Commercial Information Circular
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref.: EIC 230/2/3/2/13
7 March 2017
Dear Sirs,
Commercial Information Circular No. 185/2017
European Union (EU)* : Initiation of a partial interim review of the anti dumping and countervailing measures imposed 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 Circular Nos. 183/2017 and 184/2017 of 7 March 2017, the European Commission (the Commission) has decided on its own initiative to initiate a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells of the type used in crystalline silicon photovoltaic modules or panels ("cells" hereafter)) originating in or consigned from the Mainland of China. The notice of initiation is available at:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52017XC0303(02)&from=EN.
2.The Commission considers that there is sufficient prima facie evidence that the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature, and as such, the initiation of a partial interim review limited to the form of the measures is justified. The evidence is related to the technological development and efficiency gains in the solar sector of the EU and to the question as to how the current form of the measures, namely a price undertaking based on a minimum import price, sufficiently takes into consideration the impact of these aspects on the import prices of the product under review into the EU. In addition, the fact that a large number of exporting producers were withdrawn from the undertaking since it entered into force raises the question whether the undertaking can still be considered as an appropriate form for the measures.
3.Salient points of the notice are set out below-
| (a) Date of Publication of the Notice | : | 3 March 2017 |
| (b) 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), 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 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:
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| (c) Procedure | : | In order to obtain the information it deems necessary for its investigation, the Commission may send questionnaires to interested parties that come forward and make themselves known to the Commission within 15 days from 3 March 2017. The replies to these questionnaires must reach the Commission within the specific deadlines set by the Commission in its communication with the parties. 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. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days from 3 March 2017. 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 with interested parties referred to in the notice. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: CHAR 04/039 1049 Brussels Belgium Email: TRADE-SOLAR-INJURY@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 hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days from 3 March 2017. 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/. |
| (d) Investigation Schedule | : | The investigation will be concluded within 6 months and not later than 9 months from 3 March 2017. |
4.For enquiries concerning the contents of this circular, please contact the undersigned at 2398 5684.
Yours faithfully,
(Miss Jessica MAK)
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. |