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EBMA files an anti dumping complaint on chinese e-bikes.

Discussion in 'Electric Bicycles' started by Kudoscycles, Oct 10, 2017.

  1.  
    tommie

    tommie Pedelecer

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    possibly flecc, possibly..

    Can i show you all just one small example of how things are setup for smuggling at our NI/ROI border, should the need arise of course.. ;)
    have a look here, it`s on a B road right on the border.. look on the map just above `Jonesborough`
    https://www.google.co.uk/maps/@54.0689723,-6.3756989,17z/data=!3m1!1e3

    See the five hangars, two in UK three in R.O.I?
    And would you believe it the border cuts right through them, what a coincidence!
    So its 40footers from England - Belfast in at the top entrance and it`s Hello EU out at the bottom entrance

    If you go to Street View you can get a better idea, the two speed signs on the roadside in `Kms` are all that define the actual border.

    Inside one of those hangars theres a small store and a set of fuel pumps....

    yes, all eventualities catered for
     
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  2.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    The Importers Group is meeting in Brussels on Tuesday to discuss the latest on the EBMA ADT claim. If any sympathisers currently not in the group would like to attend, please PM me. I have two places left in my car, we are staying overnight on Monday in the centre of Brussels.
     
    #262 Amps Electric Bikes, Dec 12, 2017
    Last edited: Dec 12, 2017
  3.  
    Kudoscycles

    Kudoscycles Official Trade Member

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    Remember the 'homing pigs',cant remember which direction was tax favourable. A farmer near the border would ship his hungry pigs across the border and get the export subsidy. He would then leave them unfed near the border and leave food back home,the pigs would find their way home.
    Repeat the process over and over....from memory customs started spraying the pigs with paint.
    KudosDave
     
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  4.  
    Kudoscycles

    Kudoscycles Official Trade Member

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    EU and Vietnam close to signing free trade agreement,the EU intend no tariffs between the EU and Vietnam within 7 years...
    Vietnam is also a major exporter of bicycle and e-bike frames. Some 600,000 alloy and carbon frames are exported from Vietnam. About 350,000 are shipped direct to bike makers in Europe. The rest goes to nearby bike makers in Cambodia where large scale makers like Strongman, A&J and Asama are located. Cambodian bike makers shipped close 1.3 million complete bikes to the EU countries in 2016. Next to alloy and carbon frames Vietnam also produces several hundred thousand steel bike frames of which also a big portion is shipped to Europe. Astro is one of the frame makers located in Vietnam that exports to Europe. The renowned Taiwan frame maker operates two facilities in Vietnam for the production of alloy and carbon frames.
    Could be interesting in the future.....
    KudosDave
     
  5.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    Good news from the EU.... this MUST strengthen our case.

    EU Court of Justice Dismisses EBMA Appeal in Giant China’s Dumping Case

    Laws & Regulations 1062

    LUXEMBOURG – Earlier today the Court of Justice of the European Union dismissed the appeal of the European Bicycle Manufacturers Association (EBMA) on the cancellation of Giant China’s dumping conviction. With this verdict, a long and costly legal battle comes to an end which started in August 2013, right after the European Commission decided to maintain the dumping measures with 48.5% anti-dumping duty to be levied on conventional bicycles imported from China.

    [​IMG]

    Giant China can start exporting conventional bicycles to Europe without any dumping duties. – Photo Giant China

    On June 4, 2013, the outcome of the anti-dumping interim review on bicycles imported from China into the European Union was announced. What was striking in this announcement by the European Commission to maintain the dumping measures was that three Chinese companies were exempted from the 48.5% dumping duty: Zhejiang Baoguilai Vehicle Co. Ltd.: 19.2% duty; Oyama Bicycles (Taicang) Co. Ltd.: 0% duty and Ideal (Dongguan) Bike Co., Ltd.: 0% duty. At that time it was said that these companies were exempted from the dumping conviction because they had in full cooperated in the investigation on dumping by the European Commission. Others, like Giant China refused to provide the necessary information as mentioned in the EU Directorate General Trade’s R546 General Disclosure Document.

    In August 2013 Giant China appealed to the conclusions made by DG Trade to the Court of Justice of the European Union. It took to 26 November, 2015 for the appearance of the 12 page ‘Judgement of the General Court in Case T 425/13 between Giant (China) Co. Ltd, in Kunshan (China) and the Council of the European Union supported by the European Commission and by EBMA.’

    EBMA appealed to this verdict. That appeal has now been dismissed.

    ‘Appeal dismissed in its entirety’
    On why EBMA’s appeal has been dismissed, today’s verdict of the Court of Justice of the European Union says (among other considerations “In the third place, as regards paragraphs 85 to 89 of the judgment under appeal, EBMA contends that it cannot be ruled out that the Giant nd Jinshan groups were related during the investigation period.

    88 The General Court demonstrated, in paragraphs 85 to 89 of the judgment under appeal, that the information available to the EU institutions when adopting the regulation at issue was sufficient for it to be concluded that there was no risk of circumvention between the Giant and Jinshan groups.

    89 In that regard, as the Advocate General observed in point 108 of his Opinion, although EBMA claims that a link between the Giant and Jinshan groups cannot be ruled out, it does not call into question the evidence set out in paragraphs 86 to 89 of the judgment under appeal, on which the General Court based its conclusion that there was no such link.

    90 The Court must therefore reject the argument alleging that, contrary to the finding of the General Court, it cannot be ruled out that the Giant and Jinshan groups were related during the investigation period, as well as the third ground of appeal in its entirety, as unfounded.
    91 In the light of the above considerations, the appeal must be dismissed in its entirety.”

    Anti-dumping duty stayed in place
    By the way, during the appeal period the 48.5% anti-dumping duty imposed on bikes made by Giant China and imported into the EU stayed in place. This means that since June 2013 Giant China’s export to Europe has been hampered by this dumping duty. What this means with regard to damage claims by Giant China, is unknown at this moment.

    What is clear now is that Giant China can start exporting conventional bicycles to Europe without any dumping duties. However, on that import EU’s regular 14% import duty will be levied. Next to that the question is what will happen after the current dumping measures on bicycles imported from China are to expire on 6 June 2018.
     
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  6.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    Anti-dumping duty stayed in place
    By the way, during the appeal period the 48.5% anti-dumping duty imposed on bikes made by Giant China and imported into the EU stayed in place. This means that since June 2013 Giant China’s export to Europe has been hampered by this dumping duty. What this means with regard to damage claims by Giant China, is unknown at this moment.

    Interesting. If there is, as I suspect there will be, a substantial claim by Giant against the EU, this really will set the cat amongst the pigeons!
     
  7.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    For anyone that is interested.

    Our group, supported by LEVA (Light Electric Vehicle Association, Europe) met for the first time in Brussels yesterday and appointed a superb lawyer to fight the anti dumping complaint. He says that the case submitted by the EBMA is "interesting". He also mentioned that to have so many firms representing any industry all descending on Brussels was all but unprecedented and certainly helps our case.

    In the 6 hour long meeting the UK was represented by Wisper, Oxygen, EBikes Direct and B-spoke Leisure, with Volt joining us through the magic of Skype. We have all, including FreeGo, Access Electric Bikes and we think Emu and Juicy Bikes, committed to fund the legal battle along with some very big names in the European market. Bafang and mega bike producer are generously funding the lion share, protecting us smaller guys from big legal bills.

    There are now 23 intrepid electric bicycle companies in Europe working together to make certain that ebike prices remain as low as possible for the foreseeable future.

    One thing is for sure, if the anti dumping complaint is upheld, the European manufacturers will not be able to take up the slack, ebikes will become more difficult to get hold of and prices will shoot up.

    If there are any other like minded electric bike producers out there that would like to help with this onerous task, we would be very pleased to hear from you. I was voted in as the UK representative at the meetings with the European Commission etc, so in the first instance please drop me a line at david@amps.bike . The investment is not massive especially for companies employing less than 10 people. I would be pleased to share details.

    This is not an impossible task, but we really do need as many interested firms to join in as possible.

    All the best, David
     
    #267 Amps Electric Bikes, Dec 20, 2017
    Last edited: Dec 20, 2017
  8.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    It's actually all very exciting!

    If I may quote The Bard.....

    "We few, we happy few, we band of brothers; For he to-day that sheds his blood with me. Shall be my brother; be he ne'er so vile, This day shall gentle his condition; And gentlemen in England now a-bed. Shall think themselves accurs'd they were not here!"
     
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  9.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    Thanks Flecc! :D
     
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  10.  
    flecc

    flecc Member

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    Not content with the anti dumping attempt, now the European Commission is starting an anti-subsidy action to run in parallel against Chinese producers:

    Information link
    .
     
  11.  
    Woosh

    Woosh Trade Member

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    I received a notification on anti-dumping today:

    "The investigation was announced in the Official Journal ref. C440 dated 21.12.2017, relating to imports of cycles, with pedal assistance, with an auxiliary electric motor, originating in the People’s Republic of China.
    For information only, the products currently fall within CN codes:

    8711 6010 00
    8711 6090 10

    The above link gives details of how interested parties can make their views known.
    The investigation must be concluded within 13 months, although it can be terminated earlier.
    A decision to impose provisional duties can be taken after a minimum of 60 days from the start of the formal investigation but it is usually imposed for the last four months of the investigation. If this happens, a security to the value of countervailing duty is taken on imports entering into free circulation and held until the results of the investigation are published.
    At the end of the investigation, the provisional countervailing duty may be made definitive, may lapse or be cancelled. If, following the investigation, it is decided that the duty should be
    made definitive, the security will be brought to account. Definitive measures will normally remain in place for five years.
    Nb. A decision to register imports of the product can be made up to three months before any provisional duty is imposed. If this happens countervailing duty can be applied retrospectively to imports from the start of the registration period until provisional or definitive duty is imposed."

    We will have to put up our prices if and when registration starts.
     
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  12.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    They were always going to fight hard, it's a big market they are trying to take over.

    Interestingly I was talking a prospective new builder in Portugal today and they told me that as they had huge subsidies to get them going and if this went through it would have to effect them too???

    Stranger and Stranger!
     
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  13.  
    Woosh

    Woosh Trade Member

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    in a good way, I hope!
     
  14.  
    flecc

    flecc Member

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    It doesn't seem so. The separate anti-subsidy action by the EU Commission that I referred to above in this post is specifically targeted at the Peoples Republic of China.
    .
     
  15.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    I agree Flecc, my point is: How can the EBMA be so two faced?
     
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  16.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    From LEVA

    This is the official announcement by the Commission accepting the EBMA complaint on subsidising and officially starting the investigation. As said at the meeting, the EBMA complaint is almost a cc of the first complaint. It is just a bit more work and especially, the Commission persisting in imposing deadlines that ruin everybody’s holidays.
     
  17.  
    Woosh

    Woosh Trade Member

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    they don't need to win.
    Their current actions will turn off would be importers and rattle existing ones.
    The end result is the volume of imports will reduce next summer.
     
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  18.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    Press release

    First Meeting of the Collective of European Importers of Electric Bicycles


    On Tuesday 21st December, the Collective of European Importers of Electric Bicycles held their first meeting in Brussels to discuss the proceedings concerning imports of electric bicycles from China.

    The Collective is a group of importers in the EU, some of which have been involved with ebike development and sales for many years and who all share the intention to develop solid, successful and growing businesses.

    They have chosen to achieve this by developing long-term relationships with amongst others Chinese suppliers. They are all working to grow the market. Since this dumping case threatens the market, they are united in their conviction to defend their interests, which ultimately will protect European consumers.

    The Collective is currently made up of 23 companies from 7 member states. A large majority of these companies was represented in Brussels. The main points of discussion were an agreement on legal counsel and the development of a strategy for the defence of the importers’ interests in this dumping case.

    The Collective has decided to work with Squire Patton Boggs, an international law firm with extensive experience and success in a diversity of cases, including those with bicycle related issues. Furthermore, the Collective discussed the case itself and the argumentation to be developed. The anticipation of potential measures is causing unrest both in Europe and China.

    The Collective is convinced that should dumping measures be put in place this will severely hit the consumers throughout the European Union. Both choice and the number of ebikes on offer offer will be limited. And if consumers’ access to electric bicycles, as a sustainable means of transport is hampered, they will stay with or revert back to environmentally-unfriendly alternatives.

    The Collective appeals to all companies, which are importing electric bicycles from China to join. The more companies in the Collective, the louder their voice. For further details please contact Annick Roetynck, tel. +32 9 233 60 05, email a.roetynck@pandora.be or David Miall 07733226906 dmiall@me.com
     
  19.  
    Kudoscycles

    Kudoscycles Official Trade Member

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    Looks like the EU/EBMA are determined to attack these chinese bikes from every angle.....

    BRUSSELS, Belgium – Today the European Commission announced in the Official Journal of the European Union a “Notice of initiation of an anti-subsidy proceeding concerning imports of electric bicycles originating in the People’s Republic of China.” This investigation into illegal subsidy schemes will run parallel with the anti-dumping investigation announced earlier.


    [​IMG][​IMG]
    EU anti-subsidy investigation runs parallel with anti-dumping investigation. Both end on 20th January, 2019. – Photo EBMA
    The European Commission is starting the anti-subsidy investigation after receiving a complaint that was lodged on 8 November 2017 by the European Bicycle Manufacturers Association (EBMA) on behalf of EU producers representing more than 25 % of the total Union production of electric bicycles.

    ‘Sufficient evidence’
    According to the EU Notice “The complaint includes sufficient evidence that the producers of the product under investigation from the country concerned have benefitted from a number of subsidies granted by the Government of the People’s Republic of China.”
    The EU Notice lists the alleged subsidies as direct transfers of funds, government revenue forgone or not collected, and government provision of goods or services for less than adequate remuneration.

    Its a joke really considering how many chinese parts go into Italian/German and Dutch cycles....will end up the chinese direct selling through Amazon and E-Bay,then everyone loses out!!!!
    KudosDave
     
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  20.  
    Amps Electric Bikes

    Amps Electric Bikes Trade Member

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    They really are desperate Dave, they know the Chinese are going to take them head on with better Tech and better faster building techniques over the next few years. It’s not the small to medium sized builders that are worried. It’s one or two mega manufacturers who currently have 25% of the market, they are despatate to try and control the entire market. Let’s hope the commission sees through thier pleading.

    If they don’t create an unfair playing field now, they will become less of a force in the future.
     
    #280 Amps Electric Bikes, Dec 22, 2017
    Last edited: Dec 22, 2017

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