EU Anti-dumping duty on China imports

[darkprokoba]

Hi Guys,

Not sure if this is the right forum for this, as this is more of a legal question than a technical one

I've ordered a BBSHD kit from China and it arrived today. I live in Bulgaria.
I fully expected to pay duty and VAT on the invoice total, but there was an additional anti-dumping duty of 54%, which came came as a bit of a shock to me.
VAT and duties are compounded, i.e. VAT x duty x anti-dumping duty x invoice price. I expected to pay 20 something percent for the duty and VAT, and now I'm told I have to pay about 80% of the invoice total :-D

So I was wondering if any of you guys have heard of this anti-dumping duty before. I'd appreciate any advice on this.

Cheers,
darkprokoba

 

[BoomerChomsi]

So you mean to have to pay duties 80% of total invoice?
Waauww expensive kit!

I almost order nothing anymore from China or outside Europe.
Had always to duties or got a fine, due misleading invoices

 

[Sunder]

You got me interested in this, but information is so hard to find. Looks like in 1996, there was an EU ruling 2474/93 that imposes anti-dumping duties on bicycle parts, but not electric bike parts, UNLESS, those parts can also be used in a standard push bike.

In this case, the BFH decided that bicycle parts from China are subject to anti-
dumping duties even if they are intended for the assembly of e-bikes. The decision
was announced against the background that according to Regulation (EC) No.
2474/93, final anti-dumping duties were specified for bicycles without auxiliary
engines of Pos. 8712. In order to prevent bicycle parts from China which are then
assembled into bicycles in the European Union from being imported, Regulations
(EC) No. 71/97 and 171/2008 extended the anti-dumping duties to essential bicycle
parts.

While e-bikes fall under tariff heading 8711 of the electronic customs tariff because
of the motor and thus, in principle, are not under the scope of application of the
anti-dumping duties, this does not apply to "essential bicycle parts" as long as they
can also be used for normal bicycles. Since the bicycle forks of sub-heading 8714
9130 imported by the plaintiff are "essential bicycle parts", they are subject to anti-
dumping duties.

Since you've ordered a BBSHD kit which cannot be used on a normal bicycle, you should not have to pay the duties.

My guess is that either the customs declaration from China was not clear, or there was a language issue at the customs office. Perhaps invite them to open the package, satisfy them that it is not a bike part, and get them to waive the anti-dumping part of the invoice?

 

[darkprokoba]

Hi Sunder,

They had no idea what an e-bike kit was. I had to explain this to them. Show them pictures on the Internet.
They claimed this is not a bicycle part at all. It's an electric motor according to them. And electric motors are subject to anti-dumping duty.

I read the document you posted carefully, but I'm still not sure how BBSHD has to be classified and whether it is subject to anti-dumping duty...

Can you please post the URL that excerpt is from?

- darkprok

 

[Punx0r]

If it helps, the BBSHD is a machine that contains an electric motor. It is not itself an electric motor any more than an child's electric scooter is "a motor".

 

[friendly1uk]

Sorry to push in, but I'm very interested in the anti-dumping charge not being applicable to ebikes. This charge being the reason I couldn't make a pallet load of bikes pay me.
Has anyone actually bought in a pallet and declaired it properly, to know if this is true. I realise it's written here, but we know what they are like for writting something else on the other side.

 

[Sunder]

Sorry guys. I've been at a farm for the easter break and only getting internet on my phone when I drop into civilisation for supplies.

I'll try to find the article again and do more research for you when I get back home. Sorry if thats a bit slow, but I presume everything stops in Europe for easter too.

 

[Sunder]

The link to the PDF is here: http://www.bakermckenzie.com/files/Publication/89f5312c-9d26-4138-b0ab-ffbe16fec710/Presentation/PublicationAttachment/ebaa2ce1-0e42-435a-a79a-02057fc8084c/NLDutyFreeQ32013.pdf

Baker McKenzie is a very well respected law firm in Australia, and seems to have a large practice in the EU as well.

Will try to read up more on the rules later this week.

 

[mechaniker]

the anti-dumping issue belongs to bicycle and not to ebike and of course not for ebike Motor.

e-bike motor like the one you´ve ordered is 4,5% tax usualy depends a bit on the officer because sometime they choose 6,5% (don´t know why) but for this two percent don´t need to fight for it´s wastet time but for what you´ve payed that´s simply wrong.
For example:
on a bicycle or a painted bicycle-frame the tax is up to 100% anti dumping if you would order a none painted bicycle-frame it is just 4,5% and europe have a lot more strange rules, so you have to inform yourself in front.

You have to pay for your BBS 4,5% import-tax and basing on this sum you have to add. 20% VAT (Bulgaria-VAT) and if you use DHL or UPS to handle the import duty´s then you have to pay them some fee for it. 54% is ridiculous

Best wishes
frank