Commercial Information Circulars
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Ref : EIC 230/2/3/2/13
6 May 2015
Dear Sirs,
Commercial Information Circular No. 322/2015
European Union (EU) * : Initiation of a partial interim review of the anti-dumping and countervailing measures imposed on imports of crystalline silicon photovoltaic modules or panels and cells (which have a thickness not exceeding 400 micrometres) of the type used in crystalline silicon photovoltaic modules or panels originating in or consigned from the Mainland of China
Further to the Commercial Information Circulars Nos. 970/2013 and 971/2013 of 5 December 2013, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules or panels and cells (which have a thickness not exceeding 400 micrometres) of the type used in crystalline silicon photovoltaic modules or panels originating in or consigned from the Mainland of China. The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_147_R_0003&from=EN.
DETAILS
Ground for the Review
2.The partial interim review, limited in scope to the benchmark used as reference for the price adaptation mechanism set out in the undertaking in force, is initiated at the request of EU ProSun,an association of EU producers of crystalline silicon photovoltaic modules and key components. The Commission considers that EU ProSun has provided sufficient evidence that the circumstances on which the Bloomberg database (theexisting benchmark) was accepted have changed and that these changes are of a lasting nature. The need to review the use of the existing benchmark is therefore substantiated
Review Procedures3.Salient points of the partial interim review are set out below-
| (a) Date of Publication of the Notice | : | 5 May 2015 |
| (b) Product Coverage | : |
Crystalline silicon photovoltaic modules or panels and cells (which have a thickness not exceeding 400 micrometres) of the type used in crystalline silicon photovoltaic modules or panels originating in or consigned from the Mainland of China, unless they are in transit in the sense of Article V GATT, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 90 39).
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| (c) Procedures | : |
In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the Bloomberg. This information and supporting evidence should reach the Commission within 37 days from the questionnaire being sent, unless otherwise specified.
The Commission also invites anyone who reported prices of crystalline silicon photovoltaic modules regardless of origin to Bloomberg toprovide the Commission with their submissions to Bloomberg; and to make their views known in relation to the review. Unless otherwise specified, they should submit information and provide supporting evidence by contacting the Commission within 37 days from 5 May 2015.
All interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 5 May 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 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 May 2015. 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 guideline 'CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES' published on the website of the Directorate-General for Trade (DG Trade)1 . They must indicate their name, address, telephone and a valid e-mail address and should ensure that the e-mail address provided 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 guideline mentioned above. Commission address for correspondence:European Commission Directorate-General for Trade Directorate H Office: CHAR 04/039 1049 Brussels Belgium E-mail: trade-ad-R615@ec.europa.eu
Interested parties may request the intervention of the Hearing Officer of DG Trade, 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 5 May 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/. |
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(d) Investigation Schedule |
: | The investigation will be concluded within 15 months from 5 May 2015. |
BACKGROUND
4.Definitive anti-dumping duty on imports of the product has been imposed since 6 December 2013 and the duty in force is 53.4% of the net, free-at-Union-frontier price before duty (except for a number of companies with individual duty rates ranging from 27.3% to 64.9%). Apart from the definitive anti-dumping duty, the Council has also imposed a definitive countervailing duty on imports of the productsince 6 December 2013 and the duty in force is 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%).
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 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. |