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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 Circular

24-hour hotline : 23 922 922

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

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

1 December 2017

Dear Sirs,

Commercial Information Circular No. 1076/2017

European Union (EU)* : Initiation of a review of the extension of the definitive countervailing and anti-dumping duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Mainland of China to imports of the same product consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, limited to one Malaysian exporting producer

Further to Commercial Information Circular Nos. 174/2016 and 175/2016 of 15 February 2016, the European Commission (the Commission) has published an implementing regulation initiating a review of the extension of countervailing and anti-dumping measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Mainland of China to imports of the same product consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, limited to one Malaysian exporting producer. The regulation is available at:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1994&from=EN.

2.The review was initiated at the request of Longi (Kuching) SDN.BHD, an exporting producer of the product in Malaysia, on the grounds that it did not export the product to the EU during the investigation period and has not circumvented the existing measures. Salient points of the regulation are set out below -

(a) Product under review : 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), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes 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

The following product types are excluded from the definition of the product under review:
  • 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) Procedures : Subject to the provisions of the regulation, all interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 8 November 2017, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request.

Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document 'CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES' published on the website of the Directorate-General for Trade (DG Trade) :
http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf.

For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions in the notice.

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: CHAR 04/039
1040 Brussels
Belgium

Email: TRADE-R677-EXEMPTION-SOLAR@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer in trade proceedings, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For further information and contact details, interested parties may consult the Hearing Officer's web pages on DG Trade's website:
http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.
(c) Investigation Schedule : The investigation will be concluded within 9 months from 8 November 2017.

3.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5684.

Yours faithfully,

(Manus LUI)
for Director-General of Trade and Industry

* The EU member countries are 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.

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 "Regulatory 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. It is available at:
http://economists-pick-research.hktdc.com/business-news/subindex/en/Regulatory-Alert-EU/1X2ZT68A/1/0.htm.