25 Nov 2016
Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels, as further described in Article 1 of Implementing Regulation 1238/2013 and Article 1 of Implementing Regulation 1239/2013.
Countries/Economies: The Chinese mainland.
Action: On 16 November 2016, the Official Journal published Commission Implementing Regulation 2016/1998 withdrawing the acceptance of the undertaking for five 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 the product at issue originating in or consigned from the Chinese mainland for the period of application of definitive measures. As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application. Wuxi Suntech notified the Commission in August 2016 that it wished to withdraw from the undertaking. Jinko Solar, Risen Energy, JA Solar and Sumec notified the Commission in September 2016 that they also wished to withdraw from the undertaking. Therefore, the Commission has concluded that the acceptance of the undertaking for Wuxi Suntech, Jinko Solar, Risen Energy, JA Solar and Sumec shall be withdrawn.
Rates: Accordingly, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation 1239/2013 automatically apply to imports originating in or consigned from the Chinese mainland of the product concerned and produced by Wuxi Suntech (TARIC additional code: B796), Jinko Solar (TARIC additional code: B845), Risen Energy (TARIC additional code: B868), JA Solar (TARIC additional code: B794) and Sumec (TARIC additional code: B866) as of the day of entry into force of Commission Implementing Regulation 2016/1998.
Dates: Commission Implementing Regulation 2016/1998 entered into force on the day following that of its publication in the Official Journal.
Commodity: Certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406.4 mm, currently falling within CN codes 7304 19 90, ex 7304 29 90, 7304 39 98 and 7304 59 99 (TARIC code 7304 29 90 90).
Countries/Economies: The Chinese mainland.
Action: On 12 November 2016, the Official Journal published Commission Regulation 2016/1977 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the Chinese mainland. The Commission had initiated the investigation following a complaint by the Defence Committee of the seamless steel tubes industry of the European Union (‘the complainants’). The complainants are said to represent more than 25% of the total Union production of the product concerned. As regards magnitude of the actual dumping margin, the Regulation notes that the dumping margins of the sampled Chinese exporting producers are considerable, and given the volume, market share and prices of the dumped imports from mainland China, the impact on the Union industry of the actual dumping margin cannot be considered to be negligible. However, no dumping was found to have taken place previously. As for its conclusion on injury, the Commission found, during the period considered, that the production of the Union industry, and consequently the employment, has decreased. The Union industry has lost sales volumes and market share, while the imports from mainland China have undercut the Union prices, thereby putting pressure on the prices. As a result, the sales prices have decreased. Most importantly, it is stated that the industry has become loss-making: profitability has deteriorated during the period considered, reaching the worst result in the investigation period with an 18.3% loss. In light of the foregoing, the Commission has provisionally concluded that the Union industry suffered material injury.
Rates: The rate of the provisional anti-dumping duty ranges from 43.5% to 79% for named producers, is 71.8% for other cooperating producers, and is 81.1% for all other producers.
Dates: Within 25 calendar days of the date of entry into force of the Regulation, interested parties may: (a) request disclosure of the essential facts and considerations on the basis of which the Regulation was adopted; (b) submit their written comments to the Commission; and (c) request a hearing with the Commission and/or the Hearing Officer in trade proceedings. Within 25 calendar days of the date of entry into force of the Regulation, the parties referred to in Article 21(4) of Regulation 2016/1036 may comment on the application of the provisional measures. The Regulation entered into force on the day following that of its publication in the Official Journal. Article 1 of the Regulation which imposes the duties shall apply for a period of six months.