Commercial Information Circulars

24-hour hotline : 23 922 922

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

5 December 2013

Dear Sirs,

Commercial Information Circular No. 971/2013

European Union (EU) * : Imposition of a Definitive Countervailing Duty on Imports of Crystalline Silicon Photovoltaic Modules and Key Components (i.e. Cells) Originating in or Consigned from the Mainland of China

Further to Commercial Information Circulars Nos. 918/2012 of 8 November 2012 and 192/2013 of 5 March 2013, the Council of the EU (the Council) has published an implementing regulation to impose a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Mainland of China and the European Commission (the Commission) has adopted an implementing decision to confirm the acceptance of an undertaking offered in connection with the anti-dumping and countervailing proceedings on the concerned products for the period of application of definitive measures. The implementing regulation and the implementing decision can be accessed through the following links:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:325:0066:0213:EN:PDF and
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:325:0214:0223:EN:PDF.

DETAILS

2.Salient points are set out below –

(a) Product	:	Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes 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) and 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), - modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics.
(b) Rate of Duty	:	11.5% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 0% to 11.5%).
(c) Effective Date and Duration	:	From 6 December 2013 and shall expire on 7 December 2015.
(d) Exemption	:	Imports declared for release into free circulation for products currently falling within 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 by the Commission and whose names are listed in the Annex to the implementing decision shall be exempt from the countervailing duty imposed on the condition of Article 2 of the implementing regulation.

3.Meanwhile, registration of imports resulting from Regulation (EU) No 182/2013 making imports of crystalline silicon PV modules and key components (i.e. cells and wafers) originating in or consigned from the Mainland of China subject to registration shall be discontinued.

FURTHER INFORMATION

4.Apart from the definitive countervailing duty, the Council has also imposed a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Mainland of China with effect from 6 December 2013. For details, please refer to Commercial Information Circular No. 970/2013 of 5 December 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.