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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2/3/2/13

5 June 2013

Dear Sirs,

Commercial Information Circular No. 437/2013

European Union (EU) * : Imposition of a Provisional Anti-dumping Duty on Imports of Crystalline Silicon Photovoltaic Modules and Key Components (i.e. Cells and Wafers) Originating in or Consigned from the Mainland of China, and Amendment to the Regulation Making These Imports Subject to Registration

Further to Commercial Information Circulars Nos. 716/2012 of 6 September 2012 and 192/2013 of 5 March 2013, the European Commission (the Commission) has published a regulation (the regulation) to impose a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the Mainland of China, and to amend the earlier Regulation (EU) No 182/2013 which made imports of such products subject to registration from 6 March 2013. The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:152:0005:0047:EN:PDF.

DETAILS

2.Salient points are set out below-

(a) Product : Crystalline silicon photovoltaic modules or panels and cells and wafers of the type used in crystalline silicon photovoltaic modules or panels (the cells and wafers have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 3818 00 10, ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes 3818 00 10 11, 3818 00 10 19, 8501 31 00 81, 8501 31 00 89, 8501 32 00 41, 8501 32 00 49, 8501 33 00 61, 8501 33 00 69, 8501 34 00 41, 8501 34 00 49, 8501 61 20 41, 8501 61 20 49, 8501 61 80 41, 8501 61 80 49, 8501 62 00 61, 8501 62 00 69, 8501 63 00 41, 8501 63 00 49, 8501 64 00 41, 8501 64 00 49, 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 90 39), originating in or consigned from the Mainland of China, unless they are in transit in the sense of Article V GATT.

The following product types are excluded from the definition of the product concerned:
- 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).
(b) Rate of Duty : From 6 June 2013 until 5 August 2013:
11.8% of the net, free-at-Union-frontier price before duty; and

From 6 August 2013:
67.9% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 37.3% to 67.9%).
(c) Effective Date : 6 June 2013 (the duty will apply for 6 months)
(d) Collection of Duty :

The release for free circulation in the Union of the product shall be subject to the provision of a security, equivalent to the amount of the provisional duty.

(e) Time Limit for Comments :

Interested parties may request disclosure of the details underlying the essential facts and considerations on the basis of which the Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month from 6 June 2013.

3.In connection with the imposition of the provisional anti-dumping duty, Regulation (EU) No 182/2013, which made imports of the concerned products subject to registration from 6 March 2013, is amended to the effect that registration for the purpose of the current anti-dumping investigation will discontinue with effect from 6 June 2013, while registration pertaining to the parallel countervailling investigation continues (For further information, please refer to Commercial Information Circulars Nos. 716/2012 of 6 September 2012, 918/2012 of 8 November 2012 and 192/2013 of 5 March 2013).

ENQUIRIES

4.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Stella CHAN)
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.

Note 1: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.
Note 2: The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
http://www.tdctrade.com/alert/eualert.htm.