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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

8 December 2015

Dear Sirs,

Commercial Information Circular No. 1167/2015

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 No. 970/2013 and 971/2013 of 5 December 2013, 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 Commission notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015XC1205(03)&from=EN

DETAILS

2.Taking into account the industry condition that a significant number of cell producers in the EU have closed production resulting in a very limited sales in quantity to non-integrated module producers, who then depend on the availability of non-EU supply sources of cells like the Mainland of China, the Commission considers that the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature. The initiation of a partial interim review, limited to the examination of whether or not it is in the EU interest to maintain the measures currently in force on "cells", is therefore justified.

3.Salient points of the notice are set out below-

(a) Date of Publication of the Notice : 5 December 2015
 
(b) Product Coverage :
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:
  • 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.
(c)   Procedure
 
 
 
 
 
 
 
:
To enable the Commission to decide whether or not it is in the EU interest to maintain the measures currently in force on "cells", EU producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days from 5 December 2015, unless otherwise specified.  Parties that make themselves known within the above deadline may provide the Commission with information on the EU interest within 37 days from 5 December 2015, in any format or by completing a questionnaire prepared by the Commission.

Unrelated Importers

Unrelated importers of the product under review are invited to participate in the investigation.  In view of the potentially large number of unrelated importers involved in the review and in order to complete the investigation 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 unrelated importers, or representatives acting on their behalf are requested to make themselves known to the Commission within 15 days from 5 December 2015, unless otherwise specified, by providing information on their company(ies) requested in the Annex to the notice.  All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 5 December 2015, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review in the EU which can reasonably be investigated within the time available.  All known unrelated importers and associations of importers will be notified of the companies selected to be in the sample.

In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers.  The parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

EU Producers

EU producers of the product under review are invited to participate in the investigation.  The Commission has provisionally selected a sample of EU producers, the details of which can be inspected by contacting the Commission (see contract details below).

All interested parties wishing to submit any other information regarding the selection of the sample must do so within 21 days from 5 December 2015, unless otherwise specified.

All Interested Parties

All interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 5 December 2015, unless otherwise specified.  They may also 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 5 December 2015.

Instructions for Making Submissions/Requests

Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets. 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.  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
1040 Brussels
Belgium

Email: TRADE-SOLAR-INJURY@ec.europa.eu

Hearing Officer

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.  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 5 December 2015.  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 15 months from 5 December 2015.

OTHER INFORMATION

4.Earlier on, the Commission initiated another partial interim review of the measures on 5 May 2015. For details, please refer to Commercial Information Circular No. 322/2015 of 6 May 2015.

ENQUIRIES

5.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 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 "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 can be accessed through
http://economists-pick-research.hktdc.com/business-news/subindex/en/Business-Alert-EU/1X2ZT68A/1/0.htm.