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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

22 December 2014

Dear Sirs,

Commercial Information Circular No. 1077/2014

European Union (EU)* : Reopening of the Anti-dumping Investigation Concerning Imports of Certain Solar Glass Originating in the Mainland of China

Further to the Commercial Information Circular No. 450/2014 of 15 May 2014, the European Commission (the Commission) has published a notice on the reopening of the anti-dumping investigation concerning imports of certain solar glass originating in the Mainland of China. The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC1219(02)&from=EN.

DETAILS

2.According to the Commission, EU ProSun Glass ('the applicant') on behalf of producers representing more than 25% of the total Union production of solar glass has provided evidence showing that after the original investigation period and prior to and following the imposition of the anti-dumping duties on imports of the concerned product, export prices have decreased and there has been insufficient movement in resale prices or subsequent selling prices in the Union. This is said to have resulted in an increased dumping margin which has impeded the intended remedial effects of the measures in force. Having determined, inter alia, that there is sufficient evidence to justify the initiation, the Commission has initiated an absorption reinvestigation to examine whether the imposed measures have had an effect on export prices, resale prices or subsequent selling prices in the Union.

3.Salient points of the investigation are set out below –

(a) Date of Publication of the Notice of Initiation : 19 December 2014
(b) Product Coverage : Solar glass consisting of tempered soda-lime-flat-glass, with an iron content of less than 300 ppm, a solar transmittance of more than 88 % (measured according to AM1.5 300-2 500 nm), a resistance to heat up to 250 °C (measured according to EN 12150), a resistance to thermal shocks of Δ 150K (measured according to EN 12150) and having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288-3), currently falling within CN code ex 7007 19 80.
(c) Procedures :
In view of the potentially large number of exporting producers in the Mainland of China involved in the proceeding and in order to complete the absorption reinvestigation within the statutory time limits, the Commission may apply sampling.  To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting producers, or representatives acting on their behalf, should provide information requested in Annex I to the notice in question, including their identities and contact details, turnover and sales volume, activities of their companies and related companies, and indication of agreement to their possible inclusion in the sample which will involve completing a questionnaire and accepting a visit at their premises in order to verify their responses.  Such information should reach the Commission within 15 days from 19 December 2014, unless otherwise specified.  Within the same deadline, the interested parties have to inform the Commission whether they request a revision of the normal value.  Where the absorption reinvestigation involves a re-examination of normal values, imports may be made subject to registration pending the outcome of the reinvestigation.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 19 December 2014, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available.  All known exporting producers, the authorities of the Mainland of China, and associations of exporting producers will be notified of the companies selected to be in the sample.  All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.  Parties which requested a revision of the normal value and were selected to be in the sample will have to provide, within the same deadline, complete information on revised normal values, duly substantiated by evidence.  As the normal value was established on the basis of prices and costs in Turkey in the original investigation for all exporting producers, the evidence on revised normal values must relate to domestic prices or constructed values in Turkey.

Companies that have agreed to their possible inclusion in the sample but are not selected will be considered to be cooperating ('non-sampled cooperating exporting producers'). 

All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 19 December 2014, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services.  Any request to be heard 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, request must be submitted within 15 days from 19 December 2014.  Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, 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.  They must indicate their name, address, telephone and a valid e-mail address and should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, 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
Rue de la Loi / Wetstraat 170
1049 Brussels
Belgium

E-mail: TRADE-R611-SOLAR-GLASS-ABSORPTION@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer, 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.  The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.  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 19 December 2014.  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 9 months from 19 December 2014.

BACKGROUND

4.Definitive anti-dumping duty on imports of solar glass originating in the Mainland of China has been imposed since 15 May 2014. The current duty in force is 25.0% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 0.4% to 36.1%).

5.Apart from the definitive anti-dumping duty, the Commission has also imposed a definitive countervailing duty on imports of solar glass originating in the Mainland of China. For details, please refer to Commercial Information Circular No. 451/2014 of 15 May 2014.

 

ENQUIRIES

6.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.

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.