Commercial Information Circulars

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Ref : 230/2/3/2/13

5 March 2013

Dear Sirs,

Commercial Information Circular No. 192/2013

European Union (EU) * : Registration of Imports of Crystalline Silicon Photovoltaic Modules and Key Components (i.e. Cells and Wafers) Originating in or Consigned from the Mainland of China

Further to the Commercial Information Circulars Nos. 716/2012 of 6 September 2012 and 918/2012 of 8 November 2012, the European Commission (the Commission) has published a regulation making the imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the Mainland of China subject to registration for 9 months from 6 March 2013. The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:061:0002:0005:EN:PDF

DETAILS

2.Salient points are set out below -

(a) Date of Publication of the Regulation	:	5 March 2013
(b) Product Coverage	:	- Crystalline silicon photovoltaic modules or panels currently falling within CN codes ex 8501 31 00 (TARIC codes 8501 31 00 81 and 8501 31 00 89), ex 8501 32 00 (TARIC codes 8501 32 00 41 and 8501 32 00 49), ex 8501 33 00 (TARIC codes 8501 33 00 61 and 8501 33 00 69), ex 8501 34 00 (TARIC codes 8501 34 00 41 and 8501 34 00 49), ex 8501 61 20 (TARIC codes 8501 61 20 41 and 8501 61 20 49), ex 8501 61 80 (TARIC codes 8501 61 80 41 and 8501 61 80 49), ex 8501 62 00 (TARIC codes 8501 62 00 61 and 8501 62 00 69), ex 8501 63 00 (TARIC codes 8501 63 00 41 and 8501 63 00 49), ex 8501 64 00 (TARIC codes 8501 64 00 41 and 8501 64 00 49) and ex 8541 40 90 (TARIC codes 8541 40 90 21 and 8541 40 90 29), - Cells of the type used in crystalline silicon photovoltaic modules or panels currently falling within CN code ex 8541 40 90 (TARIC codes 8541 40 90 31 and 8541 40 90 39), and - Wafers of the type used in crystalline silicon photovoltaic modules or panels currently falling within CN code ex 3818 00 10 (TARIC codes 3818 00 10 11 and 3818 00 10 19), originating in or consigned from the Mainland of China. The cells and wafers have a thickness not exceeding 400 μm. From the product under registration the following product types are excluded: - Solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries, - Thin film photovoltaic products, - Crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s).
(c) Effective Date	:	6 March 2013
(d) Duration	:	Nine months
(e) Time Limits for Comment	:	All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard in writing and show that there are particular reasons why they should be heard within 20 days from 5 March 2013.

BACKGROUND

3.Following a complaint lodged on 25 July 2012 by EU ProSun (the complainant) on behalf of producers representing more than 25% of the total Union production of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers), the Commission announced on 6 September 2012 the initiation of an anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in the Mainland of China. For details, please refer to Commercial Information Circular No. 716/2012.

4.Following a complaint lodged on 25 September 2012 by the complainant on behalf of producers representing more than 25% of the total Union production of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers), the Commission announced on 8 November 2012 the initiation of a countervailing proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in the Mainland of China. For details, please refer to Commercial Information Circular No. 918/2012.

5.The complainant has requested that imports of the product concerned be made subject to registration. Having concluded that the complainant provided sufficient prima facie evidence to justify the registration, the Commission considers imports of the product concerned should be made subject to registration in order to ensure that, should the investigations result in findings leading to the imposition of anti-dumping and/or countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively in accordance with applicable legal provisions on the registered imports. As, among other considerations, the Commission is in the process of determining whether imports of the product concerned can be considered as originating in the Mainland of China, it is considered appropriate that registration should cover the product concerned originating in or consigned from the Mainland of China.

ENQUIRIES

6.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5350.

Yours faithfully,

(Leo LEUNG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

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