You are on page 1of 3

C 281/8 EN Official Journal of the European Communities 10.9.

98

Non-opposition to a notified concentration
(Case No IV/M.1263 — Nortel/Bay)

(98/C 281/05)
(Text with EEA relevance)

On 21 August 1998, the Commission decided not to oppose the above notified concentration
and to declare it compatible with the common market. This decision is based on Article 6(1)(b)
of Council Regulation (EEC) No 4064/89. The full text of the decision is only available in
English and will be made public after it is cleared of any business secrets it may contain. It will
be available:
—Ùas a paper version through the sales offices of the Office for Official Publications of the
European Communities (see list on the last page),
—Ùin electronic form in the ‘CEN’ version of the CELEX database, under document number
398M1263. CELEX is the computerised documentation system of European Community
law; for more information concerning subscriptions please contact:
EUR-OP,
Information, Marketing and Public Relations (OP/4B),
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29Ø29-42455, fax (352) 29Ø29-42763.

Notice of initiation of a review of the anti-dumping measures applicable to imports of bicycles
originating in the People’s Republic of China

(98/C 281/06)

Following the publication of a notice of impending 2. Product
expiry of the anti-dumping measures in force on imports
of bicycles originating in the People’s Republic of
ChinaØ(Î), the Commission has received a request for a
review pursuant to Article 11(2) of Council Regulation The product concerned is bicycles and other cycles
(EC) No 384/96Ø(Ï) (hereinafter referred to as the basic (including delivery tricycles), not motorised, currently
Regulation). classified under CN codes 8712Ø00Ø10, 8712Ø00Ø30 and
8712Ø00Ø80. These CN codes are only given for
information. As described in detail below in paragraph 3,
the existing measures have been extended to certain
1. Request for a review bicycle parts.

The request was lodged on 5 June 1998 by the European
Bicycle Manufacturers Association (EBMA) on behalf of
producers representing a major proportion of the total 3. Existing measures
Community production of bicycles.

The measures currently in force are the definitive anti-
dumping duties imposed by Council Regulation (EEC)
No 2474/93Ø(Ð) on bicycles originating in the People’s
(Î)ÙOJ C 74, 10.3.1998, p. 4.
(Ï)ÙOJ L 56, 6.3.1996, p. 1, Regulation as last amended by
Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18). (Ð)ÙOJ L 228, 9.9.1993, p. 1.
10.9.98 EN Official Journal of the European Communities C 281/9

Republic of China, as extended, pursuant to Article 13 of (b) Injury
the basic Regulation, by Council Regulation (EC) No
71/97Ø(Î) to imports of certain bicycle parts from this
countryØ(Ï). The allegation of a likelihood of continuation or
recurrence of injury is based on the following facts.
Firstly, since the imposition of anti-dumping duties,
producers in the People’s Republic of China have
4. Grounds for review substantially increased their production capacity.

The request is based on the grounds that the expiry of This has, inter alia, led to significant market
the measures would be likely to result in the penetration of Chinese imports both on the US and
continuation or recurrence of dumping and injury to the the Japanese markets. Secondly, some countries have
Community industry. adopted safeguard measures or, as mentioned above,
anti-dumping measures against imports of Chinese
bicycles.

(a) Dumping
On the basis of the foregoing, it is alleged that if the
anti-dumping measures as described in paragraph 3
were allowed to lapse, Chinese exports would on a
This allegation of dumping is based on a comparison
large scale be diverted to the Community. It is
of Chinese export prices of the product concerned
alleged that these exports would in all likelihood be
with Mexican domestic prices. In this context it
made at prices which undercut those of the
should be noted that the applicant has proposed
Community industry.
Mexico as an appropriate analogue country.

5.ÙProcedure for the determination of a likelihood of a
EBMA has also provided information that Canada continuation or recurrence of dumping and injury
has recently renewed anti-dumping measures on
imports of bicycles from the People’s Republic of
China. Having determined, after consulting the Advisory
Committee, that sufficient evidence exists for the
initiation of a review, the Commission hereby initiates an
investigation pursuant to Article 11(2) of the basic Regu-
For these reasons, it is alleged that dumping would lation.
in all likelihood continue in the absence of measures.

(a) Questionnaires

(Î)ÙOJ L 16, 18.1.1997, p. 55. In order to obtain the information it deems necessary
(Ï)ÙThe parts in question are the following: for its investigation, the Commission will send ques-
—Ùpainted or anodised or polished and/or lacquered bicycle tionnaires to the Community producers, exporters
frames (currently classified under CN code ex and importers who participated in the investigations
8714Ø91Ø10),
—Ùpainted or anodised or polished and/or lacquered bicycle
having led to the existing measures. At the same
front forks (currently classified under CN code ex time, a copy of the corresponding questionnaire will
8714Ø91Ø30), be sent to any known representative association of
—Ùderailleur gears (currently classified under CN code exporters and importers. The authorities of the
8714Ø99Ø50), exporting country will be notified of the exporters
—Ùcrank-gear (currently classified under CN code known to be concerned and provided with a copy of
9714Ø96Ø30), the questionnaire sent to them.
—Ùfree-wheel sprocket-wheels (currently classified under
CN code 8714Ø93Ø90), whether or not presented in sets,
—Ùother brakes (currently classified under CN code
8714Ø94Ø30), Other interested exporters and importers are invited
—Ùbrake levers (currently classified under CN code ex to contact the Commission forthwith in order to find
8714Ø94Ø90), whether or not presented in sets, out whether they are concerned by the review, in
—Ùcomplete wheels with or without tubes, tyres and which case they should request a copy of the ques-
sprockets (currently classified under CN code ex tionnaire as soon as possible and not later than 15
8714Ø99Ø90), and
—Ùhandlebars (currently classified under CN code
days from the publication of this notice, as they are
8714Ø99Ø10), whether or not presented with a stem, brake also subject to the general time limit set out in
and/or gear levers attached. paragraph 7(a) of this notice. Any request for ques-
These CN codes are only given for information. tionnaires must be made in writing to the address
C 281/10 EN Official Journal of the European Communities 10.9.98

below and should indicate the name, address, 7. Time limits
telephone, fax and/or telex numbers of the interested
party. (a) General time limit

Interested parties, if their representations are to be
(b) Collection of information and holding of hearings taken into account during the investigation, must
make themselves known, present their views in
writing and submit information within 40 days from
All interested parties, provided that they can show the date of publication of this notice.
that they are likely to be affected by the results of
the investigation, are hereby invited to make their Interested parties may also apply to be heard by the
views known in writing and to provide supporting Commission within the same time limit. This time
evidence. This may include comments and limit also applies to interested parties unknown to
information concerning the likelihood of a the Commission, and it is consequently in the
continuation or recurrence of circumvention. interest of these parties to contact the Commission
without delay.

Furthermore, the Commission may hear interested (b) Specific time limit for selection of the market economy
parties, provided that they make a request in writing third country
and show that there are particular reasons why they
should be heard. Parties to the investigation who wish to comment on
the appropriateness of Mexico, which is envisaged as
an appropriate market economy third country for the
(c) Selection of the market economy third country purpose of examining normal value in the context of
determining whether there is a likelihood of a
continuation or recurrence of dumping, shall submit
Mexico is envisaged as an appropriate market their observations within 10 days from the publi-
economy third country for the purpose of estab- cation of this notice.
lishing normal value, in accordance with Article
2(7)(a) of the basic Regulation. Parties to the investi- (c) Commission address for correspondence
gation are hereby invited to comment on the appro-
priateness of this choice within the specific time limit European Commission
set under paragraph 7(b) below. Directorate-General I — External Relations:
Commercial Policy and Relations with North
America, the Far East, Australia and New Zealand
6. Community interest Directorates I-C/I-E
DM 24 — 8/38
Rue de la Loi/Wetstraat 200
In accordance with Article 21 of the basic Regulation B-1049 Brussels
and in order that an informed decision may be reached Fax (32-2) 295Ø65Ø05
as to whether it would be in the Community interest Telex COMEU B 21877.
either to maintain or to repeal the anti-dumping
measures currently in force, the Community producers, 8. Non-cooperation
importers and their representative associations, and
representative users may, within the limit specified in this In cases in which any interested party refuses access to,
notice, make themselves known and provide the or otherwise does not provide necessary information
Commission with information. It should be noted that within the time limit, or significantly impedes the investi-
any information submitted under this Article will only be gation, findings, affirmative or negative, may be made in
taken into account if supported by factual evidence at accordance with Article 18 of the basic Regulation, on
the time of submission. the basis of the facts available.