2013/423/EU: Commission Decision of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China
Date: 2013-08-02
Institutions: European Commission
Subjects: China, anti-dumping legislation, import (EU), originating product, semi-metal, solar collector








L_2013209EN.01002601.xml










3.8.2013   


EN


Official Journal of the European Union


L 209/26








            COMMISSION DECISION
         
of 2 August 2013
         
accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China
(2013/423/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,


After consulting the Advisory Committee,

Whereas:
A.   PROCEDURE







(1)


By Regulation (EU) No 513/2013 (2), the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC).




B.   UNDERTAKING

1.   Undertaking offer







(2)


Subsequent to the adoption of the provisional anti-dumping measures, a group of cooperating exporting producers, including their related companies in the PRC and in the European Union, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (hereinafter: ‘CCCME’) offered a joint price undertaking in accordance with Article 8(1) of the basic Regulation. The undertaking offer was also supported by the Chinese authorities.




2.   Evaluation of undertaking offer







(3)


The undertaking offer has been examined against the background of changed market circumstances between the moment of the submission of the undertaking offer and the investigation period in the investigation that led to the imposition of provisional measures. Observed changes relate to a drop of both price levels and consumption on the Union market and are linked to several factors established and analysed in the investigation that led to the imposition of provisional measures.










(4)


Changes in price levels can sometimes be addressed in an undertaking by an indexation method which links minimum import prices to prices of raw materials as quoted in recognized and publicly available sources. However, no correlation between prices of raw materials and those of final products that would allow for a reliable indexation method could be established in the present case. In order to address an established change in price levels, an alternative method had to be established and price reports by representative and publicly available databases (Bloomberg (3) and pvXchange (4)) specialised in the sector concerned have been used as a reference.










(5)


In order to ensure that the undertaking is practicable, the Chinese exporters presented a joint undertaking offer with one minimum import price for photovoltaic modules and one for each of their key components (i.e. cells and wafers).










(6)


Further, in order to reduce the risk of company channelling, and make it feasible and practical to monitor the number of participating exporters, the Chinese exporters offered to ensure that the volume of imports made under the undertaking would be at annual levels corresponding roughly to their current market performance.










(7)


The exporters have offered a price undertaking. In order to assess whether that price undertaking removes the injurious effect of dumping, the Commission has analysed, inter alia, the current export prices and the level of provisional duty. On that basis, it was concluded that the price undertaking removes the injurious effect of dumping.










(8)


The elimination of the injurious effect of dumping is therefore achieved by a price undertaking covering imports within an associated annual level and in addition an ad valorem provisional duty levied on imports above the annual level as referred to in recital 6 above.










(9)


The CCCME will also provide the Commission with regular and detailed information concerning the sales to the Union of the companies presenting the joint undertaking offer, allowing for the undertaking to be monitored effectively by the Commission. With a view to CCCME’s active role, the support given by the Chinese authorities and the safety net in the form of annual level referred to in recital 6, the Commission considers the risk of circumvention limited and outweighed by considerations linked to the need to ensure security of supplies on the Union market.




C.   COMMENT OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING

1.   Comments of parties







(10)


The undertaking offer has been made available to interested parties. No comments against its acceptance have been received so far.










(11)


In the view of the above, the undertaking offered by the exporting producers is acceptable. The companies concerned and the CCCME have been informed of the essential facts, considerations and obligations upon which the acceptance is based.










(12)


Further, to enable the Commission to monitor effectively compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on:






(a)


the presentation of a commercial invoice by the company listed in the Annex to this Decision and a certificate issued by the CCCME containing at least the elements listed in Annex II and Annex III of Regulation (EU) No 513/2013 respectively;










(b)


the fact that the imported goods are manufactured, shipped and invoiced directly by the companies listed in the Annex to this Decision either to their related companies in the Union acting as an importer and clearing the goods for free circulation in the Union as mentioned in the Annex to this Decision or to the first independent customer acting as an importer and clearing the goods for free circulation in the Union;










(c)


the fact that the goods declared and presented to customs correspond precisely to the description of the commercial invoice.














(13)


Where no such invoice and certificate are presented or when they do not correspond to the product presented to customs or a commercial invoice containing at least the elements of Annex IV of Regulation (EU) No 513/2013 is presented, the appropriate rate of anti-dumping duty shall instead be payable.










(14)


Whenever, pursuant to Article 8(9) of the basic Regulation, the Commission withdraws its acceptance of an undertaking following a breach by referring to particular transactions and declares the relevant undertaking invoices to be invalid, a customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation.










(15)


Importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals 11 and 12 even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission.










(16)


Pursuant to Article 14(7) of the basic Regulation, customs authorities should inform the Commission immediately whenever indications of a violation of the undertaking are found.










(17)


In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the provisional anti-dumping duty imposed in accordance with Article 7 of the basic Regulation shall automatically apply by means of Article 8(9) of the basic Regulation.




HAS ADOPTED THIS DECISION:



Article 1
The undertaking offered by the exporting producers listed in the Annex of this Decision together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME), in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, is hereby accepted.


Article 2
This Decision shall enter into force on 6 August 2013.




Done at Brussels, 2 August 2013.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 343, 22.12.2009, p. 51.

(2)  
            OJ L 152, 5.6.2013, p. 5.

(3)  Paid information available to Bloomberg Professional Service subscribers only.

(4)  http://www.pvxchange.com/




ANNEX
List of companies:






Name of the company


Taric additional code




Jiangsu Aide Solar Energy Technology Co. Ltd


B798 




Anji DaSol Solar Energy Science & Technology Co. Ltd


B802 




Anhui Schutten Solar Energy Co. Ltd
Quanjiao Jingkun Trade Co. Ltd


B801 




Xi’an SunOasis (Prime) Company Limited
TBEA SOLAR CO. LTD
XINJIANG SANG’O SOLAR EQUIPMENT


B804 




CSI Solar Power (China) Inc.
Canadian Solar Manufacturing (Changshu) Inc.
Canadian Solar Manufacturing (Luoyang) Inc.
CSI Cells Co. Ltd


B805 




Changzhou NESL Solartech Co. Ltd


B806 




Changzhou Trina Solar Energy Co. Ltd
Trina Solar (Changzhou) Science & Technology Co. Ltd
Changzhou Youze Technology Co. Ltd


B791 




CHINALAND SOLAR ENERGY CO. LTD


B808 




ChangZhou EGing Photovoltaic Technology Co. Ltd


B811 




CIXI CITY RIXING ELECTRONICS CO. LTD.
ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD.
HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD.


B812 




CNPV Dongying Solar Power Co. Ltd


B813 




China Sunergy (Nanjing) Co. Ltd
CEEG Nanjing Renewable Energy Co. Ltd
CEEG (Shanghai) Solar Science Technology Co. Ltd
China Sunergy (Yangzhou) Co. Ltd
China Sunergy (Shanghai) Co. Ltd


B809 




Chint Solar (Zhejiang) Co. Ltd


B810 




Delsolar (Wujiang) Ltd


B792 




Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd


B816 




Era Solar Co. Ltd


B818 




ET Solar Industry Limited
ET Energy Co. Ltd


B819 




GD Solar Co. Ltd


B820 




Konca Solar Cell Co. Ltd
Suzhou GCL Photovoltaic Technology Co. Ltd
Jiangsu GCL Silicon Material Technology Development Co. Ltd
Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
GCL-Poly (Suzhou) Energy Limited
GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
GCL SOLAR POWER (SUZHOU) LIMITED
GCL Solar System (Suzhou) Limited


B850 




Guodian Jintech Solar Energy Co. Ltd


B822 




Hangzhou Bluesun Solar Energy Technology Co. Ltd


B824 




Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd
Zhejiang Jinbest Energy Science and Technology Co. Ltd


B825 




Hanwha SolarOne (Qidong) Co. Ltd


B826 




Hengdian Group DMEGC Magnetics Co. Ltd


B827 




HENGJI PV-TECH ENERGY CO. LTD.


B828 




Jiangsu Green Power PV Co. Ltd


B831 




Jiangsu Hosun Solar Power Co. Ltd


B832 




Jiangsu Jiasheng Photovoltaic Technology Co. Ltd


B833 




Jiangsu Runda PV Co. Ltd


B834 




Jiangsu Sainty Photovoltaic Systems Co. Ltd


B835 




Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd


B835 




Jiangsu Seraphim Solar System Co. Ltd


B836 




Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
Changzhou Shunfeng Photovoltaic Materials Co. Ltd
Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd


B837 




Jiangsu Sinski PV Co. Ltd


B838 




Jiangsu Sunlink PV Technology Co. Ltd


B839 




Jiangsu Zhongchao Solar Technology Co. Ltd


B840 




Jiangxi LDK Solar Hi-Tech Co. Ltd
LDK Solar Hi-Tech (Nanchang) Co. Ltd
LDK Solar Hi-Tech (Suzhou) Co. Ltd


B793 




Jiangyin Hareon Power Co. Ltd
Hareon Solar Technology Co. Ltd
Taicang Hareon Solar Energy Co. Ltd


B842 




Jiangyin Shine Science and Technology Co. Ltd


B843 




JingAo Solar Co. Ltd
Shanghai JA Solar Technology Co. Ltd
JA Solar Technology Yangzhou Co. Ltd
Hefei JA Solar Technology Co. Ltd
Shanghai JA Solar PV Technology Co. Ltd


B794 




Jinko Solar Co. Ltd
Jinko Solar Import and Export Co. Ltd
ZHEJIANG JINKO SOLAR CO. LTD
ZHEJIANG JINKO SOLAR TRADING CO. LTD


B845 




Jinzhou Yangguang Energy Co. Ltd
Jinzhou Huachang Photovoltaic Technology Co. Ltd
Jinzhou Jinmao Photovoltaic Technology Co. Ltd
Jinzhou Rixin Silicon Materials Co. Ltd
Jinzhou Youhua Silicon Materials Co. Ltd


B795 




Juli New Energy Co. Ltd


B846 




Jumao Photonic (Xiamen) Co. Ltd


B847 




Kinve Solar Power Co.Ltd (Maanshan)


B849 




Lightway Green New Energy Co. Ltd
Lightway Green New Energy(Zhuozhou) Co. Ltd


B851 




MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD


B852 




NICE SUN PV CO. LTD
LEVO SOLAR TECHNOLOGY CO. LTD


B854 




Ningbo Huashun Solar Energy Technology Co. Ltd


B856 




Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd


B857 




Ningbo Komaes Solar Technology Co. Ltd


B858 




Ningbo Osda Solar Co. Ltd


B859 




Ningbo Qixin Solar Electrical Appliance Co. Ltd


B860 




Ningbo Sunbe Electric Ind Co. Ltd


B862 




Ningbo Ulica Solar Science & Technology Co. Ltd


B863 




Perlight Solar Co. Ltd


B865 




Phono Solar Technology Co. Ltd
Sumec Hardware & Tools Co. Ltd


B866 




RISEN ENERGY CO. LTD


B868 




SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD


B869 




SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD


B870 




SHANGHAI ALEX NEW ENERGY CO. LTD


B870 




Shanghai BYD Co. Ltd
BYD(Shangluo)Industrial Co.Ltd


B871 




Shanghai Chaori Solar Energy Science & Technology Co. Ltd
Shanghai Chaori International Trading Co. Ltd


B872 




SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD


B874 




SHANGHAI SOLAR ENERGY S&T CO. LTD
Shanghai Shenzhou New Energy Development Co. Ltd
Lianyungang Shenzhou New Energy Co. Ltd


B875 




Shenzhen Sacred Industry Co.Ltd


B878 




Shenzhen Topray Solar Co. Ltd
Shanxi Topray Solar Co. Ltd
Leshan Topray Cell Co. Ltd


B880 




Sopray Energy Co. Ltd
Shanghai Sopray New Energy Co. Ltd


B881 




SUN EARTH SOLAR POWER CO. LTD.
NINGBO SUN EARTH SOLAR POWER CO. LTD.
Ningbo Sun Earth Solar Energy Co. Ltd


B882 




SUZHOU SHENGLONG PV-TECH CO. LTD


B883 




Wenzhou Jingri Electrical and Mechanical Co. Ltd


B886 




Wuhu Zhongfu PV Co. Ltd


B889 




Wuxi Saijing Solar Co. Ltd


B890 




Wuxi Shangpin Solar Energy Science and Technology Co. Ltd


B891 




Wuxi Solar Innova PV Co. Ltd


B892 




Wuxi Suntech Power Co. Ltd
Suntech Power Co. Ltd
Wuxi Sunshine Power Co. Ltd
Luoyang Suntech Power Co. Ltd
Zhenjiang Rietech New Energy Science Technology Co. Ltd
Zhenjiang Ren De New Energy Science Technology Co. Ltd


B796 




Wuxi Taichang Electronic Co. Ltd
Wuxi Machinery & Equipment Import & Export Co. Ltd
Wuxi Taichen Machinery & Equipment Co. Ltd


B893 




Xi’an Huanghe Photovoltaic Technology Co. Ltd
State-run Huanghe Machine-Building Factory Import and Export Corporation


B896 




Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd


B896 




Xi’an LONGi Silicon Materials Corp.
Wuxi LONGi Silicon Materials Co. Ltd


B897 




Years Solar Co. Ltd


B898 




Yingli Energy (China) Co. Ltd
Baoding Tianwei Yingli New Energy Resources Co. Ltd
Hainan Yingli New Energy Resources Co. Ltd
Hengshui Yingli New Energy Resources Co. Ltd
Tianjin Yingli New Energy Resources Co. Ltd
Lixian Yingli New Energy Resources Co. Ltd
Baoding Jiasheng Photovoltaic Technology Co. Ltd
Beijing Tianneng Yingli New Energy Resources Co. Ltd
Yingli Energy (Beijing) Co. Ltd


B797 




Yuhuan BLD Solar Technology Co. Ltd
Zhejiang BLD Solar Technology Co. Ltd


B899 




Yuhuan Sinosola Science & Technology Co. Ltd


B900 




Zhangjiagang City SEG PV Co. Ltd


B902 




Zhejiang Fengsheng Electrical Co. Ltd


B903 




Zhejiang Global Photovoltaic Technology Co. Ltd


B904 




Zhejiang Jiutai New Energy Co. Ltd
Zhejiang Topoint Photovoltaic Co. Ltd


B906 




Zhejiang Kingdom Solar Energy Technic Co. Ltd


B907 




 


 




Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd


B911 




Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
Zhejiang Yauchong Light Energy Science & Technology Co. Ltd


B914 




Zhejiang Trunsun Solar Co. Ltd
Zhejiang Beyondsun PV Co. Ltd


B917 




Zhejiang Xiongtai Photovoltaic Technology Co. Ltd


B919 




ZHEJIANG YUANZHONG SOLAR CO. LTD


B920 




RENESOLA ZHEJIANG LTD
RENESOLA JIANGSU LTD


B921 




Zhongli Talesun Solar Co. Ltd


B922 




ZNSHINE PV-TECH CO. LTD


B923