Commission Implementing Regulation (EU) 2018/1012 of 17 July 2018 imposing a provisional anti-dumping duty on imports of electric bicycles originating in the People's Republic of China and amending Implementing Regulation (EU) 2018/671
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
- (175) Similar to the development of the production volume, the increase in sales quantity between 2014 and 2016 was driven by an increasing consumption. The decline in sales quantity between 2016 and the investigation period was directly related to the continued loss of market share against imports from the PRC.
- (176) The sales of the Union Industry increased at a much slower pace than the development of consumption. As a result, the market share of the Union industry decreased significantly, going from 76 % in 2014 to 53 % during the investigation period.
4.4.2.3. Growth
- (177) The Union Industry was not able to fully benefit from the growth in consumption between 2014 and the investigation period. Indeed, consumption increased by 74 %, and the Union industry only managed to increase their sales by 21 %. As a consequence, Union industry lost significant market share (23 percentage points) during this period. The Union Industry had to reduce its production, sales, employment and capacity between 2016 and the investigation period due to dumped imports from the PRC.
4.4.2.4. Employment and productivity
- (178) Employment and productivity developed over the period considered as follows:
Table 7
Employment and productivity
| 2014 | 2015 | 2016 | IP | |
| Number of employees | 2 577 | 3 030 | 3 546 | 3 610 |
| Index | 100 | 118 | 138 | 140 |
| Productivity (pieces/employee) | 327 | 326 | 312 | 302 |
| Index | 100 | 100 | 96 | 92 |
| Source: CONEBI, sampled Union producers. | Source: CONEBI, sampled Union producers. | Source: CONEBI, sampled Union producers. | Source: CONEBI, sampled Union producers. | Source: CONEBI, sampled Union producers. |
- (179) The Union industry increased the level of employment by 40 % over the period considered. Most of this increase occurred between 2014 and 2016. Employment increased by 2 % between 2016 and the investigation period.
- (180) Productivity declined by 8 % as a result of employment increasing at a higher pace than production.
4.4.2.5. Magnitude of the dumping margin and recovery from past dumping
- (181) The impact of the magnitude of the actual margins of dumping on the Union industry was substantial, given the volume and prices of imports from the PRC.
- (182) There is no evidence of past dumping.
4.4.3. Microeconomic indicators
4.4.3.1. Prices and factors affecting prices
- (183) The weighted average unit sales prices of the four sampled Union producers to unrelated customers in the Union developed over the period considered as follows:
Table 8
Sales prices in the Union
| 2014 | 2015 | 2016 | IP | |
| Average unit sales price in the Union (EUR/piece) | 1 112 | 1 156 | 1 237 | 1 276 |
| Index | 100 | 104 | 111 | 115 |
| Unit cost of production (EUR/piece) | 1 068 | 1 134 | 1 173 | 1 234 |
| Index | 100 | 106 | 110 | 116 |
| Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. |
- (184) The average sales prices of the sampled Union producers increased by 15 % over the period considered, in line with the increase in the average cost of production which grew by 16 %.
- (185) Since the average costs and prices are affected by the product mix sold by these producers, this does not mean that the cost and price of a comparable product increased by 16 % during the period considered.
4.4.3.2. Labour costs
- (186) The average labour costs of the four sampled Union producers developed over the period considered as follows:
Table 9
Average labour costs per employee
| 2014 | 2015 | 2016 | IP | |
| Average labour costs per employee (EUR) | 38 348 | 37 042 | 34 818 | 34 659 |
| Index | 100 | 97 | 91 | 90 |
| Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. |
- (187) The average labour cost per employee decreased by 10 % over the period considered due to the increase in the number of factory workers in relation to the increase in the number of staff employed on sales and administrative functions.
4.4.3.3. Inventories
- (188) Stock levels of the four sampled Union producers developed over the period considered as follows:
Table 10
Inventories
| 2014 | 2015 | 2016 | IP | |
| Closing stocks (pieces) | 59 375 | 73 521 | 90 573 | 98 412 |
| Index | 100 | 124 | 153 | 166 |
| Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. |
- (189) The level of closing stocks of the four sampled Union producers increased by 66 % over the period considered.
- (190) It had to be noted that the level of stocks in the investigation period was taken at the end of September when stocks are normally low since it coincides with the end of the selling season. On the contrary, the level of stocks in the other periods was taken at the end of December when it is normal to have high stocks in anticipation of the next selling season.
- (191) The increase in stocks was therefore significant. This was found to be due to the general development of the market and to the fact that while production volumes were kept well below the increase in consumption, the volumes of sales developed even less rapidly than production, generating an accumulation of stocks which is particularly visible at the end of the investigation period.
4.4.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital
- (192) Profitability, cash flow, investments and return on investments of the four sampled Union producers developed over the period considered as follows:
Table 11
Profitability, cash flow, investments and return on investments
| 2014 | 2015 | 2016 | IP | |
| Profitability of sales in the Union to unrelated customers (% of sales turnover) | 2,7 | 4,3 | 3,8 | 3,4 |
| Index | 100 | 160 | 142 | 125 |
| Cash flow (EUR) | 5 178 860 | – 5 433 666 | 17 079 409 | 4 955 399 |
| Index | 100 | – 105 | 330 | 96 |
| Cash flow (% of sales turnover) | 1,1 | – 1,0 | 2,5 | 0,6 |
| Index | 100 | – 89 | 218 | 55 |
| Investments (EUR) | 6 775 924 | 17 773 148 | 7 888 936 | 11 965 802 |
| Index | 100 | 262 | 116 | 177 |
| Return on investments (%) | 18 | 30 | 38 | 37 |
| Index | 100 | 164 | 213 | 203 |
| Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. | Source: sampled Union producers. |
- (193) The Commission established the profitability of the four sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales.
- (194) Starting from a low base of 2,7 % in 2014, profits margins eroded from 4,3 % in 2015 to 3,4 % in the investigation period.
- (195) The net cash flow is the ability of the Union producers to self-finance their activities. The cash flow decreased by 4 % over the period considered and turned negative in 2015. It did not cover the investments incurred during the period considered.
- (196) The comparison of the profit margin in percentage of the turnover with the operating cash flow expressed on the same basis shows a very poor conversion of profit to cash flows due to the variation of stocks.
- (197) Investments increased by 77 % during the period considered while representing no more than 2 % of sales.
- (198) The ratio of return of investment increased by 103 % over the period considered. However, while the electric bicycle industry is structurally a cash-intensive business, it requires little assets to operate and those generally already exist from the production of conventional bicycles. In this context, the return on investments is of limited relevance.
- (199) The poor financial performance of the Union Industry in terms of profits and cash flow during the investigation period limited its ability to raise capital.
4.4.4. Conclusion on injury
- (200) Confronted with an accelerating flow of dumped imports from China, the Union Industry was not able to capitalise on the growth of the electric bicycle market. Sales grew by 21 % in the period considered while consumption increased by 74 %. At the same time 23 points of market share were lost, of which 18 % went to Chinese imports having undercut Union industry's prices by 16 % to 43 % in the investigation period.
- (201) The pressure on sales was felt in relation to production, stocks, capacity, capacity utilisation, and employment levels. Production increased broadly at the same rate as consumption between 2014 and 2015 (+ 17 % and + 20 % respectively). However, after 2015, the Union industry was forced to reassess its sales expectations. The trend in production then diverged markedly and increasingly from the general development of the market, with production increasing by 12 percentage points and consumption by 54 percentage points between 2015 and the investigation period.
- (202) Nevertheless, except in 2014, production was systematically higher than sales, leading to a significant increase in stocks. Production capacity, which had increased in line with consumption until 2016, was reduced to stem the deterioration of the capacity utilisation rate which lost 9 percentage points between 2014 and 2016.
- (203) Between 2016 and the investigation period, overall, production declined, stocks were higher after than before the selling season, capacity was reduced, employment stalled while imports from the PRC increased by 155 percentage points.
- (204) The pressure on prices and the inability to seize economies of scale in a nascent market kept the profitability of the Union industry at depressed levels throughout the period considered. This low level of profit and the variation of stocks led to low operating cash flows which were below the level of investment incurred during the period considered and created an additional element of vulnerability for this cash-intensive business strongly dependent on the liquidity provided by banks. Four producers went into bankruptcy during the investigation period.
- (205) The injury indicators for growth, market share, capacity, capacity utilisation, stocks, profit margins, cash flows, and ability to raise capital developed negatively. It was only due to the strong underlying growth in demand that other indicators did not also turn negative.
- (206) On the basis of the above, the Commission concluded at this stage that the Union industry suffered material injury within the meaning of Article 3(5) of the basic Regulation.
5. CAUSATION
- (207) In accordance with Article 3(6) of the basic Regulation, the Commission examined whether the dumped imports from the PRC caused material injury to the Union industry. In accordance with Article 3(7) of the basic Regulation, the Commission also examined whether other known factors could at the same time have injured the Union industry.
- (208) The Commission ensured that any possible injury caused by factors other than the dumped imports from the PRC was not attributed to the dumped imports. These factors are: imports from other third countries, export sales performance of the Union producers, and an alleged impact of investment and expansion of capacities.
5.1. Effects of the dumped imports
- (209) Prices of dumped imports from the PRC significantly undercut Union industry prices during the investigation period with undercutting margins ranging from 16,2 % to 43,2 %. During the period considered, the Union Industry lost 23 points of market share in a market growing by 74 % while imports from the PRC increased by 250 % and gained 17 points of market share from 18 % to 35 %. The pressure on prices by dumped imports from the PRC kept profits and cash flows at depressed levels.
5.2. Effects of other factors
5.2.1. Imports from third countries
- (210) The volume of imports from other third countries developed over the period considered as follows:
Table 12
Imports from third countries
| Country | 2014 | 2015 | 2016 | IP | |
| Taiwan | Volume (pieces) | 21 335 | 43 095 | 79 312 | 108 817 |
| Taiwan | Index | 100 | 202 | 372 | 510 |
| Taiwan | Market share (%) | 2 | 3 | 5 | 5 |
| Taiwan | Average price (EUR) | 622 | 571 | 843 | 1 016 |
| Taiwan | Index | 100 | 92 | 135 | 163 |
| Vietnam | Volume (pieces) | 37 892 | 74 259 | 91 468 | 101 376 |
| Vietnam | Index | 100 | 196 | 241 | 268 |
| Vietnam | Market share (%) | 3 | 5 | 5 | 5 |
| Vietnam | Average price (EUR) | 435 | 539 | 542 | 570 |
| Vietnam | Index | 100 | 124 | 125 | 131 |
| Switzerland | Volume (pieces) | 883 | 14 310 | 30 477 | 28 440 |
| Switzerland | Index | 100 | 1 621 | 3 452 | 3 221 |
| Switzerland | Market share (%) | 0 | 1 | 2 | 1 |
| Switzerland | Average price (EUR) | 1 140 | 1 391 | 1 606 | 1 606 |
| Switzerland | Index | 100 | 122 | 141 | 141 |
| Japan | Volume (pieces) | 16 994 | 4 217 | 1 613 | 1 710 |
| Japan | Index | 100 | 25 | 9 | 10 |
| Japan | Market share (%) | 1 | 0 | 0 | 0 |
| Japan | Average price (EUR) | 1 098 | 1 406 | 1 687 | 952 |
| Japan | Index | 100 | 128 | 154 | 87 |
| Total of all third countries except the PRC | Volume (pieces) | 77 104 | 135 881 | 202 870 | 240 343 |
| Total of all third countries except the PRC | Index | 100 | 176 | 263 | 312 |
| Total of all third countries except the PRC | Market share (%) | 7 | 10 | 12 | 12 |
| Total of all third countries except the PRC | Average price (EUR) | 641 | 666 | 828 | 897 |
| Total of all third countries except the PRC | Index | 100 | 104 | 129 | 140 |
| Source: Eurostat. | Source: Eurostat. | Source: Eurostat. | Source: Eurostat. | Source: Eurostat. | Source: Eurostat. |
- (211) The volume of imports from third countries other than the PRC developed strongly, increasing its market share from 7 % in 2014 (77 000 pieces) to 12 % (240 000 in the investigation period). Yet, the pace of increase decelerated when Chinese exporters intensified their activity after 2015.
- (212) These imports originated almost exclusively from Taiwan and Vietnam. Nevertheless, after 2015, the Commission observed a slower increase of imports from Vietnam, which may be explained by the significant and growing price difference with Chinese imports. Likewise, the continued progression of imports from Taiwan occurred on the back of an equally significant increase in prices, which suggests that these imports may have been displaced towards the high end of the market.
- (213) Imports from Taiwan and Vietnam had on average lower prices than the Union Industry. However, given the wide range of prices of electric bicycles, the Commission cannot conclude that these imports undercut Union Industry's prices on a like-for-like basis. In addition, their average prices increased while the average prices of imports from the PRC decreased.
- (214) The difference between the prices of imports of Vietnam and of the Union's Industry's was nevertheless significant and it cannot be excluded that they marginally contributed to the injury. However, imports from Vietnam ceased to win market share after 2015 and their volumes remained small.
- (215) Consequently, the imports from all counties other the PRC did not attenuate the causal link between the dumped imports from the PRC and the injury suffered by the Union industry, and could not have more than a marginal impact on injury.
5.2.2. Export performance of the Union industry
- (216) The volume of exports of the four sampled Union producers developed over the period considered as follows:
Table 13
Export performance of the sampled Union producers
| 2014 | 2015 | 2016 | IP | |
| Export volume (pieces) | 5 539 | 14 529 | 24 922 | 21 548 |
| Index | 100 | 262 | 450 | 389 |
| Average price (EUR) | 1 570 | 680 | 676 | 907 |
| Index | 100 | 43 | 43 | 58 |
| Source: Sampled Union producers. | Source: Sampled Union producers. | Source: Sampled Union producers. | Source: Sampled Union producers. | Source: Sampled Union producers. |
- (217) Exports outside the Union by the sampled Union producers were negligible (3 % of total sales volume in the period considered). Even considering the decrease in the average price, the export performance of the Union industry cannot have been a cause of injury.
5.2.3. Investment and expansion of capacities
- (218) The CCCME claimed that the investment in capacity resulted in 2016 in a surplus of production capacity beyond any realistic sales expectations which had the effects of both significantly reducing capacity utilisation and severely impacting profitability.
- (219) The Commission rejected this argument. Firstly, it cannot be said that the investment in capacity was beyond any realistic sales expectations. As shown in Table 5 above, production capacity increased by 300 000 pieces between 2015 and 2016. This was fully in line with the growth in consumption between 2015 and 2016, which was equally 300 000 pieces as shown in Table 2 above. Due to unfair pressure by dumped Chinese imports, the Union industry subsequently reduced their production capacity between 2016 and the investigation period by more than 150 000 pieces, despite a further market growth of more than 300 000 pieces.
- (220) Secondly, the Commission noted that the level of capital expenditure was not high. To the contrary, it stood below 2 % of total turnover over the period considered. The Union Industry converted existing production lines and the increase of capacity was therefore not a major driver of capital expenditures.
- (221) Thirdly, capital expenditures were not taken into account in profitability (except for depreciation and amortisation which did not increase materially) or cash flows (which are at operating level). It was therefore inaccurate to interpret any of these indicators in light of the level of investments.
- (222) Finally, the Commission's indicators showed that the cost of production increased in line with sales prices. As a result, it could not be argued that the increase in capacity had a disproportionate impact on cost of production.
5.3. Conclusion on causation
- (223) The Commission provisionally established a causal link between the injury suffered by the Union producers and the dumped imports from the PRC.
- (224) The Commission distinguished and separated the effects of all known factors on the situation of the Union industry from the injurious effects of the dumped imports.
- (225) The other identified factors such as imports from other third countries, export sales performance of the Union producers, and an alleged impact of investment and expansion in capacity were provisionally not found to attenuate the causal link, even considering their possible combined effect.
- (226) On the basis of the above, the Commission concluded at this stage that the material injury to the Union industry was caused by the dumped imports from the PRC and the other factors, considered individually or collectively, did not attenuate the causal link between the injury and the dumped imports.
6. UNION INTEREST
- (227) In accordance with Article 21 of the basic Regulation, the Commission examined whether it could clearly conclude that it was not in the Union interest to adopt measures in this case, despite the determination of injurious dumping. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers and users.
6.1. Interest of suppliers
- (228) CONEBI, which brings together national associations representing both bicycles manufacturers and parts suppliers, supported the imposition of measures. However, no supplier individually took position in this investigation.
- (229) According to figures submitted by CONEBI, the bicycle parts (for both conventional and electric bicycles) are manufactured by 424 companies in 19 Members States, employing nearly 21 000 staff, who invested more than EUR 660 millions in manufacturing and innovation in 2016.
- (230) The Commission provisionally concluded that the imposition of an anti-dumping duty would be in the interest of the suppliers of the Union Industry.
6.2. Interest of the Union industry
- (231) The Union industry is composed of large as well as small and medium-sized companies and employed directly around 3 600 employees spread across twelve Member States during the period considered. Moreover, while the consumption of electric bicycles still represents a small portion of the overall bicycle market, the shift in demand from conventional bicycles to electric bicycles is rapid and poses a structural challenge to maintain the level of activity, value-added and jobs of the entire bicycle industry.
- (232) As demonstrated in section 4.4.4 above, when analysing the development of the injury indicators since the beginning of the period considered, the whole Union industry experienced a deterioration of its situation and was negatively affected by the dumped imports.
- (233) The Commission expects that the imposition of a provisional anti-dumping duty will allow all producers to operate under conditions of fair trade on the Union market. In the absence of measures, a further deterioration of the Union industry's economic and financial situation is very likely.
- (234) The Commission therefore provisionally concluded that the imposition of an anti-dumping duty would be in the interest of the Union industry.
6.3. Interest of unrelated importers
- (235) The CEIEB came forward to oppose the imposition of measures. It represented twenty-one importers from seven Member States.
- (236) Eleven of the members of the CEIEB had participated in the sampling exercise. In addition, two companies outside of this collective also expressed their disagreement with the imposition of anti-dumping measures. Altogether, the thirteen companies for whom the volume of imports is known represented 10 % of the total imports from the PRC in the investigation period.
- (237) The submissions made by sampled importers showed that the imposition of duties was likely to disrupt at least temporarily their supply chains and threaten their financial position if they were not able to pass on the increased costs related to the duty to their customers.
- (238) The submissions made by the sampled importers also showed that the largest importers had been able to source suitable electric bicycles and/or had potential alternative sources of supply outside the PRC, including the Union industry. These importers employ most of the employees referred to in recital 236.
- (239) The import statistics show that Vietnam and Taiwan provided significant volumes of electric bicycles to European importers. It is also likely that other countries which are well positioned in the manufacturing of conventional bicycles could potentially supply importers.
- (240) In this regard, the Commission notes that the imposition of duties on imports of conventional bicycles from the PRC did not have the effect to close the Union market to imports and on the contrary expanded the number of countries supplying conventional bicycles. On the contrary, in large markets without measures on conventional bicycles from the PRC such as the United States and Japan, imports represented respectively 99 % and 90 % of the market and most of these imports came from the PRC.
- (241) The Commission noted that the bicycle industry consists of more than 450 producers, of which only 37 currently manufacture electric bicycles. In addition, the current manufacturers of electric bicycles supply already a wide range of electric bicycles, and can increase their production capacities in normal market conditions.
- (242) Although the imposition of duties could have an adverse effect on a number of mainly small importers, the negative impact of the imposition of duties could be mitigated by the availability to source suitable bicycles in the Union Industry, in other third countries, and in the PRC at fair prices.
- (243) The Commission therefore concluded that the imposition of duties was not in the interest of the importers, but that the likely negative effect on importers did not outweigh the positive effect of measures on the Union industry.
6.4. Interest of users
- (244) The European Cyclists' Federation (‘ECF’) came forward in this investigation. The ECF represents associations and federations of cyclists. The ECF submitted that the price is not the determining factor in whether people cycle more or less and provided evidence that countries where people cycle more are the countries where bicycles and electric bicycles cost more.
- (245) This pattern was corroborated by a submission made by the collective of importers opposing the measures which showed that the countries with the fastest rates of adoption of electric bicycles were the countries where electric bicycles were on average the most expensive.
- (246) The collective of importers also submitted that there was a strong link between the prices of electric bicycles, the national cycling culture, the quality of infrastructures and ultimately the adoption of electric bicycles.
- (247) The ECF is supportive of market conditions which foster quality, innovation and services. As such, if dumping was established, ECF claimed that it would play a negative role in the development of electric bicycles and as a consequence on the transition to a greener Europe offering more effective mobility to its citizens.
- (248) On the other hand, the collective of importers opposing the imposition of measures submitted that measures would prevent Chinese producers to supply the low-end as well as developing mid- and high-range products, which would result in reduced competition. Since the Union industry allegedly to a large extent is active in the mid- and high-range segments, this in turn would bring a reduction of choice and higher prices for the European consumers.
- (249) The investigation has shown that the Union industry is active in all segments of the market, including entry-level products. It is expected that the measures will amplify and diversify the supply of electric bicycles by restoring competition on a level playing field. It is recalled that the imposition of measures on conventional bicycles did not reduce the consumer choice, but increased the diversity of suppliers and of their countries of origins. The argument was therefore found to be unsubstantiated and had to be rejected.
- (250) Whilst the imposition of measures is expected to restore market prices which are de facto higher than dumped prices, price is one factor guiding consumer choices and the likely impact on prices for consumers has to be balanced by a cost-benefit comparison with alternatives to electric bicycles such as cars, motorcycles or scooters.
- (251) The Commission found that the interest of the consumer cannot be reduced to the price impact of bringing imports from the PRC to non-injurious levels. On the contrary, there is evidence that consumer choice is driven by other factors such as variety, quality, innovation, and service which can only be achieved under normal market conditions with fair and open competition.
- (252) The Commission therefore concluded that the measures would not unduly affect the situation of consumers and would contribute to the sustainable development of electric bicycles in Europe and its wider benefits to society in terms of protection of the environment and improved mobility.
6.5. Interest of other parties
- (253) Lastly, the European Trade Union industriAll came forward to express concerns on the negative impact of the dumped imports on the state of the Union Industry and its support of measures to ensure a level playing field and continued strong Union employment.
6.6. Conclusion on Union interest
- (254) Although an adverse effect of the measures on small importers of the product concerned and on prices to consumers could not be ruled out, it does not outweigh the benefits to suppliers, the union industry and consumers.
- (255) On the basis of the above, the Commission concluded that there were no compelling reasons that it was not in the Union interest to impose provisional measures on imports of the product concerned originating in the PRC at this stage of the investigation.
7. PROVISIONAL ANTI-DUMPING MEASURES
- (256) On the basis of the conclusions reached by the Commission on dumping, injury, causation and Union interest, provisional measures should be imposed to prevent further injury being caused to the Union industry by the dumped Chinese imports.
7.1. Injury elimination level
- (257) To determine the level of the measures, the Commission first established the amount of duty necessary to eliminate the injury suffered by the Union industry.
- (258) The injury would be eliminated if the Union industry was able to cover its costs of production and to obtain a profit before tax on sales of the like product in the Union market that could be reasonably achieved under normal conditions of competition by an industry of this type in the sector, namely in the absence of dumped imports.
- (259) To establish this profit that could be reasonably achieved under normal conditions of competition, the Commission considered the profits made on the sales to unrelated customers, which are used for the purpose of determining the injury elimination level.
- (260) The target profit was provisionally set at 4,3 % which is the highest average profit margin of the Union industry during the period considered. The sampled Union producers were not in a position to provide a profit margin for the manufacturing of electric bicycles before 2014.
- (261) The Commission then determined the injury elimination level on the basis of a comparison of the weighted average import price of the cooperating sampled exporting producers in the PRC, duly adjusted for importation costs and customs duties, as established for the price undercutting calculations, with the weighted average non-injurious price of the like product sold by the sampled Union producers on the Union market during the investigation period. Any difference resulting from this comparison was expressed as a percentage of the weighted average CIF import value.
- (262) The injury elimination level for ‘other cooperating companies’ and for ‘all other companies’ is defined in the same manner as the dumping margin for these companies (see recitals 123 to 127).
7.2. Provisional measures
- (263) Provisional anti-dumping measures should be imposed on imports of electric bicycles originating in the PRC in accordance with the lesser duty rule in Article 7(2) of the basic Regulation. The Commission compared the injury elimination levels and the dumping margins. The amount of the duty should be set at the level of the lower of the dumping margin and the injury elimination levels.
- (264) On the basis of the above, the provisional anti-dumping duty rates, expressed on the CIF Union border price, customs duty unpaid, should be as follows:
| Company | Dumping margin | Injury elimination level | Provisional anti-dumping duty |
|---|---|---|---|
| Bodo Vehicle Group Co., Ltd | 90,6 % | 77,6 % | 77,6 % |
| Giant Electric Vehicle (Kunshan) Co., Ltd | 34,6 % | 27,5 % | 27,5 % |
| Jinhua Vision Industry Co., Ltd and Yongkang Hulong Electric Vehicle Co., Ltd | 42,8 % | 21,8 % | 21,8 % |
| Suzhou Rununion Motivity Co., Ltd | 106,4 % | 83,6 % | 83,6 % |
| Cooperating exporting producers not sampled (see Annex) | 51,0 % | 37,0 % | 37,0 % |
| All other companies | 106,4 % | 83,6 % | 83,6 % |
- (265) The Commission made imports of the product concerned subject to registration by the registration Regulation in view of the possible retroactive application of any anti-dumping and countervailing measures under Article 14(5) of the basic Regulation and Article 24(5) of the basic anti-subsidy Regulation.
- (266) As far as the current anti-dumping investigation is concerned, and in view of the above findings, the registration of imports for the purpose of the anti-dumping investigation pursuant to Article 14(5) of the basic Regulation should be discontinued.
- (267) Regarding the parallel anti-subsidy investigation, the registration of imports of the product concerned pursuant to Article 24(5) of the basic anti-subsidy Regulation should continue.
- (268) No decision on a possible retroactive application of anti-dumping measures can be taken at this stage of the proceeding.
- (269) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of this investigation. Therefore, they reflected the situation found during this investigation with respect to these companies. These duty rates are exclusively applicable to imports of the product concerned originating in the PRC and produced by the named legal entities. Imports of the product concerned produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’. They should not be subject to any of the individual anti-dumping duty rates.
- (270) A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission 9. The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a notice informing about the change of name will be published in the Official Journal of the European Union.
- (271) To ensure a proper enforcement of the anti-dumping duties, the anti-dumping duty for all other companies should apply not only to the non-cooperating exporting producers in this investigation, but to the producers which did not have exports to the Union during the investigation period.
8. FINAL PROVISIONS
- (272) In the interests of sound administration, the Commission invited interested parties to submit written comments and/or to request a hearing with the Commission and/or the Hearing Officer in trade proceedings within a fixed deadline.
- (273) The findings concerning the imposition of provisional duties are provisional and may be amended at the definitive stage of the investigation,
HAS ADOPTED THIS REGULATION:
Article 1
A provisional anti-dumping duty is imposed on imports of cycles, with pedal assistance, with an auxiliary electric motor, originating in the People's Republic of China, currently falling within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711609010).
The rates of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:
| Company | Provisional anti-dumping duty | TARIC additional code |
|---|---|---|
| Bodo Vehicle Group Co., Ltd | 77,6 % | C382 |
| Giant Electric Vehicle (Kunshan) Co., Ltd | 27,5 % | C383 |
| Jinhua Vision Industry Co., Ltd and Yongkang Hulong Electric Vehicle Co., Ltd | 21,8 % | C384 |
| Suzhou Rununion Motivity Co., Ltd | 83,6 % | C385 |
| Other cooperating exporting producers listed in Annex | 37,0 % | See Annex |
| All other companies | 83,6 % | C999 |
The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States' customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the electric cycles sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People's Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.
The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Article 2
Within 25 calendar days of the date of entry into force of this Regulation, interested parties may:
- (a) Request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted;
- (b) Submit their written comments to the Commission; and
- (c) Request a hearing with the Commission and/or the Hearing Officer in trade proceedings.
Within 25 calendar days of the date of entry into force of this Regulation, the parties referred to in Article 21(4) of Regulation (EU) 2016/1036 may comment on the application of the provisional measures.
Article 3
In Article 1 of Implementing Regulation (EU) 2018/671, paragraph 1 is replaced by the following:
‘1. The customs authorities are hereby directed, pursuant to Article 24(5) of Regulation (EU) 2016/1037, to take the appropriate steps to register imports into the Union of cycles, with pedal assistance, with an auxiliary electric motor, currently falling within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711609010) and originating in the People's Republic of China.’
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 1 shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 2018.
For the Commission
The President
Jean-Claude JUNCKER
Commission Implementing Regulation (EU) 2018/671 of 2 May 2018 making imports of electric bicycles originating in the People's Republic of China subject to registration (OJ L 113, 3.5.2018, p. 4).
Complaint, Annex 10.
Complaint, Annex 9.
Maximum continuous rated power.
Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 55).
European Commission, Directorate-General for Trade, Directorate H, Rue de la Loi 170, 1040 Brussels, Belgium.
ANNEX
| Company Name | Province | TARIC additional code |
|---|---|---|
| Acetrikes Bicycles (Taicang) Co., Ltd | Jiangsu | C386 |
| Active Cycles Co., Ltd | Jiangsu | C387 |
| Aigeni Technology Co., Ltd | Jiangsu | C388 |
| Aima Technology Group Co., Ltd | Tianjin | C389 |
| Alco Electronics (Dongguan) Limited | Guangdong | C390 |
| Beijing Tsinova Technology Co., Ltd | Beijing | C391 |
| Changzhou Airwheel Technology Co., Ltd | Jiangsu | C392 |
| Changzhou Bisek Cycle Co., Ltd | Jiangsu | C393 |
| Changzhou Hj Pedal Co., Ltd | Jiangsu | C394 |
| Changzhou Rich Vehicle Technology Co., Ltd | Jiangsu | C395 |
| Changzhou Ristar Cycle Co., Ltd | Jiangsu | C396 |
| Changzhou Sobowo Vehicle Co., Ltd | Jiangsu | C397 |
| Changzhou Steamoon Intelligent Technology Co., Ltd | Jiangsu | C398 |
| Cutting Edge Power Vehicle Int'l TJ Co., Ltd | Tianjin | C399 |
| Cycleman E-Vehicle Ltd,. Co. | Jiangsu | C400 |
| Dongguan Benling Vehicle Technology Co., Ltd | Guangdong | C401 |
| Dongguan Honglin Industrial Co., Ltd and Melton Industrial (Dong Guan) Co., Ltd | Guangdong | C402 |
| Eco International Elebike Co., Ltd | Jiangsu | C403 |
| Everestt International Industries Ltd | Jiangsu | C404 |
| Foshan Lano Bike Co., Ltd | Guangdong | C405 |
| Foshan Zenith Sports Co., Ltd | Guangdong | C406 |
| Geoby Advance Technology Co., Ltd | Jiangsu | C407 |
| Guangdong Commercial Trading Imp. & Exp. Corp., Ltd | Guangdong | C408 |
| Guangdong Shunde Junhao Science & Technology Development Co., Ltd | Guangdong | C409 |
| Guangzhou Symbol Bicycle Co., Ltd | Guangzhou | C410 |
| Hangzhou Fanzhou Technology Co., Ltd | Zhejiang | C411 |
| Hangzhou Morakot E-Bike Manufacture Co., Ltd | Zhejiang | C412 |
| Hangzhou TOP Mechanical And Electrical Technology, Co. Ltd | Zhejiang | C413 |
| Hua Chin Bicycle & Fitness (H.Z.) Co., Ltd | Guangdong | C414 |
| Jiangsu Imi Electric Vehicle Technology Co., Ltd | Jiangsu | C415 |
| Jiangsu Lvneng Electrical Bicycle Technology Co., Ltd | Jiangsu | C416 |
| Jiangsu Stareyes Bicycle Industrial Co., Ltd | Jiangsu | C417 |
| Jiaxing Onway Ev Tech Co., Ltd | Zhejiang | C418 |
| Jinhua Enjoycare Motive Technology Co., Ltd | Zhejiang | C419 |
| Jinhua Feirui Vehicle Co., Ltd | Zhejiang | C420 |
| Jinhua Jobo Technology Co., Ltd | Zhejiang | C421 |
| Jinhua Suntide Vehicle Co., Ltd | Zhejiang | C422 |
| Jinhua Yifei Electric Science And Technology Co., Ltd | Zhejiang | C423 |
| Jinhua Zodin E-Vehicle Co., Ltd | Zhejiang | C424 |
| Kenstone Metal (Kunshan) Co., Ltd | Jiangsu | C425 |
| Komda Industrial (Dongguan) Co., Ltd | Guangdong | C426 |
| Kunshan Sevenone Cycle Co., Ltd | Jiangsu | C427 |
| Nanjing Jincheng Machinery Co., Ltd | Jiangsu | C428 |
| Nantong Tianyuan Automatic Vehicle Co., Ltd | Jiangsu | C429 |
| Ningbo Bestar Co., Ltd | Zhejiang | C430 |
| Ningbo Lvkang Vehicle Co., Ltd | Zhejiang | C431 |
| Ningbo Nanyang Vehicle Co., Ltd | Zhejiang | C432 |
| Ningbo Oner Bike Co., Ltd | Zhejiang | C433 |
| Ningbo Pugonying Vehicle Technology Co., Ltd | Zhejiang | C434 |
| Ningbo Roadsan New Energy Technology Co., Ltd | Zhejiang | C435 |
| Ningbo Shenchima Vehicle Industry Co., Ltd | Zhejiang | C436 |
| Ningbo Zixin Bicycle Industry Co., Ltd | Zhejiang | C437 |
| Pronordic E-Bikes Limited Company | Jiangsu | C438 |
| Shandong Eco Friendly Technology Co., Ltd | Shandong | C439 |
| Shanghai Promising Int'l Trade & Logistics Co., Ltd | Shanghai | C440 |
| Shenzhen SanDin Cycle Co., Ltd | Guangdong | C441 |
| Shenzhen Shenling Car Co., Ltd | Guangdong | C442 |
| Sino Lithium (Suzhou) Electric Technology Co., Ltd | Jiangsu | C443 |
| Skyland Sport Tech Co., Ltd | Tianjin | C444 |
| Suzhou Dynavolt Intelligent Vehicle Technology Co., Ltd | Jiangsu | C445 |
| Suzhou Guoxin Group Fengyuan Imp & Exp. Co., Ltd | Jiangsu | C446 |
| Suzhou Joydeer E-Bicycle Co., Ltd | Jiangsu | C447 |
| Taioku Manufacturing (Jiangsu) Co., Ltd | Jiangsu | C448 |
| Tianjin Luodeshengda Bicycle Co., Ltd | Tianjin | C449 |
| Tianjin Upland Bicycle Co., Ltd | Tianjin | C450 |
| Tianjin Anbike Electric Bicycle Co., Ltd | Tianjin | C451 |
| Ubchoice Co., Ltd | Guangdong | C452 |
| Universal Cycle Corporation (Guang Zhou) | Guangdong | C453 |
| Wettsen Corporation | Shandong | C454 |
| Wuxi Bashan E-Vehicle Co., Ltd | Jiangsu | C455 |
| Wuxi Merry Ebike Co., Ltd | Jiangsu | C456 |
| Wuxi METUO Vehicle Co., Ltd | Jiangsu | C457 |
| Wuxi Shengda Bicycle Co., Ltd | Jiangsu | C458 |
| Wuxi United Mobility Technology Inc | Jiangsu | C459 |
| Wuyi Simino Industry & Trade Co., Ltd | Zhejiang | C460 |
| Wuyi Yuema Leisure Articles Co., Ltd | Zhejiang | C461 |
| Xiangjin (Tianjin) Cycle Co., Ltd | Tianjin | C462 |
| Yadea Technology Group Co., Ltd | Jiangsu | C463 |
| Yong Qi (China) Bicycle Industrial Corp | Jiangsu | C464 |
| Yongkang Aijiu Industry & Trade Co., Ltd | Zhejiang | C465 |
| Yongkang Juxiang Vehicle Co, Ltd | Zhejiang | C466 |
| Yongkang Lohas Vehicle Co., Ltd | Zhejiang | C467 |
| Yongkang Mars Vehicle Co., Ltd | Zhejiang | C468 |
| Zhejiang Apollo Motorcycle Manufacturer Co., Ltd | Zhejiang | C469 |
| Zhejiang Baoguilai Vehicle Co., Ltd | Zhejiang | C470 |
| Zhejiang Enze Vehicle Co., Ltd | Zhejiang | C471 |
| Zhejiang Goccia Electric Technology Co., Ltd | Zhejiang | C472 |
| Zhejiang Jsl Vehicle Co., Ltd | Zhejiang | C473 |
| Zhejiang Kaiyi New Material Technology Co., Ltd | Zhejiang | C474 |
| Zhejiang Lianmei Industrial Co., Ltd | Zhejiang | C475 |
| Zhejiang Luyuan Electric Vehicle Co., Ltd | Zhejiang | C476 |
| Zhejiang Tuer Vehicle Industry Co., Ltd | Zhejiang | C477 |
| Zhejiang Xingyue Vehicle Co., Ltd, Zhejiang Xingyue Overfly Electric Vehicle Co., Ltd and Zhejiang Xingyue Electric Vehicle Co., Ltd | Zhejiang | C478 |
| Zhongshan Qiangli Electronics Factory | Guangdong | C479 |
| Zhongxin Power (Tianjin) Bicycle Co., Ltd | Tianjin | C480 |
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