Commercial Information Circulars

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

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

5 August 2013

Dear Sirs,

Commercial Information Circular No. 628/2013

European Union (EU)*  :  Acceptance of an Undertaking Offered in connection with the Anti-dumping Proceeding concerning 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 Imposing a Provisional Anti-dumping Duty on Such Imports

Further to Commercial Information Circulars Nos. 437/2013 of 5 June 2013 and 557/2013 of 11 July 2013, the European Commission (the Commission) has adopted a decision to accept an undertaking offered in connection with the anti-dumping proceeding 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 published a regulation to amend Commission Regulation (EU) No 513/2013 imposing a provisional anti-dumping duty on such imports. The Commission's decision and amending regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:209:0026:0032:EN:PDF;
and
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:209:0001:0011:EN:PDF.

DETAILS

2.Subsequent to the Commission's imposition on 5 June 2013 the provisional anti-dumping duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the Mainland of China, a group of cooperating exporting producers in the Mainland of China, including their related companies in the Mainland of China and in the EU, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) offered a joint price undertaking, which included, inter alia, the minimum import price for photovoltaic modules and their key components (i.e. cells and wafers). The Chinese exporters also offered to ensure that the volume of imports made under the undertaking would be at annual levels corresponding roughly to their current market performance.

3.Having examined the undertaking offered by the exporting producers together with CCCME against changed market circumstances, analysed the current export prices and the level of provisional duty, and made it available for comment by interested parties, the Commission has adopted a decision to accept the undertaking offered. The Commission has also published the amending regulation to the effect that, inter alia, imports for the relevant products currently falling within CN code ex 3818 00 10 (TARIC codes 3818 00 10 11 and 3818 00 10 19), CN code ex 8541 40 90 (TARIC codes 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 90 39) which are invoiced by companies from which undertakings are accepted and whose names are listed in the Annex of the Commission's decision shall be exempt from the provisional anti-dumping duty on fulfilment of the conditions set out in Article 6 of the amending regulation. For details, please refer to the Commission's decision and amending regulation of which shall both enter into force on 6 August 2013.

BACKGROUND

4.The Commission initiated on 6 September 2012 an anti-dumping proceeding on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in the Mainland of China. By Commission Regulation (EU) No 513/2013, provisional anti-dumping duty has been imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the Mainland of China with effect from 6 June 2013. The duty rate is 11.8% from 6 June 2013 to 5 August 2013; and 67.9% (except for a number of companies whose individual duty rates ranging from 37.3% to 67.9%) with effect from 6 August 2013.

ENQUIRIES

5.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, Croatia, 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.