After much speculation, the commission has confirmed that the action will come into place on 4th May

The European Commission has confirmed that as of 4th May, EU customs’ authorities will start to register the import of cycles, with pedal assistance, with an auxiliary electric motor, currently falling within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711 60 90 10) and originating in the People’s Republic of China.

This does not mean that there are duties applicable yet and it does not implicate the certainty that duties will become applicable.

It only means that retroactive collection of duties is made possible. However for that to happen, the Commission will need to decide for provisional duties. The deadline for a decision on provisional duties is 20th July. But, for provisional duties to result in retroactive collection, the Commission needs to decide on definitive duties. That decision is expected around January 2019.

In any case, retroactive collection would only be allowed for imports registered from 4th May 2018 onwards.

Should provisional duties be imposed, then these will not be payable immediately but they shall be secured by a guarantee. At this moment in time, it is still impossible to make any prognosis as to the potential imposition of definitive duties nor on the level of such duties.

The Collective together with their lawyers will be thoroughly analysing the Regulation and submit comments to the Commission within the procedural deadline of 21 days.

On behalf of the Collective, LEVA-EU Manager Annick Roetynck stated: “Although this is a setback, it affects in no way our determination to continue to fight for the Collective.”

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