Commission Implementing Regulation (EU) 2025/120of 23 January 2025imposing a definitive anti-dumping duty on imports of electric bicycles, originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
32025R0120
European Union
§ Article 3
Article 3 of the CBA available at http://www.china-bicycle.com/information/?cid=33. (accessed on 29 August 2024).
. In particular, Article 21 of the CBA established the composition of the Board of Directors and the conditions they have to fulfil including support the leadership of the Communist Party of China, conscientiously implement the Party’s line, principles and policies, abide by laws and regulations, abide by social and professional ethics, and have high political quality and professionalism. Moreover, the Jiangsu Bicycle Association
See http://www.jsbeva.cn/?xhzc/ (accessed on 29 August 2024).
, includes in its Article 4 that the In accordance with the provisions of the Constitution of the Communist Party of China, this association shall establish the organization of the Communist Party of China, carry out party activities and provide necessary conditions for the activities of the party organization, and in its Article 5 The registration authority of this association is the Civil Affairs Department of Jiangsu Province. This association accepts the business guidance and supervision and management of the Civil Affairs Department of Jiangsu Province and other relevant departments.
(52) Concerning the main producers of electric bicycles, the investigation also found that Fushida is a member of the CBA, and its CEO is a Party Branch secretary
See https://www.tjdl.gov.cn/dongtai/jddt/202206/t20220622_5913121.html (accessed on 29 August 2024).
. Shanghai Phoenix is a company which is 24,36 % owned by the State
See 2023 Annual Report pages 9, 28 and 65 available at http://file.finance.sina.com.cn/211.154.219.97:9494/MRGG/CNSESH_STOCK/2024/2024-4/2024-04-27/10118847.PDF (accessed on 29 August 2024).
and the Chairman is a Party Committee Secretary since January 2023. Flying Pigeon is a State-Owned Enterprise held by Tianjin Bohai Light Industry Investment Group, a State-Owned Enterprise Group under SASAC
See https://www.flyingpigeon1936.com/index.html (accessed on 29 August 2024).
. As regards private company Zhonglu co. operating the Shanghai Forever brand, it is to be noted that the Chairman of the company is a deputy secretary of the Party Committee
See 2023 Annual Report of, page 22 available at http://file.finance.sina.com.cn/211.154.219.97:9494/MRGG/CNSESH_STOCK/2024/2024-4/2024-04-18/9985123.PDF (accessed on 29 August 2024).
.
(53) Further, policies discriminating in favour of domestic producers or otherwise influencing the market in the sense of Article 2(6a)(b), third indent of the basic Regulation are in place in the sector of the product under review. The investigation identified further documents showing that the industry benefits from governmental guidance and intervention into the electric bicycles sector. Moreover, the bicycle industry in Jinghai District was included in the list of characteristic industry clusters of small and medium-sized enterprises in 2023 announced by the Ministry of Ministry of Industry and Information Technology (see recital (49) above)
Press article on Jinghai Industry Park dated 4.7.2024, The robot arm of AIMA Technology’s Tianjin factory is working available at https://m.yunnan.cn/system/2024/07/04/033128530.shtml (accessed on 29 August 2024).
.
(54) No evidence was submitted in the present investigation demonstrating that the electric bicycles sector is not affected by the government intervention in the financial system in the sense of Article 2(6a)(b), sixth indent of the basic Regulation. For instance, the investigation confirmed that Shanghai Phoenix benefited from governmental subsidies in 2022 and 2023 as stated in its 2023 Annual Report
See 2023 Annual Report, page 165 available at http://file.finance.sina.com.cn/211.154.219.97:9494/MRGG/CNSESH_STOCK/2024/2024-4/2024-04-27/10118847.PDF (accessed on 29 August 2024).
. Zhonglu co, operating the Shanghai Forever brand has also benefited from governmental subsidies as stated in its 2023 Annual Report
See 2023 Annual Report, page 116 available at http://file.finance.sina.com.cn/211.154.219.97:9494/MRGG/CNSESH_STOCK/2024/2024-4/2024-04-18/9985123.PDF (accessed on 29 August 2024).
.
(55) Finally, the Commission recalls that in order to produce the product under review, a number of inputs are needed (see also recital (40) above). When the producers of electric bicycles purchase/contract these inputs, the prices they pay (and which are recorded as their costs) are clearly exposed to the same systemic distortions mentioned before. For instance, suppliers of inputs employ labour that is subject to the distortions. They may borrow money that is subject to the distortions on the financial sector/capital allocation. In addition, they are subject to the planning system that applies across all levels of government and sectors.
(56) As a consequence, not only the domestic sales prices of electric bicycles are not appropriate for use within the meaning of Article 2(6a)(a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are also affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the (updated) Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout the PRC. This means, for instance, that an input that in itself was produced in the PRC by combining a range of factors of production is exposed to significant distortions. The same applies for the input to the input and so forth.
(57) In sum, the evidence available showed that prices or costs of the product under review, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation, as shown by the actual or potential impact of one or more of the relevant elements listed therein. On that basis, and in the absence of any cooperation from the GOC, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case. Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the basic Regulation, as described in the following section.
3.3.2.
Representative country
3.3.2.1.
General remarks
(58) The choice of the representative country was based on the following criteria pursuant to Article 2(6a) of the basic Regulation:
a level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank
World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income.
,
production of the product under review in that country
If there is no production of the product under review in any country with a similar level of development, production of a product in the same general category and/or sector of the product under review may be considered.
,
existence of relevant readily available data in the representative country,
where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection.
(59) As explained in recital (36), the Commission issued a note to the file on the sources for the determination of the normal value on 18 July 2024. This note described the facts and evidence underlying the relevant criteria, informed interested parties of its intention to consider Türkiye as an appropriate representative country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic Regulation would be confirmed.
(60) In line with the criteria listed under Article 2(6a) of the basic Regulation, the Commission identified Türkiye as a country with a similar level of economic development as the PRC. Türkiye is classified by the World Bank as an upper-middle income country on a gross national income basis. Furthermore, Türkiye was identified as a country where the product under review is produced and where relevant data was readily available.
(61) Finally, having established that, based on all of the above elements, Türkiye was an appropriate representative country, and with no alternative appropriate representative country being proposed by any of the interested parties, there was no need to carry out an assessment of the level of social and environmental protection in accordance with the last sentence of Article 2(6a)(a) first indent of the basic Regulation.
3.3.2.2.
Conclusion
(62) In the absence of cooperation, as proposed in the expiry review request and given that Türkiye met the criteria laid down in Article 2(6a)(a), first indent of the basic Regulation, the Commission selected Türkiye as the appropriate representative country.
3.3.3.
Sources used to establish undistorted costs
(63) In the note on relevant sources to use for the determination of the normal value, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under review by Union and Turkish producers based on the information in the expiry review request duly updated where more accurate information was available. The Commission also stated that, in order to construct the normal value in accordance with Article 2(6a)(a) of the basic Regulation, it would use Global Trade Atlas (GTA)
to establish the undistorted cost of some of the factors of production, notably the most important raw materials. In addition, the Commission stated that it would use information from the Turkish Statistical Institute
for establishing undistorted costs of labour and energy.
(64) The Commission also stated that to establish the reasonable amounts for SG&A costs and for profit, it would use the financial data from Company Account Statistics for 206 companies active in NACE category 30.9, as set out in recital (36).
(65) The Commission further informed the interested parties that a number of factors of production (paint, undercoat and EPAC electric kit) all individually represented a small share of the total raw material / component costs in the review investigation period (together less than 1 % of the total raw material / component costs). The Commission therefore treated these other factors of production as consumables and expressed these consumables as a percentage of the total cost of raw materials.
(66) In addition, the Commission included a value for manufacturing overhead costs in order to cover costs not included in the factors of production referred to above. The Commission established the ratio of manufacturing overheads to the direct costs of manufacturing, based on specific information from Union producers and their related companies, provided by the applicant
The Applicant estimated overheads (rentals, consumables and others) at a conservative 1 % of the total manufacturing cost of an e-bike. See Annexes 40.0 and 40.1 of the review request, available in Tron.tdi t24.000754.
.
(67) In light of the applicant’s comments on the Note to the File, the Commission made two changes to the list of the factors of production as follows. First, a clerical error was corrected where the information related to batteries was inadvertently switched with the information for the electric motor for bicycles. Second, for four factors of production (crank sets, pedals, rear hub and front hub) the commodity codes used in the note were replaced with more accurate commodity codes directly related to the parts concerned. These changes were reflected in Table 1.
3.4.
Undistorted costs and benchmarks
3.4.1.
Factors of production
(68) Considering all the information based on the request and subsequent information submitted by the applicant and collected during the verification visits, the following factors of production and their sources have been identified in order to determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:
Table 1
Factors of production of e-bikes
Factor of ProductionCommodity CodeUndistorted value (CNY)Unit of measurementSource of informationRaw materialsAdapters (electrical parts)3923509055,13PieceReview requestAdapters (others)39235090, 871499901,61PieceReview requestBattery850761487,88PieceGTABattery case3923509054,78KilogramGTABell8714993,64PieceReview requestBrake87149420282,49KilogramGTABrake inner wire8714 992,83PieceReview requestBrake lever8714949014,24PieceReview requestCable group-3,73MetreReview requestChain73151110, 7315190032,53MetreReview request
Chain cover87149990001936,29SetReview requestChain cover holder871499903,83PieceReview requestConnecting part8714990,56PieceReview requestCrank Set87149630120,22KilogramGTADecal490890511,63KilogramGTAElectric bike parts8714991,38MetreReview requestElectric cable87149951,00PieceReview requestElectric motor for bicycle85013100901162,33PieceGTAFork87149130626,86PieceGTAFrame8714911000191485,75PieceGTAFrame accessories8714999000195,47PieceReview requestFront Hub871493185,46KilogramGTAGrip8714999011,03PieceReview requestHandlebar8714991028,65PieceGTAHandlebar stem8714999037,13KilogramGTAHead light871499115,77PieceReview requestHead light bracket87149914,59PieceReview requestHead set8714919059,39KilogramGTAHead sets compressor871491903,83PieceReview requestInner tube4013205,96PieceGTAKick-stand87149932,47PieceReview requestMudguard8714999056,85SetReview requestMudguard parts8714999015,68PieceReview requestGear hub components8714999015,85PieceReview requestSpoke Nipples871499905,67PieceReview requestOuter casing-5,13MetreReview requestPedal8714961042,23PairGTARear carrier8714993097,30PieceGTA
Rear derailleur87149950168,27KilogramGTARear Hub871493185,46KilogramGTARear sprocket871493185,46KilogramGTAWheel Rim8714921085,76PieceReview requestRim tape87149991,23PieceReview requestRotor87149943,32PieceReview requestSaddle87149581,05KilogramGTASeat clamp8714999037,13KilogramGTASeat post8714999037,13KilogramGTAShifter8714999037,13KilogramGTASpeedometer871499364,85PieceReview requestSpoke8714999037,13KilogramGTASpoke protector871499903,83PieceReview requestSwitch3923509054,78KilogramGTATail light87149912,92PieceReview requestTire40115022,52PieceGTALabourLabourN/A50,90HoursTurkish Statistical InstituteEnergyElectricityN/A0,892kWhTurkish Statistical InstituteGasN/A4,112kWhTurkish Statistical Institute
3.4.1.1.
Raw materials
(69) The production processes of e-bikes are globally similar, with no significant differences between the production processes or the input materials used in the PRC, the Union and other countries.
(70) In order to establish the undistorted price of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis the weighted average import price to the representative country as reported in the GTA to which import duties were added. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding the PRC and countries which are not members of the WTO, listed in Annex I of Regulation (EU) 2015/755 of the European Parliament and the Council
Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33, ELI: http://data.europa.eu/eli/reg/2015/755/oj). Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value.
. The Commission decided to exclude imports from the PRC into the representative country as it
concluded in recital (57) that it is not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions do not equally affect products intended for export, the Commission considered that the same distortions affected export prices. After excluding imports from the PRC into the representative country, the volume of imports from other third countries remained representative.
(71) The Commission did not find any other imports in material quantities from other distorted sources.
(72) For some factors of production, the statistical data from GTA provided prices per tonne/kilogram, while the consumption values in the production of an e-bike were in pieces (or other units such as metres). This concerned the following factors of production: switches, brakes, crank sets, rear derailleurs, rear sprockets, shifters, front hubs, rear hub, spokes, rear hubs, decals, head sets, pedals, saddles, seat clamps, and seat posts. For the conversion factors to be used for these factors of production, the Commission relied on the explanations and supporting evidence provided by the applicants in the request
See Annex 40.2 of the request, available in Tron.tdi t24.000754 and also provided as an annex to the note to file on the sources for the determination of the normal value (Tron.tdi t24.006125).
. This evidence consisted of information from specialised websites
and the applicants’ own calculations of weight per item
These calculations were done by placing a certain item (e.g. a rear hub) on a digital scale and dividing the total weight in the import statistics for that item by the weight per piece.
.
(73) For a number of factors of production the actual costs incurred by the sampled Union producers represented a negligible share of total raw material costs in the review investigation period. As the value used for these factors of production had no appreciable impact on the dumping margin calculations, regardless of the source used, the Commission decided to include those costs in consumables as explained in recital (65).
(74) In view of lack of cooperation and in the absence of other elements on file, based on the data provided by the applicant, the Commission established the ratio of consumables to the total raw material / components costs at 1 %. This percentage was then applied to the recalculated cost of raw materials / components when using the established undistorted prices.
(75) Normally, domestic transport prices should also be added to these import prices. However, considering the absence of cooperation as well as the nature of this expiry review investigation, which is focused on finding whether dumping continued during the review investigation period or could reoccur, rather than finding its exact magnitude, the Commission decided that adjustments for domestic transport were unnecessary. Such adjustments would only result in increasing the normal value and hence the dumping margin.
3.4.1.2.
Labour
(76) The Turkish Statistical Institute publishes detailed information on wages in different economic sectors in Türkiye. The Commission used the latest available statistics (2022) for average labour cost in NACE Sector 30 which includes costs for labour in the manufacturing of e-bikes
https://data.tuik.gov.tr/ (last accessed on 6 September 2024).
. The hourly average labour costs thus obtained were further adjusted for inflation using the labour cost index
https://data.tuik.gov.tr/Bulten/Index?p=Labour-Input-Indices-Quarter-I:-January-March,-2024-53682 (last accessed on 6 September 2024).
to reflect the costs for the review investigation period.
3.4.1.3.
Electricity
(77) To establish the benchmark price for electricity, the Commission used prices as reported in the electricity tariff tables based on electricity bills published by the Turkish Energy Market Regulatory Authority (EMRA) in its regular press releases
EMRA | Energy Market Regulatory Authority (epdk.gov.tr) (last accessed on 6 September 2024).
. The Commission used the data related to the industrial electricity prices in Kuruş/kWh for the industrial sector for 2023, which was 0,892 CNY/kWh.
3.4.1.4.
Natural gas
(78) To establish the benchmark price for gas, the Commission used the price of gas for industrial users in Türkiye as published by the Turkish Statistical Institute
http://www.turkstat.gov.tr (last accessed on 6 September 2024).
in its regular press releases for the second semester of 2021 and the first semester of 2022. The Commission used the data of the gas prices in the corresponding consumption band in Kuruş/m3 duly adjusted for inflation using the Producer Price Index published by the Turkish Statistical Institute
http://www.turkstat.gov.tr (last accessed on 6 September 2024).
to adapt to the review investigation period (2023), which resulted in a price of 4,112 CNY/m3. The price was adjusted for VAT of 18 %, as the quoted price was VAT included.
3.4.1.5.
Manufacturing overhead costs, SG&A costs, profits and depreciation
(79) According to Article 2(6a)(a) of the basic Regulation, the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above.
(80) In order to establish an undistorted value of the manufacturing overheads and given the absence of cooperation from Chinese e-bike producers, the Commission used facts available in accordance with Article 18 of the basic Regulation. Therefore, based on the data provided by the applicant, the Commission established the ratio of manufacturing overheads to the total manufacturing and labour costs. This percentage was then applied to the undistorted value of the cost of manufacturing to obtain the undistorted value of manufacturing overheads.
(81) For establishing an undistorted and reasonable amount for SG&A and profit, the Commission relied on the most recent available financial data for 206 Turkish companies active in NACE category 30.9, as set out in recital (36). The Commission considered the amount for SG&A costs and profits so established to be reasonable within the meaning of Article 2(6a)(a), for the ex-works trade level at which the normal value was constructed.
3.4.2.
Calculation of the normal value
(82) On the basis of the above, the Commission constructed the normal value per product type on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.
(83) First, the Commission established the undistorted manufacturing costs. In the absence of cooperation by the exporting producers, the Commission relied on the information provided by the applicant in the review request
The relevant data was updated for the review investigation period and verified on spot at one of the sampled Union producers.
, verified on spot at one of the sampled union producers, on the usage of each factor (materials, energy and labour) for the production of e-bikes. The Commission multiplied the usage factors by the undistorted costs per unit observed in the representative country Türkiye.
(84) Once the undistorted manufacturing cost established, the Commission added the manufacturing overheads, SG&A costs and profit as noted in recitals (79)-(80). Manufacturing overheads were determined based on data provided by the applicant. SG&A costs and profit were determined based on the average of the values reported for the 206 Turkish companies active in NACE category 30.9 for 2022
Company Accounts Statistics, available at https://www3.tcmb.gov.tr/sektor/#/en (last accessed on 6 September 2024).
. The Commission added the following items to the undistorted costs of manufacturing:
manufacturing overheads, which accounted in total for 1 % of the direct costs of manufacturing,
SG&A and other costs, which accounted for 5,76 % of the Costs of Goods Sold (COGS), and
profits, which amounted to 7,37 % of the COGS were applied to the total undistorted costs of manufacturing.
(85) On that basis, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.
3.5.
Export price
(86) In the absence of cooperation by exporting producers from the PRC, the export price was determined based on CIF (Eurostat) data corrected to an ex-works level. Thus, the CIF price was reduced by the (sea) freight and insurance cost, and domestic transport cost. Domestic Chinese and international transport costs were based on information provided by the applicant in the request for review.
3.6.
Comparison
(87) The Commission compared the constructed normal value established in accordance with Article 2(6a)(a) of the basic Regulation and the export price on an ex-works basis as established above. Considering that both the normal value and the export price were established at the ex-works level of trade, no adjustments were necessary.
3.7.
Dumping margin
(88) On this basis, the average dumping margin was found to be significant.. It was therefore concluded that dumping continued during the review investigation period.
- LIKELIHOOD OF CONTINUATION OF DUMPING
(89) Further to the finding of the existence of dumping during the review investigation period, the Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of continuation of dumping, should the measures lapse. The following additional elements were analysed: the production capacity and spare capacity in the PRC, the relation between export prices to third countries and the price level in the Union, and the attractiveness of the Union market. It is recalled that due to the non-cooperation from the Chinese exporting producers, as well as the GOC, the analysis was based on facts available in accordance with Article 18 of the basic Regulation, in particular the request for review, GTA statistics and other available information.
4.1.
Production capacity and spare capacity in the PRC
(90) In the absence of cooperation by the GOC and the Chinese exporting producers, the Commission based its findings regarding production capacity and spare capacity in the PRC on the information provided by the applicant in its request for review.
(91) The investigation has shown that there was a general overcapacity in the e-bikes sector in the PRC during the period considered. The production capacity
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/baijiahao_17589803 (last viewed on 7 October 2024). See Annex 8 of the request for review, available in Tron at Tron.tdi t24.000754.
in the PRC during this period was estimated to be 130 million pieces per year. In addition, Chinese production of standard bicycles can be easily switched to producing e-bikes, with a potential total capacity of over 400 million pieces
Based on the applicant’s market knowledge and the websites of the known Chinese e-bike producers provided in Annex 4 of the request for review, available in Tron at Tron.tdi t24.000754.
. According to the applicant’s market intelligence, Chinese actual production and sales of e-bikes amounted to 57 million pieces per year, which indicated an estimated spare capacity of 73 million pieces per year during the review investigation period
Based on the sources mentioned in footnotes 55 and 57. See Annexes 8 and 9 of the request for review, available in Tron at Tron.tdi t24.000754.
. This spare capacity, which was almost fifteen times the total Union consumption during the same period, could be diverted to the Union if the current measures would lapse.
(92) Based on the above, the Commission concluded that the Chinese exporting producers have significant spare capacities, which could be used for exports to the Union in large quantities at dumped prices if the measures were allowed to lapse.
4.2.
Attractiveness of the Union market
(93) Based on the information provided in the expiry review request, the Union market for e-bikes remained attractive to Chinese exporters. Since the original investigation, imports from the PRC have decreased both in absolute and in relative terms. However, since 2020, when import volumes from China were at its lowest, imports increased significantly and almost doubled despite the measures in place (see Table 3 below). The market share previously held by the PRC has in part been taken over by other third countries such as Taiwan, which has increased its export volumes of the product under review to the Union since the previous investigation. At the same time, the PRC was still the second largest exporter of e-bikes to the Union during the review investigation period. This shows that the Union remained an attractive market for exporters from the PRC.
(94) The Union market for e-bikes is one of the largest in the world, with a consumption of 4979000 pieces during the review investigation period. In addition, as explained in the expiry review request, e-bike demand is expected to grow in the coming years due to (among other things) environmental policies in the Union. Evidence provided by the applicant in the expiry review request
See Section 7.3 and Annexes 15, 17 and 18 of the request for review, available in Tron at Tron.tdi t24.000754. Evidence consisted of 19 price offers from Chinese producers for different types of e-bikes, and statistical information from Eurostat.
and supported by the findings in this investigation (see recital (147)) showed that Chinese producers were offering e-bikes at very low prices (between EUR 210 and EUR 650) both to the Union and third countries during the review investigation period.
(95) Even with the measures in place, Chinese exports to the Union continued, and even increased in the period considered to obtain a market share of 4,4 % in the review investigation period, which showed that the Union market remains attractive to Chinese exporting producers.
(96) Therefore, based on the significant overcapacity in the PRC and the attractiveness of the Union market, the Commission concluded that, should the current measures lapse, it is likely that the Chinese exporting producers would redirect exports towards the Union in large quantities, at dumped prices.
4.2.1.
Conclusion
(97) In view of its findings on the continuation of dumping during the review investigation period and on the likely development of increasing exports should the measures lapse, the Commission concluded that there is a strong likelihood that the expiry of the anti-dumping measures on imports from the PRC would result in the continuation of dumping.
- INJURY
5.1.
Definition of the Union industry and Union production
(98) The like product was manufactured by 67 producers in the Union during the period considered. They constitute the Union industry within the meaning of Article 4(1) of the basic Regulation.
(99) The total Union production in the review investigation period was established at around 4560000 pieces. This number was established on the basis of available information concerning the Union industry, such as The European Bicycle Industry & Market Profile report, and an economic study carried out by the Confederation of the European Bicycle Industry (CONEBI). As indicated in recital (11), three Union producers were selected in the sample representing 23,4 % of the total Union production of the like product.
5.2.
Union consumption
(100) The Commission established the Union consumption on the basis of Eurostat import statistics and sales volume of the Union industry in the Union, as submitted by CONEBI.
(101) Union consumption developed as follows:
Table 2
Union consumption (pieces)
Source:
Eurostat and CONEBI.
202020212022Review investigation periodTotal Union consumption (pieces)4377000489200053250004979000Index100112122114
(102) The total consumption of e-bikes in the EU increased from approximately 4,3 million e-bikes in 2020 to 5,3 million e-bikes in 2022. Design and performance improvements, combined with a greater environmental awareness among EU citizens, has led to a constant increase in e-bike consumption. However, in the review investigation period the consumption of e-bikes in the EU decreased by 346000 pieces in comparison to 2022 following a drop in demand that occurred some time after the lifting of the last COVID-19 measures in the first half of 2022.
5.3.
Imports from the PRC
5.3.1.
Volume and market share of the imports from the PRC
(103) The Commission established the volume of imports on the basis of Eurostat data.
(104) The market share of the imports was then established by comparing import volumes with the Union consumption as shown in Table 2.
(105) Imports into the Union from the PRC developed as follows:
Table 3
Import volume (pieces) and market share
Source:
Eurostat and CONEBI.
202020212022Review investigation periodVolume of imports from the PRC (pieces)102757210806268148220914Index100205261215Market share2,3 %4,3 %5,0 %4,4 %Index100184214189
(106) Even with the measures in place, the market share of Chinese imports increased from 2,3 % in 2020 to 4,4 % in the review investigation period.
5.3.2.
Prices of the imports from the PRC and price undercutting
(107) The Commission established the prices of imports on the basis of Eurostat data.
(108) The average price of imports into the Union from the PRC developed as follows:
Table 4
Import prices (EUR/piece)
Source:
Eurostat.
202020212022Review investigation periodThe PRC294354449298Index100120153101
(109) The average prices of imports from the PRC have continued to be extremely low during the period considered. In 2020 and 2021, the prices reported by Eurostat were even lower than the average prices found in the initial investigation (i.e. between EUR 422 and EUR 477).
(110) Based on Eurostat data, prices in 2022 were temporarily higher, but still lower than Chinese import prices in 2016 (i.e. EUR 477).
(111) Since there was no cooperation from exporting producers in the PRC, the Commission determined the price undercutting during the review investigation period by comparing:
(1) the weighted average sales prices of the product under review of the sampled Union producers charged to unrelated customers on the Union market, adjusted to an ex-works level; and
(2) the corresponding weighted average prices of the product under review from PRC to the Union market, established on a Cost, insurance, freight (CIF) basis, including the anti-dumping duty (all other companies 62,1 %) and the countervailing duty (all other companies 17,2 %), with appropriate adjustments for customs duties (6 %) and post-importation costs (2 %).
(112) The result of the comparison was expressed as a percentage of the sampled Union producers’ turnover during the review investigation period. The price undercutting ranged from 68 % to 80 %. Without the duties, the price undercutting amounted to 82,8 %.
5.3.3.
Imports from third countries other than the PRC
(113) The imports of e-bikes from third countries other than the PRC were mainly from Taiwan and Vietnam.
(114) The (aggregated) volume of imports into the Union as well as the market share and price trends for imports of e-bikes from other third countries developed as follows:
Table 5
Imports from third countries
Source:
Eurostat.
Country202020212022Review investigation periodTaiwanVolume (pieces)506822539473598920435315Index10010611886Market share11,6 %11,0 %11,2 %8,7 %Average price (EUR/piece)1092104611681393Index10096107128VietnamVolume (pieces)162787173204210321199070Index100106129122Market share3,7 %3,5 %3,9 %4,0 %Average price (EUR/piece)542585762790Index100108140146Total of all third countries except the country concernedVolume (pieces)8276409603381081033812356Index10011613198Market share18,9 %19,6 %20,3 %16,3 %Average price (EUR/piece)96693510821258Index10097112130
(115) The market shares of total imports of the product under review from third countries other than the PRC increased between 2020-2022 and reached 20,3 % in 2022. However, in the review investigation period it dropped to 16,3 %, a lower level than in 2020.
5.4.
Economic situation of the Union industry
5.4.1.
General remarks
(116) The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.
(117) As mentioned in recital (11), sampling was used for the assessment of the economic situation of the Union industry.
(118) For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of the information provided by CONEBI. The data related to all Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers.
(119) The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, employment, productivity, magnitude of the dumping margin, and recovery from past dumping.
(120) The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.
5.4.2.
Macroeconomic indicators
5.4.2.1.
Production, production capacity and capacity utilisation
(121) The total Union production, production capacity and capacity utilisation developed over the period considered as follows:
Table 6
Production, production capacity and capacity utilisation
Source:
CONEBI, sampled Union producers.
202020212022Review investigation periodProduction volume (pieces)3428000428400051450004560000Index100125150133Production capacity (pieces)5801885750151975504647103289Index100129130122Capacity utilisation59 %57 %68 %64 %Index10097115109
(122) The production capacity and production in the Union increased steadily in the period from 2020 to 2022 as a consequence of an increased demand during the COVID-19 pandemic. However, in the review investigation period there was a decrease in production volumes and capacities due to increased stock build-up during COVID-19, where Union producers anticipated continued sales at high accelerated level, which did not happen as, after COVID-19, demand fell significantly.
5.4.2.2.
Sales volume and market share
(123) The Union industry’s sales volume and market share developed over the period considered as follows:
Table 7
Sales volume and market share (pieces)
Source:
CONEBI, sampled Union producers.
202020212022Review investigation periodTotal sales volume on the Union market3446603372085639758193945730Index100108115114Market share78,7 %76,1 %74,7 %79,2 %Index1009795101
(124) Sales increased over the period considered, especially because of an increased demand during the COVID-19 pandemic. However, once COVID-19 measures were lifted, the demand for e-bikes dropped which resulted in lower sales figures in the review investigation period. Furthermore, the economic situation in 2022 and the review investigation period (higher energy costs, inflation, in particular) had an effect not only on the Union industry but also on consumers, in particular those with less purchasing power. Therefore, the Union industry’s sales stagnated in the review investigation period compared to 2022, while market share of the Union industry increased by 4,5 percentage points.
5.4.2.3.
Employment and productivity
(125) Employment and productivity developed over the period considered as follows:
Table 8
Employment and productivity
Source:
CONEBI, sampled Union producers.
202020212022Review investigation periodNumber of employees8354109721212510716Index100131145128Productivity (pieces/employee)410390424426Index10095103104
(126) The Union industry increased the level of employment by 28 % in the period considered. Most of this increase occurred between 2020 and 2022 as a consequence of an increased demand during the COVID-19 pandemic. In 2023 there was a drop in number of employees due to the decrease in production volumes. Productivity remained rather stable in the period considered.
5.4.2.4.
Growth
(127) As sales remained stable in the review investigation period in comparison to 2022, while consumption decreased, the Union industry managed to increase its market share by 4,5 % in that period.
5.4.2.5.
Magnitude of the dumping margin and recovery from past dumping
(128) The level of imports from the PRC during the review investigation period was relatively limited, representing 4,4 % of Union consumption. Therefore, the impact of the magnitude of dumping on the Union industry was rather limited.
5.4.3.
Microeconomic indicators
5.4.3.1.
Prices and factors affecting prices
(129) The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:
Table 9
Sales prices and cost of production in the Union (EUR/piece)
Source:
sampled Union producers.
202020212022Review investigation periodAverage unit sales price in the Union1533163317191871Index100107112122Unit cost of production1419151615891786Index100107112126
(130) The average sales prices of the sampled Union producers, as well as the production costs, increased in the period considered, which in 2020 and 2021 mainly reflected a change in the product mix and the technological advancements in e-bike motors and batteries, while in 2022 and the review investigation period that increase also reflected increased production costs due to the general economic situation marked with inflation and higher energy costs.
5.4.3.2.
Labour costs
(131) The average labour costs of the sampled Union producers developed over the period considered as follows:
Table 10
Average labour costs per employee
Source:
sampled Union producers.
202020212022Review investigation periodAverage labour costs per employee (EUR)28793317223212235447Index100110112123
(132) Even though there a decrease in number of employees in the review investigation period in comparison to 2022 following a drop in demand, the average labours costs per employee steadily increased in the period considered.
5.4.3.3.
Inventories
(133) Stock levels of the sampled Union producers developed over the period considered as follows:
Table 11
Inventories
Source:
sampled Union producers.
202020212022Review investigation periodClosing stocks (pieces)373093023677734198958Index10081208533
(134) The increases in the inventories were due to the increased stock build-up during COVID-19 where there was a significant increase in demand, combined with the supply chain issues as Union producers were overordering raw materials and components in order to meet production requirements. However, once supply chain issues were resolved, Union producers received more raw materials and components than needed. This was followed by a drop in demand for e-bikes in the review investigation period, in comparison to 2022, which left the Union producers with very high numbers of inventories at the end of the review investigation period.
5.4.3.4.
Profitability, cash flow, investments, return on investments and ability to raise capital
(135) Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:
Table 12
Profitability, cash flow, investments and return on investments
Source:
sampled Union producers.
202020212022Review investigation periodProfitability of sales in the Union to unrelated customers (% of sales turnover)7,5 %7,4 %7,8 %5,4 %Index1009810472Cash flow (EUR)1457779159618786968459937-86504717Index1006647-59Investments (EUR)554560712373944115883255781801
Index100223209104Return on investments147 %127 %163 %111 %Index1008611175
(136) The Commission established the profitability of the 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. The sampled Union producers remained profitable over the period considered. In the review investigation period, the profitability, however, dropped due to increased costs.
(137) The overall stable profitability in the period considered allowed the Union industry to make large investments.
(138) The net cash flow is the ability of the Union producers to self-finance their activities. The cash flow decreased significantly over the period considered and turned negative in 2023. The return on investments also deteriorated, which made it more difficult for the Union industry to raise capital and grow. This resulted in a drop in investments of 50 % in the review investigation period in comparison to 2022.
5.5.
Conclusion on injury
(139) Macro indicators such as Union production, sales and employment steadily increased in the period from 2020 to 2022, as a consequence of an increased demand during the COVID-19 pandemic. However, in the review investigation period production volumes, capacities, sales and employment decreased, due to increased stock build-up during the COVID-19 pandemic, followed by a decrease in demand as a result of the lifting of the COVID-19 measures and the change in the economic situation in the Union, marked by in particular high energy costs and inflation.
(140) As regards the microeconomic indicators, the investigation established that the profitability of the sampled Union producers in period from 2020 to 2022 remained above 7 %. However, in the review investigation period, the Union industry’s profitability dropped to 5,4 %. Cash flow decreased from 2020 to 2022 and turned negative in 2023. The return on investments also deteriorated, which made it more difficult for the Union industry to raise capital and grow.
(141) On the basis of the above, the Commission concluded that the Union industry had recovered from past material injury within the meaning of Article 3(5) of the basic Regulation, caused by dumped imports from the PRC. However, during the period considered, a number of injury indicators deteriorated, and the Union industry returned to an economically fragile situation. Therefore, the Commission further examined the likelihood of recurrence of injury originally caused by dumped imports from the PRC if the measures were to be repealed.
- LIKELIHOOD OF RECURRENCE OF INJURY
(142) The Commission analysed the following elements to establish the likelihood of recurrence of injury should the measures be repealed: the production capacity and spare capacity in the PRC, the relation between export prices to third countries and the price level in the Union and the impact of potential imports and price levels of such imports from these countries on the Union industry’s situation.
6.1.
Spare capacity in the PRC and the attractiveness of the Union market
(143) As already described and detailed in Section 3.10.1 above, the exporting producers in the PRC have significant spare capacities which could be used to produce the product under review for export to the Union if measures were allowed to lapse. The quantities that could be exported by Chinese exporting producers amount to 73 million pieces, exceeding by far the size of the Union market.
(144) As described and detailed in Section 3.10.2 above, the Union market for e-bikes is one of the largest in the world and e-bike demand is expected to grow in the coming years due to, among other points, environmental policies in the Union. The Chinese exporting producers exported to their main third markets at prices significantly below the average sales prices of the Union producers on the Union market during the review investigation period. Therefore, exporting to the Union is potentially much more attractive for Chinese exporters. Consequently, it can be reasonably expected that, should the measures be repealed, Chinese exporting producers would start to export high volumes of the product under review to the Union.
6.2.
Likely import prices and impact on the Union industry
(145) In order to establish how the imports from the PRC would affect the Union industry should the measures be terminated, the Commission performed a comparative price analysis without the existence of anti-dumping measures.
(146) In order to estimate the likely price at which Chinese producers would sell when exporting to the Union market, the Commission made a price comparison between the sampled Union producers average price (ex-works) to the corresponding average price of the product under review from the PRC when exported to third countries such as the United Kingdom, Türkiye, Norway or Serbia, which have separate codes for e-bikes and no measures in place.
(147) The result of the comparison showed that the average price of Chinese exports of the product concerned to the above countries varied from EUR 210 to EUR 650, i.e. significantly lower than the Union industry’s price on the Union market. Therefore, should the measures be allowed to lapse it would thus be likely that imports from the PRC would enter the market in high volumes, as in the investigation period of the original investigation and at low prices which would cause injury.
(148) In view of the above, the conclusion is that the repeal of the measures would in all likelihood result in a significant increase of dumped imports from the PRC at injurious price levels. As a consequence, the viability of the Union industry would be at serious risk.
- UNION INTEREST
(149) In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. 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.
7.1.
Interest of the Union industry
(150) The investigation showed that should the measures expire it would have a negative effect on the Union industry. The measures have re-established a level playing field on the Union market. This has allowed new companies to enter the market, especially in the entry level and mid-range segments. The number of known e-bike Union producers almost doubled from approximately 37 in 2020 to 67 in 2023, despite challenges resulting from the economic situation in 2022-2023. The number of e-bikes produced in the Union increased by more than 1 million between 2020 (3,4 million) and 2023 (4,5 million) and is forecasted to increase further. The number of direct employees has increased from around 3500 in the original investigation period to almost 11000 in the review investigation period.
(151) A termination of the anti-dumping measures would put Union producers at high-risk, especially those serving the entry-level and mid-range e-bike segments, which include many smaller producers across the Union industry.
(152) Compounding the vulnerable situation is the fact that the production of e-bikes is a highly capital intense business, because substantial stocks of bicycle parts are required at all times to maintain production. In addition, Union producers have made large investments in sustainable and environmentally friendly production and product improvements over the last years. Termination of the anti-dumping measures would block development of practical engineering know-how for the application of ultimate high technologies, including automation and new materials.
(153) In addition, according to the expiry review request, the Union e-bikes industry is one of the largest green industries, with more than 1000 small and medium-sized enterprises (SMEs) having provided approximately 80000 jobs according to The European Bicycle Industry & Market Profile report 2024. This includes jobs in direct and indirect production jobs, upstream industries, bicycle accessories, bicycle dealerships, etc.
(154) On the basis of the above, the extension of the measures is in the interest of the Union industry.
7.2.
Interest of assemblers
(155) The Commission contacted all known users and unrelated importers.
(156) Following initiation, the only party that came forward and provided comments was an ad hoc Group, on behalf of 8 small companies in the Union which assemble e-bike parts imported from China and other third countries. Their main comment related to the implementation of the measures against imports of (conventional) bicycle parts from China, which creates uncertainty about the legal rules of the import of e-bike components and, hence, renders it difficult to import parts of e-bikes, which are not subject to measures. The group opposed the extension of the measures, mainly due to the current problems with the imports of components, coupled with the risk of extension of the measures to these e-bikes components, and argued that using market surveillance to scrutinise compliance of imports from the PRC with all pertinent regulations would be more efficient to address imports of unfairly traded e-bikes from China which are often illegal and unsafe.
(157) The Commission considered, however, that it is not realistic that market surveillance and regulatory measures only can prevent injury caused by imports of dumped e-bikes from the PRC. Also, customs enforcement issues in relation to the imports of e-bikes components cannot justify the termination of the measures, which have achieved the intended effect. In any event, the enforcement of measures falls outside the scope of the investigation.
(158) Following disclosure, the ad hoc Group reiterated the same claims. It argued that the Commission should focus on strengthening market surveillance rather than extending trade defence measures to address the root causes of market distortions and ensure a level playing field for all stakeholders. According to the ad hoc Group, trade defence measures inadvertently create a regulatory framework that fosters imports of sub standardised and unsafe bikes while making the life of serious e-bikes manufacturers from the PRC with long-term ambitions on Union market difficult.
(159) The Commission considered that the arguments raised by the ad hoc Group were already addressed in recital (156). Since no new comments of substance on these matters were brought forward, the conclusion in recital (157) was confirmed.
(160) The ad hoc Group also argued that repealing the trade defence measures would not lead to a significant increase in injurious imports as, according to them, a modest 4,4 % market share of Chinese imports during the RIP undermined the claim that Chinese imports pose a significant threat.
(161) The Commission considered that the increase of market share to 4,4 % in the RIP took place in a situation with trade defence measures in place. Because of the trade defence measures, Chinese imports only gained 2,1 percentage points market share during the period considered. Considering the attractiveness of the Union market, the production capacity and spare capacity in the PRC and the relation between export prices to third countries and the price level in the Union, the Commission concluded that if measures are to be repealed there would be a significant increase of dumped imports from the PRC at injurious price levels. On this basis, this claim was rejected.
(162) Furthermore, the ad hoc Group claimed that the Commission relied on unverified information and claims which compromises the impartiality of the investigation, especially those coming from the applicant.
(163) As mentioned in recitals (31) and (32), the Commission applied Article 18 of the basic Regulation concerning the findings with regard to continuation or recurrence of dumping and injury as there was no cooperation from the exporters/producers from the PRC in the investigation. Consequently, the findings in relation to the likelihood of continuation or recurrence of dumping and injury were based on facts available, in particular information submitted with the request for review and information obtained from cooperating parties in the course of the review investigation (namely, the applicant and the sampled Union producers). All information submitted by the sampled Union producers was thoroughly verified. On this basis, this claim was rejected.
7.3.
Interest of users and unrelated importers
(164) 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.
7.4.
Conclusion on Union interest
(165) 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.
- ANTI-DUMPING MEASURES
(166) On the basis of the conclusions reached by the Commission on continuation of dumping, recurrence of injury and Union interest, the anti-dumping measures on imports of electric bicycles originating in the PRC should be maintained.
(167) To minimise the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The application of individual anti-dumping 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 anti-dumping duty applicable to all other companies.
(168) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty and exemptions 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.
(169) Should the exports 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 13(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.
(170) The individual company anti-dumping 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 companies. They should not be subject to any of the individual anti-dumping duty rates.
(171) A company may request the application of these individual anti-dumping duty rates if it subsequently changes the name of its entity. The request must be addressed to the Commission
European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi/Wetstraat 170, 1040 Bruxelles/Brussel, BELGIQUE/BELGIË.
. 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 regulation about the change of name will be published in the Official Journal of the European Union.
(172) All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to make representations subsequent to this disclosure.
(173) An exporter or producer that did not export the product concerned to the Union during the period that was used to set the level of the duty currently applicable to its exports may request the Commission to be made subject to the anti-dumping duty rate for cooperating companies not included in the sample. The Commission should grant such request, provided that three conditions are met. The new exporting producer would have to demonstrate that: (i) it did not export the product concerned to the Union during the period that was used to set the level of the duty applicable to its exports; (ii) it is not related to a company that did so and thus is subject to the anti-dumping duties; and (iii) has exported the product concerned thereafter or has entered into an irrevocable contractual obligation to do so in substantial quantities.
(174) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council
Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1046/oj).
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.
(175) 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
- A definitive 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 under CN codes 87116010 and ex87116090 (TARIC code 8711609010).
- The rates of the definitive 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:
CountryCompanyAnti-dumping dutyTARIC additional codePeople’s Republic of ChinaBodo Vehicle Group Co., Ltd.58,3 %C382Giant Electric Vehicle (Kunshan) Co., Ltd;9,9 %C383Jinhua Vision Industry Co., Ltd and Yongkang Hulong Electric Vehicle Co., Ltd10,3 %C384Suzhou Rununion Motivity Co., Ltd62,1 %C385Yadea Technology Group Co., Ltd37,4 %C463Other cooperating companies in the original anti-dumping investigation (with the exception of the companies subject to the parallel countervailing duty rate for all other companies) listed in Annex I24,2 %Other cooperating companies in the original anti-dumping investigation, subject to the parallel countervailing duty rate for all other companies listed in Annex II16,2 %Non-cooperating companies in the original anti-dumping investigation, but cooperating in the parallel original anti-subsidy investigation listed in Annex III70,1 %All other companies62,1 %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 (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. Until such invoice is presented, the duty applicable to all other companies shall apply.
- Article 1(2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
(a) it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period between 1 October 2016 to 30 September 2017 (original investigation period);
(b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty; and
(c) it has either actually exported the product under review originating in the People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.
- Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2025/114
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 (OJ L, 2025/114, 24.1.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/114/oj).
be modified or removed, the duties specified in paragraph 2 will be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.
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.
- 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
Annex
ANNEX I
NameProvinceTARIC additional codeAcetrikes Bicycles (Taicang) Co., Ltd.JiangsuC386Active Cycles Co., Ltd.JiangsuC387Aigeni Technology Co., Ltd.JiangsuC388Alco Electronics (Dongguan) LimitedGuangdongC390Changzhou Airwheel Technology Co., Ltd.JiangsuC392Changzhou Bisek Cycle Co., Ltd.JiangsuC393Changzhou Fujiang Vehicle Co. LtdJiangsuC484Changzhou Rich Vehicle Technology Co., LtdJiangsuC395Changzhou Sobowo Vehicle Co., Ltd.JiangsuC397Changzhou Steamoon Intelligent Technology Co., Ltd.JiangsuC398Cycleman E-Vehicle Co., Ltd.JiangsuC400Dongguan Benling Vehicle Technology Co., Ltd.GuangdongC401
Dongguan Honglin Industrial Co., Ltd,
Melton Industrial (Dong Guan) Co., Ltd
GuangdongC402Easy Electricity Technology Co., Ltd.TianjinC451Enjoycare Technology (Zhejiang) Co., Ltd.ZhejiangC419Foshan Lano Bike Co., Ltd.GuangdongC405Foshan Zenith Sports Co., Ltd.GuangdongC406Guangzhou Symbol Bicycle Co., Ltd.GuangdongC410Hangzhou Fanzhou Technology Co., Ltd.ZhejiangC411Jiangsu Imi Electric Vehicle Technology Co., Ltd.JiangsuC415Jiangsu Lvneng Electrical Bicycle Technology Co., Ltd.JiangsuC416Jiangsu Stareyes Bicycle Industrial Co., Ltd.JiangsuC417Jiaxing Onway Ev Tech Co., Ltd.ZhejiangC418Jinhua Feirui Vehicle Co., Ltd.ZhejiangC420Jinhua Jobo Technology Co., Ltd.ZhejiangC421Jinhua Lvbao Vehicles Co. LtdZhejiangC486Jinhua Suntide Vehicle Co., Ltd.ZhejiangC422Jinhua Zodin E-Vehicle Co., Ltd.ZhejiangC424Kenstone Metal (Kunshan) Co., Ltd.JiangsuC425Komda Industrial (Dongguan) Co., Ltd.GuangdongC426Kunshan Sevenone Cycle Co., Ltd.JiangsuC427Nantong Tianyuan Automatic Vehicle Co., Ltd.JiangsuC429Ningbo Bestar Co., Ltd.ZhejiangC430Ningbo Lvkang Vehicle Co., Ltd.ZhejiangC431Ningbo Nanyang Vehicle Co., Ltd.ZhejiangC432Ningbo Oner Bike Co., Ltd.ZhejiangC433
Ningbo Roadsan New Energy Technology Co., Ltd.ZhejiangC435Ningbo Zixin Bicycle Industry Co., Ltd.ZhejiangC437Pronordic E-Bikes Limited CompanyJiangsuC438Shenzhen Shenling Car Co., Ltd.GuangdongC442Sino Lithium (Suzhou) Electric Technology Co., Ltd.JiangsuC443Skyland Sport Tech Co., Ltd.TianjinC444Suzhou Guoxin Group Fengyuan Imp & Exp. Co., Ltd.JiangsuC446Suzhou Leisger Vehicle Co. LtdJiangsuC487Tianjin Luodeshengda Bicycle Co., Ltd.TianjinC449Tianjin Upland Bicycle Co., Ltd.TianjinC450Ubchoice Co., Ltd.GuangdongC452Wettsen CorporationShandongC454Wuxi Shengda Bicycle Co., Ltd. and Wuxi Shengda Vehicle Technology Co.,LtdJiangsuC458Wuxi United Mobility Technology IncJiangsuC459Xiangjin (Tianjin) Cycle Co., Ltd.TianjinC462Yong Qi (China) Bicycle Industrial CorpJiangsuC464Yongkang Juxiang Vehicle Co, Ltd.ZhejiangC466Yongkang Lohas Vehicle Co., Ltd.ZhejiangC467Yongkang Mars Vehicle Co., Ltd.ZhejiangC468Zhejiang Apollo Motorcycle Manufacturer Co., Ltd.ZhejiangC469Zhejiang Baoguilai Vehicle Co., Ltd.ZhejiangC470Zhejiang Goccia Electric Technology Co., Ltd.ZhejiangC472Zhejiang Hangpai Electric Vehicle Co. LtdZhejiangC488Zhejiang Jsl Vehicle Co., Ltd.ZhejiangC473Zhejiang Kaiyi New Material Technology Co., Ltd.ZhejiangC474Zhejiang Lianmei Industrial Co., Ltd.ZhejiangC475Zhejiang Tuer Vehicle Industry Co., Ltd.ZhejiangC477
Zhejiang Xingyue Electric Vehicle Co., Ltd.
Zhejiang Xingyue Overfly Electric Vehicle Co., Ltd., and
Zhejiang Xingyue Vehicle Co., Ltd.,
ZhejiangC478Zhongxin Power (Tianjin) Bicycle Co., Ltd.TianjinC480
Annex
ANNEX II
NameProvinceTARIC additional codeAima Technology Group Co., Ltd.TianjinC389Beijing Tsinova Technology Co., Ltd.BeijingC391Changzhou Hj Pedal Co., Ltd.JiangsuC394Changzhou Merry Ebike Co., Ltd.JiangsuC456Changzhou Ristar Cycle Co., LtdJiangsuC396Cutting Edge Power Vehicle Int’l TJ Co., Ltd.TianjinC399Eco International Elebike Co., Ltd.JiangsuC403Everestt International Industries Ltd.JiangsuC404Geoby Advance Technology Co., Ltd.JiangsuC407Guangdong Commercial Trading Imp. & Exp. Corp., Ltd.GuangdongC408Guangdong Shunde Junhao Technology Development Co., Ltd.GuangdongC409Hangzhou Morakot E-Bike Manufacture Co., Ltd.ZhejiangC412Hangzhou TOP Mechanical And Electrical Technology, Co. Ltd.ZhejiangC413Hua Chin Bicycle & Fitness (H.Z.) Co., Ltd.GuangdongC414Jinhua Yifei Electric Science And Technology Co., Ltd.ZhejiangC423Nanjing Jincheng Machinery Co., Ltd.JiangsuC428Ningbo Pugonying Vehicle Technology Co., Ltd.ZhejiangC434Ningbo Shenchima Vehicle Industry Co., Ltd.ZhejiangC436Shandong Eco Friendly Technology Co., Ltd.ShandongC439Shanghai Promising Int’l Trade & Logistics Co., Ltd.ShanghaiC440Shenzhen SanDin Cycle Co., Ltd.GuangdongC441Suzhou Dynavolt Intelligent Vehicle Technology Co., Ltd.JiangsuC445Suzhou Joydeer E-Bicycle Co., LtdJiangsuC447Taioku Manufacturing (Jiangsu) Co., Ltd.JiangsuC448Universal Cycle Corporation (Guang Zhou)GuangdongC453Wuxi Bashan E-Vehicle Co., Ltd.JiangsuC455Wuxi METUO Vehicle Co., Ltd.JiangsuC457Wuyi Simino Industry & Trade Co., Ltd.ZhejiangC460Wuyi Yuema Leisure Articles Co., Ltd.ZhejiangC461Yongkang Aijiu Industry & Trade Co., Ltd.ZhejiangC465Zhejiang Enze Vehicle Co., Ltd.ZhejiangC471Zhejiang Luyuan Electric Vehicle Co., Ltd.ZhejiangC476Zhongshan Qiangli Electronics FactoryGuangdongC479
Annex
ANNEX III
NameProvinceTARIC additional codeChangzhou Fujiang Vehicle Co. LtdJiangsuC484Jinhua Lvbao Vehicles Co. LtdZhejiangC486Suzhou Leisger Vehicle Co. LtdJiangsuC487Zhejiang Hangpai Electric Vehicle Co. LtdZhejiangC488
Metadata
- Type
- Forordning
- År
- 2025
- Ikrafttrædelsesdato
- 1. januar 1970