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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 June 2015

Dear Sirs,

Commercial Information Circular No. 465/2015

European Union (EU) * : Withdrawal of the acceptance of an undertaking for  a number of companies offered in connection with the anti-dumping and anti-subsidy proceedings concerning 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 Commercial Information Circulars Nos. 970/2013 and 971/2013 of 5 December 2013, the European Commission (the Commission) has published an implementing regulation to withdraw the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning 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 implementing regulation can be accessed through the following link: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_139_R_0003&from=EN.

DETAILS

2. For the purpose of ensuring compliance with the undertaking, the exporting producers undertook to allow verification visits at their premises in order to verify the accuracy and completeness of data submitted to the Commission in quarterly reports and to provide all information considered necessary by the Commission.  While monitoring compliance with the undertaking, a number of companies were found of breaching the undertaking.  The Commission therefore decide to withdraw the acceptance of the undertaking in relation to (i) CSI Solar Power (China) Inc., Canadian Solar Manufacturing (Changshu) Inc., Canadian Solar Manufacturing (Luoyang) Inc., and CSI Cells Co. Ltd jointly covered by TARIC additional code: B805; (ii) ET Solar Industry Limited and ET Energy Co. Ltd jointly covered by the TARIC additional code B819; and (iii) Renesola Zhejiang Ltd and Renesola Jiangsu Ltd jointly covered by the TARIC additional code B921.

3. The amending implementing regulation shall enter into force on 6 June 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 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 with individual duty rates ranging from 0% to 11.5%). 


5. Besides, the Commission also accepted an undertaking offered by a group of cooperating exporting producers in the Mainland of China, including their related companies in the Mainland of China and in the EU, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products, in connection with the anti-dumping and anti-subsidy proceedings concerning imports of the product originating in or consigned from the Mainland of China. 

6. Separately, the Commission has initiated a partial interim review of the anti-dumping and countervailing measures and investigations concerning the possible circumvention of anti-dumping measures and countervailing measures in May 2015.  For details, please refer to Commercial Information Circulars Nos. 322/2015 of 6 May 2015, 438/2015 and 439/2015 of 1 June 2015.

ENQUIRIES

7.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.