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Anti-dumping Actions

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 8501 31 00 81, 8501 31 00 89, 8501 32 00 41, 8501 32 00 49, 8501 33 00 61, 8501 33 00 69, 8501 34 00 41, 8501 34 00 49, 8501 61 20 41, 8501 61 20 49, 8501 61 80 41, 8501 61 80 49, 8501 62 00 61, 8501 62 00 69, 8501 63 00 41, 8501 63 00 49, 8501 64 00 41, 8501 64 00 49, 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 29 0239). To see excluded product types, please see Article 1 of Regulations 1238/2013 and 1239/2013. Countries/Economies: The Chinese mainland.
Action: On 23 August 2016, the Official Journal published Commission Implementing Regulation 2016/1402 withdrawing the acceptance of the undertaking for three exporting producers under Implementing Decision 2013/707/EU. The latter Decision confirmed 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 Osda Solar, Qixin Solar, and Linuo that was relevant to the undertaking. The Commission also received evidence from the customs authorities of one Member State. The findings set out in recitals 26 to 34 of the new Regulation address the problems identified for Osda Solar, Qixin Solar and Linuo which, it is stated, oblige the Commission to withdraw the acceptance of the undertaking for these exporting producers. For example, in its quarterly reports, Osda Solar had reported a sales transaction of the product covered to an allegedly unrelated importer in the Union and had issued an undertaking invoice. Based on the information available to the Commission, the importer involved in the transaction was related to Osda Solar. As this importer is not listed as a related party in the undertaking, Osda Solar is said to have breached the terms of the undertaking. A similar scenario is described as having occurred in respect of the other two named exporters, i.e., Qixin Solar, and Linuo. Although the breaches by the three exporting producers show a similar pattern, the Commission considers that the responsibility for the breaches lies with the exporting producers in question; the monitoring has so far not revealed systematic breaches of this pattern by a major number of exporting producers or the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME). At present, the Commission considers that the overall functioning of the undertaking is not affected and that there are no grounds for withdrawal of the acceptance of the undertaking for all exporting producers and the CCCME. However, by letter of 11 July 2016 the Commission informed the CCCME about the aforementioned breaches by the three exporting producers showing a similar pattern and stated at the same time that should breaches of a similar pattern persist in the future, the Commission might re-assess the overall practicability of the undertaking.  
Dates: This Regulation entered into force on the day following that of its publication in the Official Journal.

Commodity: Footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, falling within CN codes: 6403 20 00, ex 6403 30 00, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98 and ex 6405 10 00.The TARIC codes are listed in Annex I to Regulation 2016/1395.
Countries/Economies: The Chinese mainland.
Action: On 19 August 2016, the Official Journal published Commission Implementing Regulation 2016/1395 reimposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the Chinese mainland, and produced by a number of named companies, and implementing the judgment of the Court of Justice in joined cases. It will be recalled that, by Regulation 1472/2006 (the ‘contested regulation’) the Council imposed definitive anti-dumping duties ranging from 9.7% to 16.5% on imports of certain footwear with uppers of leather, originating in Vietnam and the Chinese mainland. Further to an expiry review initiated on 3 October 2008, the Council extended the anti-dumping measures for 15 months by Regulation 1294/2009, i.e. until 31 March 2011, when the measures expired. A number of applicants challenged the contested Regulation, and were eventually successful, on appeal, at the Court of Justice of the EU. The latter annulled the contested Regulation, in so far as it related to the applicants concerned. The Commission has the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the parts of the assessment which are not affected by the judgment. The present Regulation therefore seeks to correct the aspects of the contested Regulation found to be inconsistent with the Basic Anti-dumping Regulation, and which thus led to the declaration of invalidity in so far as certain exporting producers from the Chinese mainland were concerned. All other findings made in the contested Regulation, which were not declared invalid by the Court of Justice, remain valid and are therefore incorporated into the present Regulation. The Commission concluded that account was taken of the comments made. It concluded that the residual anti-dumping duty applicable to the Chinese mainland in respect of 13 exporting producers concerned for the period of application of the contested Regulation should be reimposed. 
Rates: The rate of the definitive anti-dumping duty that is applicable to the footwear concerned, manufactured by the exporting producers listed in Annex II to the present Regulation, is set at 16.5%.The amounts secured by way of the provisional anti-dumping duty pursuant to Commission Regulation  553/2006 shall be definitively collected by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duty shall be released.
Dates: Regulation 2016/1395 entered into force on the day following that of its publication in the Official Journal.

Commodity: Barium carbonate with a strontium content of more than 0.07% by weight and a sulphur content of more than 0.0015%, whether in powder, pressed granular or calcined granular form, currently falling within CN code ex 2836 60 00 (TARIC code 2836600010).
Countries/Economies: The Chinese mainland.
Action: On 18 August 2016, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of barium carbonate originating in the Chinese mainland. The request was lodged on 12 May 2016 by Solvay & CPC Barium Strontium GmbH & Co. KG (‘the applicant’), said to be the sole producer of barium carbonate in the European Union, representing 100% of the total Union production of barium carbonate. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 831/2011. The request is based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and a continuation of injury to the Union industry. The applicant has, among other matters, provided prima facie evidence that imports of the product under review from the country concerned to the Union have increased overall, and remained significant in absolute terms and in terms of market shares. In the previous investigation India was used as a market economy third country for the purpose of establishing normal value. For the purpose of the current investigation, based on the information contained in the request, it is envisaged that India may be used again as analogue country. For all matters related to the review, traders should examine the notice carefully for the relevant details.
Rates: As this expiry review is initiated in accordance with the provisions of Article 11(2) of the Basic Anti-dumping Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained. However, if any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review.
Dates: Subject to the provisions of the notice, all interested parties are furthermore invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice. All interested parties may 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 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 the parties. The investigation will be concluded within 15 months of the date of the publication of the notice.

Commodity: Ironing boards, whether or not free-standing, with or without a steam soaking and/or heating top and/or blowing top, including sleeve boards, and essential parts thereof, i.e. the legs, the top and the iron rest, currently falling within CN codes ex 3924 90 00, ex 4421 90 98, ex 7323 93 00, ex 7323 99 00, ex 8516 79 70 and ex 8516 90 00 (TARIC codes 3924 90 00 10, 4421 90 98 10, 7323 93 00 10, 7323 99 00 10, 8516 79 70 10 and 8516 90 00 51). This description is provided in Article 1 of Regulation 695/2013.
Countries/Economies: The Chinese mainland.
Action: The Official Journal has published a notice concerning the modification of the name of a company subject to an individual anti-dumping duty rate. The notice states that imports of ironing boards originating in the Chinese mainland are subject to definitive anti-dumping duties, imposed by Council Implementing Regulation 695/2013. Foshan Shunde Yongjian Housewares and Hardware Co. Ltd, a company located in the Chinese mainland, whose exports to the Union of ironing boards are subject to an individual anti-dumping duty rate of 18.1%, has informed the Commission that on 12 January 2016 it changed its name to Guangdong Wireking Household Supplies Co. Ltd. The company has asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual duty rate applied to it under its previous name of Foshan Shunde Yongjian Housewares and Hardware Co. Ltd. The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Implementing Regulation 695/2013. Therefore, the reference to ‘Foshan Shunde Yongjian Housewares and Hardware Co. Ltd, Foshan’ should be read as ‘Guangdong Wireking Household Supplies Co. Ltd, Foshan’.
Rates: The rate of duty (18.1%) and the TARIC additional code A785 previously attributed to Foshan Shunde Yongjian Housewares and Hardware Co. Ltd, Foshan shall apply to Guangdong Wireking Household Supplies Co. Ltd, Foshan.
Dates: The notice was published on 18 August 2016.

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 8501 31 00 81, 8501 31 00 89, 8501 32 00 41, 8501 32 00 49, 8501 33 00 61, 8501 33 00 69, 8501 34 00 41, 8501 34 00 49, 8501 61 20 41, 8501 61 20 49, 8501 61 80 41, 8501 61 80 49, 8501 62 00 61, 8501 62 00 69, 8501 63 00 41, 8501 63 00 49, 8501 64 00 41, 8501 64 00 49, 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 29 0239). To see excluded product types, please see Article 1 of Regulations 1238/2013 and 1239/2013. Countries/Economies: The Chinese mainland.
Action: On 17 August 2016, the Official Journal published Commission Implementing Regulation 2016/1382 withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU. It may be recalled that the latter Decision has confirmed 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 the definitive measures. The undertaking stipulates that the Commission may withdraw the acceptance of the undertaking during its period of application, if monitoring and enforcement prove to be impracticable, including any change in circumstances. In addition, any exporting producer may also voluntarily withdraw its undertaking at any time during its application. In the case of two named companies, Delsolar and MOTECH, both have a related party in Taiwan that was granted an exemption in anti-circumvention investigations. The Commission considers that the exemption for their imports into the Union has created a high risk of cross-compensation. In fact, the related parties exempted in the anti-circumvention investigation may sell the product concerned to the same Union customers to whom the product covered is sold and the prices for such transactions could be set in a way to compensate for the Minimum Import Price under the undertaking. The Commission states that it is not in a position to monitor the sales to the same Union customers under the undertaking and from Taiwan. Therefore, the Commission has concluded that the above exemptions render the monitoring of Delsolar's and MOTECH's undertaking impracticable. LERRI Solar notified the Commission in March 2016 that it wished to withdraw from the undertaking. Xi'an LONGi and CNPV notified the Commission in May 2016 that they wished to withdraw from the undertaking as well. The acceptance of the undertaking for all these named companies has therefore been withdrawn.
Rates: Accordingly, pursuant to the EU’s Basic Anti-dumping and Anti-subsidy Regulations, the definitive duties imposed by Article 1 of Implementing Regulations 1238/2013 and 1239/2013 automatically apply to imports originating in or consigned from the Chinese mainland of the product concerned and produced by Delsolar (TARIC additional code: B792), CNPV (TARIC additional code: B813), MOTECH (TARIC additional code: B852), Xi'an LONGi (TARIC additional code: B897) and LERRI Solar (TARIC additional code: B898) as of the day of entry into force of the new Regulation.
Dates: Regulation 2016/1382 entered into force on the day following that of its publication in the Official Journal.

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