CELEX: 32013D0423
Language: en
Date: 2013-08-02 00:00:00
Title: 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

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