwise specified, the provisions concerning customs duties shall apply.

Article 18

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European  Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Parties under examination

TARIC additional code	Name	Address	Date of effect
C557	Berria Bike SL	Calle Blasco de Garay 19, 02600 Villarrobledo, Spain	30.3.2022
C720	Propain Bicycles GmbH	Schachenstraße 39, 88267 Vogt, Germany	1.7.2021
C860	Profil Bicycles CZ s.r.o.	Hněvotín 31, 783 47 Hněvotín, Czechia	20.2.2022
C863	Decathlon Sp. Z.o.o.	ul. Geodezyjna 76, 03-290 Warszawa, Poland	21.3.2022

ANNEX II

Updated list of exempted parties