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Commission Implementing Regulation (EU) 2025/114 of 23 January 2025 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council

Type Implementing Regulation
Publication 2025-01-23
Last updated 2026-04-15
State In force
Department European Commission, TRADE
Source EUR-Lex
articles 2
Reform history JSON API

(259) No users or unrelated importers came forward and cooperated in this investigation by submitting a questionnaire reply apart from the above-mentioned submission. On the basis of the information available to the Commission, it found that there was no evidence contradicting the conclusion in the original investigation that the negative effects on unrelated importers could not be considered disproportionate and was mitigated by the availability of alternative sources of supply. The positive effects of the countervailing measures on the Union market, in particular on the Union industry, outweighed the potential negative effect on the other interest groups. Indeed, the investigation confirmed that, in addition to China, there are increasingly other source of supply from third countries. Therefore, the Commission concluded that the continuation of measures would not be disproportionally detrimental to users and importers.

(260) Following disclosure, one interested party claimed that if the measures are not repealed e-bikes will continue to be unnecessarily overpriced and less available for users. It claimed if the measures are repealed that reduction in the price of e-bikes would lead to significant increase in sales of e-bikes. The Commission considered that lower prices not necessarily lead to an increase in sales, since safety, quality, reliability and service, in addition to prices, are also criteria when users consider the purchase of an e-bike. Also, if the measures were to be repealed, this would have a negative impact on the economic situation of the Union industry, which would affect innovation and product variety and result in less choice for users. On this basis, this claim was rejected.

(261) On the basis of the above, the Commission concluded that there were no compelling reasons of Union interest against the maintenance of the existing measures on imports of the product under review originating in the PRC.

(262) On the basis of the conclusions reached by the Commission on continuation of subsidisation, recurrence of injury and Union interest, the anti-subsidy measures on imports of electric bicycles originating in the PRC should be maintained.

(263) To minimise the risks of circumvention due to the differences in duty rates, special measures are needed to ensure the application of the individual countervailing duties. The application of individual countervailing duties is only applicable upon presentation of a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(3) of this regulation. Until such invoice is presented, imports should be subject to the countervailing duty applicable to ‘all other imports originating the PRC’.

(264) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of countervailing duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this Regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.

(265) Should the imports to the Union by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting, in itself, a change in the pattern of trade due to the imposition of measures within the meaning of Article 23(1) of the basic Regulation. In such circumstances and provided the conditions are met, an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a country-wide duty.

(266) The individual company countervailing duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in the PRC and produced by the named legal entities. Imports of the product under review 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 imports originating in the People’s Republic of China’. They should not be subject to any of the individual countervailing duty rates.

(267) A company may request the application of the individual duty rate if it changes subsequently the name of its entity. The request must be addressed to the Commission (88). 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, an amending regulation informing about the change of name will be published in the Official Journal of the European Union.

(268) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 (89) of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

(269) The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

1.

A definitive countervailing 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 under CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711 60 90 10).

2.

The rate of the definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product describe in paragraph 1 and manufactured by the companies listed below shall be as follows:

3.

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 (volume) of (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. 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.

4.

In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period. The amount to be reimbursed to the applicant for refund cannot exceed the difference between the duty collected and the combined countervailing and anti-dumping duty established in the refund investigation.

5.

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

Article 2

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.

Done at Brussels, 23 January 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 30.6.2016, p. 55, ELI: http://data.europa.eu/eli/reg/2016/1037/oj.

(2) Commission Implementing Regulation (EU) 2019/72 of 17 January 2019 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China (OJ L 16, 18.1.2019, p. 5, ELI: http://data.europa.eu/eli/reg_impl/2019/72/oj).

(3) Commission Implementing Regulation (EU) 2023/610 of 17 March 2023 reimposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China as regards Giant Electric Vehicle (Kunshan) Co., Ltd following the judgment of the General Court in case T-243/19 (OJ L 80, 20.3.2023, p. 54, ELI: http://data.europa.eu/eli/reg_impl/2023/610/oj).

(4) Commission Implementing Regulation (EU) 2019/73 of 17 January 2019 imposing a definitive anti-dumping duty and collection the provisional duty on imports of electric bicycles originating in the People’s Republic of China (OJ L 16, 18.1.2019, p. 108, ELI: http://data.europa.eu/eli/reg_impl/2019/73/oj).

(5) Notice of initiation of an expiry review of the anti-subsidy measures applicable to imports of electric bicycles originating in the People’s Republic of China (OJ C/2024/798, 17.1.2024, ELI: http://data.europa.eu/eli/C/2024/798/oj).

(6) The term ‘GOC’ is used in this Regulation in a broad sense, including the State Council, as well as all Ministries, Departments, Agencies and Administrations at central, regional or local level.

(7) Commission Implementing Decision (EU) 2024/1279 of 8 May 2024 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 (OJ L, 2024/1279, 21.5.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/1279/oj).

(8) Commission Implementing Regulation (EU) 2023/1647 of 21 August 2023 imposing a definitive countervailing duty on imports of certain coated fine paper originating in the people’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 207, 22.8.2023, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2023/1647/oj).

(9) Commission Implementing Regulation (EU) 2023/1123 of 7 June 2023 imposing a definitive countervailing duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 148, 8.6.2023, p. 84, ELI: http://data.europa.eu/eli/reg_impl/2023/1123/oj).

(10) Commission Implementing Regulation (EU) 2021/328 of 24 February 2021 imposing a definitive countervailing duty on imports of continuous filament fibre glass products originating from the People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 65, 25.2.2021, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2021/328/oj).

(11) Commission Implementing Regulation (EU) 2022/72 of 18 January 2022 imposing definitive countervailing duties on imports of optical fibre cables originating in the People’s Republic of China and amending Implementing Regulation (EU) 2021/2011 imposing a definitive anti-dumping duty on imports of optical fibre cables originating in the People’s Republic of China (OJ L 12, 19.1.2022, p 34, ELI: http://data.europa.eu/eli/reg_impl/2022/72/oj).

(12) SWD (2024)91 final, 10.4.2024.

(13) Implementing Regulation (EU) 2019/72, recitals (97) to (100).

(14) Implementing Regulation (EU) 2019/72, recitals (101) to (106).

(15) Implementing Regulation (EU) 2019/72, recitals 109 to 113.

(16) Ibid. recital (114).

(17) Ibid, recital (129).

(18) Implementing Regulation (EU) 2019/72, recitals 116 to 128.

(19) Ibid. recital (130).

(20) NPC, 2021, Outline of the 14th Five-Year Programme for National Economic and Social Development of the People’s Republic of China and 2035 Long-term Vision, available from: http://www.gov.cn/xinwen/2021-03/13/content_5592681.htm (accessed: 22.11.2023) (in Chinese).

(21) ‘14th Five Year Plan’ for High-quality Development of Manufacturing Industry in Tianjin.

(22) Ibid, pages 23-24.

(23) Ibid, pages 14-20.

(24) 33 Policy Incentives by Tianjin for Economic Improvement in 2023 Q1, paragraphs 10, 17, 18.

(25) High-quality development plan of manufacturing industry in Jiangsu Province, page 42.

(26) Ibidem, page 27.

(27) The Action Plan for Promoting Steady Progress and Quality Improvement of Industrial Economy in Zhejiang Province, pages 2 and 15.

(28) Action Plan for Developing Strategic Pillar Industry Clusters of Modern Light Industry and Textile in Guangdong Province (2021-2025), pages 12 and 15.

(29) Implementing Regulation (EU) 2019/72 (‘the original E-bikes from China investigation’).

(30) 14th 5-Year Plan for Bicycles and Electric Bicycles, pages 3-4 and 13-14. Available online at: https://m.fx361.com/news/2021/1104/9062073.html.

(31) Ibid, pages 59 and 62-63.

(32) Ibid, pages 27 and 28.

(33) Ibid, pages 35-37.

(34) Tianjin, Wuqing Bicycle and Parts Co-development Zone, Hebei Province, Jiangsu Province, Suzhou Bicycle Export Base, Zhejiang Province, Taizhou Electric Bicycle Production and Export Concentration Zone, Guangdong Province, Foshan Sports Bike R & D and Design Industrial Base and Guangxi Province.

(35) Guiding Opinions on Promoting the High-Quality Development of the Light Industry, 2022, available online at: http://www.gov.cn/zhengce/zhengceku/2022-06/19/content_5696665.htm.

(36) Ibidem, points 17, 18, 20, 21 and 23.

(37) Notice of the State Council on the Publication of Made in China 2025, available at: https://cset.georgetown.edu/wp-content/uploads/t0432_made_in_china_2025_EN.pdf.

(38) USTR, ‘2019 Report to Congress On China’s WTO Compliance’, March 2020, p. 31 (available at: https://ustr.gov/sites/default/files/2019_Report_on_China%E2%80%99s_WTO_Compliance.pdf).

(39) Notice of the State Council on the Publication of ‘Made in China 2025’ (available at: https://cset.georgetown.edu/wp-content/uploads/t0432_made_in_china_2025_EN.pdf).

(40) Available at http://www.asianlii.org/cn/legis/cen/laws/tpopisa783/.

(41) Decision of the State Council on Promulgating and Implementing the Temporary Provisions on Promoting Industrial Structure Adjustment No 40 (2005); Guidance Catalogue for the Industrial Structure Adjustment (2019) (available at: https://www.gov.cn/xinwen/2019-11/06/5449193/files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf).

(42) Guidance Catalogue for the Industrial Structure Adjustment (2019), p. 17 (available at: https://www.gov.cn/xinwen/2019- 11/06/5449193/files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf).

(43) Catalogue of Encouraged Industries for Foreign Investment, points 129, 268, 269, 271 and 304 (2022 Edition, available at: https://www.china-briefing.com/news/wp-content/uploads/2021/01/Catalogue-of-Encouraged-Industries-for-Foreign-Investment-Edition-2020.pdf).

(44) Implementing Regulation (EU) 2019/72, Section 3.5.1.

(45) Ibid. recitals (218)-(222).

(46) Ibid. recitals (222) and (297).

(47) Implementing Regulation (EU) 2019/72, Sections 3.5.4.2 and 3.5.4.3.

(48) See points 63-87 and corresponding annexes of the Open version of expiry review request.

(49) Expiry review request, Annex 40.

(50) Expiry review request Annex 11, Yadea 2022 Annual Report, p. 179 and 184.

(51) Expiry review request, Annex 11, JoyKie 2022 Annual Report, p. 107 et seq and 508.

(52) Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purpose of trade defence investigations, SWD (2024) 91 final, 10.4.2024 (‘the China Report’), Section 6.

(53) Regulation (EU) 2023/1647, Regulation (EU) 2023/1123 and Regulation (EU) 2021/328.

(54) Implementing Regulation (EU) 2019/72, Section 3.6.

(55) Implementing Regulation (EU) 2019/72, recital (362).

(56) Expiry review request, Annex 46, Sinosure Profile.

See also sinosure.com.cn/en/Sinosure/Profile/index.shtml.

(57) China report, Section 6.6.

(58) Regulation (EU) 2023/1647, Regulation (EU) 2022/72 and Regulation (EU) 2021/328.

(59) Implementing Regulation (EU) 2019/72, Section 3.7.2.

(60) Ibid, recitals (382)-(383).

(61) Ibid, recitals (390)-(393).

(62) Implementing Regulation (EU) 2019/72, Section 3.7.2.7.

(63) Expiry review request, Section 6.4(b)(ii) and corresponding Annexes.

(64) Expiry review request, Annex 29.

(65) Expiry review request, Annex 60.

(66) Expiry review request, Annex 60.

(67) Expiry review request para. 236 and Annex 11.

(68) Implementing Regulation (EU) 2019/72, Section 3.7.3.

(69) Ibid, recitals (443)-(445).

(70) Ibid, recitals (452)-(461).

(71) Implementing Regulation (EU) 2019/72, Section 3.7.3.7.

(72) Expiry review request, Section 6.4(b)(iii) and corresponding Annexes.

(73) 13th 5-Year Plan for the battery industry adopted by the China Chemical and Physical Power Industry Association, Chapter V, Section I.

(74) 2022-2027 China Electric Bicycle Lithium-ion Battery Industry Market Depth Research and Development Prospects Investment Feasibility Analysis Report.

(75) Expiry review request, various annual reports in Annex 11.

(76) Implementing Regulation (EU) 2019/72, Section 3.7.4.

(77) Ibid., Section 3.7.4(e).

(78) Expiry review request, Section 6.4.a.

(79) China Report, Chapter 9.

(80) Regulation (EU) 2023/1647, Regulation (EU) 2023/1123, Regulation (EU) 2022/72 and Regulation (EU) 2021/328.

(81) Expiry review request, Annex 52.

(82) Expiry review request, Annex 11.

(83) Implementing Regulation (EU) 2019/72, recital (571).

(84) Expiry review request, Section 6.2.e. and corresponding Annexes.

(85) According to information provided by the applicant based on its market knowledge, information from the websites of a large number of Chinese e-bike producers and the ‘ White Paper on China’s Two-Wheeled Electric Vehicle Industry ’, available at https://m.thepaper.cn/baijahao_17589803 (last viewed on 7 October 2024). See Annex 8 of the request, available in Tron at Tron.tdi t24.000756.

(86) Based on the applicant’s market knowledge and the websites of the known Chinese e-bike producers. See Annex 4 of the request, available in Tron at Tron.tdi t24.000756.

(87) Based on the sources mentioned in footnotes 85 and 96. See Annexes 8 and 9 of the request, available in Tron at Tron.tdi t24.000756.

(88) European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi 170, 1040 Brussels, Belgium.

(89) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

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