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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

1 June 2015

Dear Sirs,

Commercial Information Circular No. 438/2015

European Union (EU) * : Initiation of an investigation concerning the possible circumvention of anti-dumping 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 by imports of the same products consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, and making such imports subject to registration

Further to Commercial Information Circular No. 970/2013 of 5 December 2013, the European Commission (the Commission) has published on 29 May 2015 an implementing regulation to initiate an investigation concerning the possible circumvention of anti-dumping 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 by imports of the same products consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not.  The regulation, which also makes such imports subject to registration, can be accessed through: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_132_R_ 0007&from=EN.

DETAILS

2.Salient points are set out below-

(a) Product under Investigation : 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, currently falling within CN codes ex 85013100, ex 85013200, ex 85013300, ex 85013400, ex 85016120, ex 85016180, ex 85016200, ex 85016300, ex 85016400 and ex 85414090 (TARIC codes 8501310082, 8501310083, 8501320042, 8501320043, 8501330062, 8501330063, 8501340042, 8501340043, 8501612042, 8501612043, 8501618042, 8501618043, 8501620062, 8501620063, 8501630042, 8501630043, 8501640042, 8501640043, 8541409022, 8541409023, 8541409032, 8541409033) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not.

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.
(b) Registration of Imports :
With effect from 30 May 2015, imports of the product under investigation are made subject to registration by the EU's customs authorities.  The registration shall expire nine months following 30 May 2015.

The registration is to ensure that should the investigation, which will be concluded within nine months of 30 May 2015, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports consigned from Malaysia and Taiwan was imposed.
(c) Procedure :
The Commission will send questionnaires to known exporters/producers and to known associations of exporters/producers in Malaysia and Taiwan, to known exporters/producers and to known associations of exporters/producers in the Mainland of China, to known importers and to known associations of importers in the EU and to the authorities of the Mainland of China, Malaysia and Taiwan.  Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 29 May 2015.

Interested parties must make themselves known by contacting the Commission, present their views in writing, submit questionnaire replies or any other information to be taken into account during the investigation, or apply to be heard by the Commission within 37 days from 29 May 2015, unless otherwise specified.

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-SP-AC-DUMPING-MY-TW@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.  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 further details, interested parties may consult the following webpage: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.
(d) Exemption from Registration of Imports
or Measures
: Imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.  Producers in Malaysia and Taiwan seeking exemption from registration of imports or measures must submit a request duly supported by evidence within 37 days from 29 May 2015.

BACKGROUND

3.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 product since 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%).

4.Separately, the Commission has initiated a partial interim review of the anti-dumping and countervailing measures and an investigation concerning the possible circumvention of countervailing measures in May 2015.  For details, please refer to Commercial Information Circulars Nos. 322/2015 of 6 May 2015 and of 439/2015 of 1 June 2015.

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

1http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf.

* 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.