6 Oct 2017
Commodity: Barium carbonate with a strontium content of more than 0.07% by weight and a sulphur content of more than 0.0015% by weight, 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 28 September 2017, the Official Journal published Commission Implementing Regulation 2017/1759 imposing a definitive anti-dumping duty on imports of barium carbonate originating in the Chinese mainland. This follows an expiry review of the measures. Previously, in August 2011, following the previous expiry review, the measures that were then already existing were extended for a period of five years by Council Implementing Regulation 831/2011. Following the publication of a notice of the impending expiry of the anti-dumping measures in force, the Commission received, on 12 May 2016, a request for the initiation of an expiry review. The request was lodged by Solvay & CPC Barium Strontium GmbH & Co. KG, Germany (‘the applicant’), said to be the sole Union producer of barium carbonate, thus representing 100% of the total Union production. The request was based on the grounds that the expiry of the definitive anti-dumping measures would likely result in the continuation of dumping and injury. Based on its expiry review investigation, the Commission concluded that the Union industry's injurious situation had to be attributed to the large import volumes made at significant low dumped prices from mainland China and that these imports had a determining role in the material injury suffered by the Union industry. The investigation showed that Chinese imports were made at dumped price levels during the review investigation period and that there was a likelihood of continuation of dumping should the measures be allowed to lapse. To establish the likelihood of continuation of injury the following elements were analysed: the production and spare capacities in mainland China, the attractiveness of the Union market, the expected price level of Chinese imports into the Union market and the foreseen impact on the Union industry. It is also stated that, due to the non-cooperation of the Chinese exporting producers, this analysis was based on Article 18 of the basic Regulation, which allows the Commission to depend on “facts available” to determine whether dumping is currently taking place and the likelihood of continuation or recurrence of dumping.
Rates: The amount of the definitive anti-dumping duty shall be equal to a fixed amount as specified for products produced by the following manufacturers: Hubei Jingshan Chutian Barium Salt Corp. Ltd: 6.3 EUR/tonne; and Zaozhuang Yongli Chemical Co. Ltd: 8.1 EUR/tonne. For all other companies the rate of the duty is 56.4 EUR/tonne.
Dates: Commission Implementing Regulation 2017/1759 entered into force on the day following that of its publication in the Official Journal of the European Union.
Commodity: Crystalline silicon photovoltaic modules and key components (i.e. cells) as further described in Article 1 of Commission Implementing Regulation 2017/367 and Commission Implementing Regulation 2017/366.
Countries/Economies: The Chinese mainland.
Action: On 20 September 2017, the Official Journal published Commission Implementing Regulation 2017/1589 withdrawing the acceptance of an undertaking for one exporting producer, namely, Chinaland Solar Energy Co. Ltd. The undertaking was provided under Implementing Decision 2013/707/EU which confirmed the acceptance of the 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. The findings listed in recitals 38 to 40 of Commission Implementing Regulation 2017/1589 address the problems identified for Chinaland, obliging the Commission to withdraw acceptance of the undertaking for this exporting producer. For example, in its quarterly reports, Chinaland had reported sales transactions of the product covered to an allegedly unrelated importer in the Union and had issued undertaking invoices. These transactions amounted in value to around 20% of its total sales to the Union. Based on the information available to the Commission, the importer involved in these transactions was related to Chinaland.
Dates: Commission Implementing Regulation 2017/1589 entered into force on the day following that of its publication in the Official Journal.