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E-bikes from China: Retroactive anti-dumping duties possible

With the Implementing Regulation (EU) 2018/671 of 2 May 2018, the Commission of the European Union orders the registration of imports of e-bikes from China. The registration allows the Commission (if the investigation shows that the conditions for anti-dumping duties are met) to retroactively impose anti-dumping and countervailing duties on e-bikes already imported from China.

E-bikes from China are affected

The product concerned is pedal-assisted bicycles in the form of an electric motor (electric bicycle) originating in the PRC. These e-bikes and pedeleces are currently classified under codes 8711 60 10 and ex 8711 60 90 90 (TARIC code 8711 60 90 10) in the Combined Nomenclature. The EU Commission had previously initiated anti-dumping proceedings on Chinese e-bikes.

This registration follows the Commission notice published in the Official Journal on 20 October 2017 concerning the initiation of an anti-dumping proceeding concerning imports of electric bicycles from the PRC. This anti-dumping proceeding was initiated following a complaint by the European Bicycle Manufacturers Association (“EBMA”), which accounts for 25% of the total EU production of electric bicycles. On 21 December 2017, the Commission initiated an anti-subsidy proceeding concerning imports of electric bicycles, also at the request of EU producers wishing to defend themselves against the anti-dumping duties. On 31 January 2018, the application for registration of imports of electric bicycles followed, so that retroactive measures can be taken with regard to imports of the products concerned, provided that the anti-dumping conditions of the basic Regulation are met.

Reason for the customs registration of e-bikes

According to the Commission, the increased low-price imports of e-bikes from the PRC are causing considerable damage to the EU industry. Prior to the adoption of anti-dumping duties, there has been a massive increase in imports of e-bikes from the PRC in a relatively short period of time, suggesting a suspicion of circumvention of tariffs planned at that time by stockpiling these products.

The Commission considers that the importing producers were aware of the anti-dumping, the level of anti-dumping and the alleged injury caused by the publication of the anti-dumping proceeding in the Official Journal of the Union in October 2017. Despite this publication, there was a significant increase in dumped or subsidised imports, which allowed importing producers to stockpile e-bikes, causing serious injury to the EU industry.

Customs registration allows retroactive anti-dumping duties

The Commission’s investigation concluded that there would be sufficient evidence to justify the registration of e-bikes. This registration means that, if the Commission adopts anti-dumping measures, anti-dumping duties or countervailing duties on e-bikes from China may be imposed retroactively on the products already imported in accordance with the rules in force.

We check for you whether you are affected by the customs registration of e-bikes and how you can proceed.

For companies: 15 minutes free initial consultation+49 40 369615-0or send an e-mail
Attorney Dr. Tristan Wegner

Ihr Ansprechpartner

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