22 Sept 2017
Commodity: Crystalline silicon photovoltaic modules and key components (i.e. cells) as described in Article 1 of Commission Implementing Regulation 2017/367 and Commission Implementing Regulation 2017/366. See, also, amending provisions of Articles 1 and 2 of new Commission Implementing Regulation 2017/1570.
Countries/Economies: The Chinese mainland.
Action: On 16 September 2017, the Official Journal published Commission Implementing Regulation 2017/1570 amending Implementing Regulation 2017/366 and Implementing Regulation 2017/367 imposing definitive countervailing and anti-dumping duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland and repealing Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland for the period of application of definitive measures. It will be recalled that on 3 March 2017 the Commission initiated a partial interim review limited to the form of the measures. The Commission's intention to initiate this review was announced in the Union Interest chapter of the two expiry review regulations as a means to strike the right balance between the diverging interests that the expiry review investigations had found to exist on the solar market for the remaining period of the measures' duration. The Commission has noted that the price undertaking initially covered all companies cooperating in the initial investigation. Given that there will be a new variable duty MIP to replace this undertaking, the Commission found it appropriate that the new MIP shall only apply to those companies that were still part of the price undertaking or withdrew voluntarily without any previous issues identified by the Commission. In turn, the Commission considered that other companies should not be subject to the new MIP system, but to ad valorem duties in order not to undermine the effectiveness of the new form of measures.
Accordingly, the variable duty MIP will only apply to the legal entities listed in the new Annex VI to be added to Implementing Regulation 2017/367 and new Annex 5 to be added to the Implementing Regulation 2017/366.
Rates: Where goods from the legal entities listed in the new annexes mentioned above are imported at a CIF Union border price equal to or above the variable duty MIP established, no duty would be payable. If such imports are made at a price below the variable duty MIP, the definitive duty should be equal to the difference between the applicable variable duty MIP and the net free-at-Union-frontier price, before duty. In no event shall the amount of the duty be higher than the combined ad valorem duty rates set out in Article 1(2) of Implementing Regulation 2017/367 and Article 1(2) of Implementing Regulation 2017/366. Accordingly, if imports are made at a price below the variable duty MIP, the lower of the difference between the applicable variable duty MIP and the net free-at-Union-frontier price, before duty, and the combined ad valorem duty rates set out in Article 1(2) of Implementing Regulation 2017/367 and Article 1(2) of Implementing Regulation 2017/366 would be payable. Moreover, the minimum import price (MIP) will decrease each quarter as set out in the table in Article 1 of the new Regulation for each corresponding product type. Implementing Decision 2013/707/EU confirming the acceptance of the undertaking, as last amended by Implementing Decision 2017/615, will be repealed, because the variable duty MIP will replace the current undertaking.
Dates: Commission Implementing Regulation 2017/1570 shall enter into force 15 days following its publication in the Official Journal.
Commodity: Tartaric acid, excluding D-(-)-tartaric acid with a negative optical rotation of at least 12.0 degrees, measured in a water solution according to the method described in the European Pharmacopoeia, currently falling within CN code ex 2918 12 00 (TARIC code 2918 12 00 90).
Countries/Economies: The Chinese mainland.
Action: On 7 September 2017, the Official Journal published a notice concerning the judgment of 1 June 2017 in case T-442/12: Changmao Biochemical Engineering Co. Ltd v Council (‘the judgment’). In the judgment, the General Court annulled Council Implementing Regulation 626/2012 amending Implementing Regulation 349/2012 imposing a definitive anti-dumping duty on imports of tartaric acid to the extent that it applied to the Chinese exporting producer Changmao Biochemical Engineering Co. Ltd (‘the exporting producer concerned’). The General Court ruled that the rights of defence of the exporting producer concerned were breached by the rejection of its request for disclosure of information relating to the price difference between DL tartaric acid and L+ tartaric acid in the context of the normal value calculations without any valid justification provided in due time. The General Court held that it could not be ruled out that if the request had been accepted, the outcome of the investigation could have been different. The Commission has decided to reopen the anti-dumping investigation, in so far as it concerns the exporting producer concerned, and resumes it at the point at which the irregularity occurred. This reopening is limited in scope to the implementation of the judgment of the General Court. The reopening does not affect other investigations. Council Implementing Regulation 349/2012 imposing a definitive anti-dumping duty is, therefore, still applicable in respect of the exporting producer concerned. Interested parties are informed of this review through the publication of the notice in the Official Journal.
Dates: All interested parties, and in particular the exporting producer concerned and the Union industry, are invited to make their views known, submit information and provide supporting evidence on issues pertaining to the reopening of the investigation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 20 days from the date of publication of the notice. The exporting producer concerned and the Union industry 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 reopening of the investigation the request must be submitted within 15 days of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with these parties.
Commodity: 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 (TARIC codes 8501310081, 8501310089, 8501320041, 8501320049, 8501330061, 8501330069, 8501340041, 8501340049, 8501612041, 8501612049, 8501618041, 8501618049, 8501620061, 8501620069, 8501630041, 8501630049, 8501640041, 8501640049, 8541409021, 8541409029, 8541409031 and 8541409039). For a detailed description please see Article 1 of Commission Implementing Regulation 2017/366 or Commission Implementing Regulation 2017/367.
Countries/Economies: The Chinese mainland
Action: On 6 September 2017, the Official Journal published Commission Implementing Regulation 2017/1524 withdrawing the acceptance of an undertaking for two exporting producers under Implementing Decision 2013/707/EU. The latter Decision confirms the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland for the period of application of definitive measures. While monitoring compliance with the undertaking, the Commission verified information submitted by AE Solar and Wuxi Saijing that was relevant to the undertaking. The Commission also assessed publicly available information regarding the corporate structure of AE Solar. The Commission also requested assistance and received evidence from customs authorities of one Member State. The findings listed in recitals 37 to 42 of Commission Implementing Regulation 2017/1524 address the problems identified for AE Solar and Wuxi Saijing which oblige the Commission to withdraw acceptance of the undertaking for those two exporting producers. For example, in its quarterly reports, AE Solar had reported several sales transactions of the product covered to an allegedly unrelated importer in the Union and had issued undertaking invoices. Based on the information available to the Commission, the importer involved in these transactions was however related to AE Solar. Furthermore, based on the evidence received from customs authorities, Wuxi Saijing had set up a trading system with one unrelated importer to sell solar modules below the MIP since the entry into force of the undertaking. Wuxi Saijing issued undertaking invoices respecting the MIP to this customer and the customer first paid the face value due for these transactions to Wuxi Saijing. However, Wuxi Saijing and the unrelated customer kept a parallel sales record tracking the difference between the face value of the undertaking invoice prices and the actual sales prices, the latter of which were systematically below the MIP. Wuxi Saijing compensated its unrelated customer for the difference between the face value and the actual sales price by payments of private invoices. Such pattern constitutes a breach of the undertaking. In sum, acceptance of the undertaking in relation to the following companies has been withdrawn: Alternative Energy (AE) Solar Co. Ltd and Wuxi Saijing Solar Co. Ltd.
Dates: Commission Implementing Regulation 2017/1524 entered into force on the day following that of its publication.
Commodity: Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712 00 70 91and 8712 00 70 99). This commodity description is set out in Article 1 of Council Regulation 502/2013.
Countries/Economies: The Chinese mainland.
Action: On 5 September 2017, the Official Journal published a notice of the impending expiry of certain anti-dumping measures, namely, those targeting bicycles originating in mainland China. The Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures are scheduled to expire on 6 June 2018. Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
Dates: Union producers may submit a written request for a review on the above basis, to reach the European Commission at any time from the date of the publication of the notice but no later than three months before the scheduled date of expiry.