Commission Implementing Regulation (EU) 2015/588 of 14 April 2015 amending Implementing Regulation (EU) No 470/2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People's Republic of China

15.4.2015 EN Official Journal of the European Union L 98/6
COMMISSION IMPLEMENTING REGULATION (EU) 2015/588
of 14 April 2015
amending Implementing Regulation (EU) No 470/2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People's Republic of China
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), and in particular Articles 9(4) and 14(1),
Whereas:
(1) On 13 May 2014 the Commission adopted Implementing Regulation (EU) No 470/2014 (2) (‘the Regulation imposing definitive anti-dumping duties’) and Implementing Regulation (EU) No 471/2014 (3) (‘the Regulation imposing definitive countervailing duties’).
(2) Under the Regulation imposing definitive anti-dumping duties, the dumping margin for cooperating non-sampled companies was determined to be 84,7 % (4). The injury elimination level applicable to these companies was determined at 36,5 % (5).
(3) Three of these companies did not cooperate in the parallel anti-subsidy investigation and for that reason their definitive anti-subsidy duty rate was determined at 17,1 % (6). The companies concerned are:
— Henan Ancai Hi-Tech Co., Ltd,
— Henan Succeed Photovoltaic Materials Corporation, and
— Zibo Jinxing Glass Co. Ltd.
(4) Pursuant to recital 167 of the Regulation imposing definitive anti-dumping duties, in parallel investigations where the subsidy margins are lower than the injury elimination level, the definitive anti-subsidy duty should be imposed at the level of the established subsidy margins and the definitive anti-dumping duty should be imposed up to the relevant injury elimination level.
(5) On that basis, for the three companies that cooperated in the anti-dumping investigation but did not cooperate in the parallel anti-subsidy investigation, the rate at which the anti-dumping and the anti-subsidy duties should be imposed should be set as follows:
Company Subsidy margin Dumping margin Injury elimination level Countervailing (anti-subsidy) duty Anti-dumping duty
Other cooperating companies in the anti-dumping investigation, but not in the parallel anti-subsidy investigation 17,1 % 84,7 % 36,5 % 17,1 % 19,4 %
(6) It follows that recital 167 of the Regulation imposing definitive anti-dumping duties should also contain the information about the three companies as presented in the preceding recital.
(7) It also follows that Article 1(2) of the Regulation imposing definitive anti-dumping duties should be amended accordingly.
(8) If the amount of any duties paid or entered into the accounts in accordance with Article 1(2) of the Regulation imposing definitive anti-dumping duties exceeds those due under the present Regulation, that amount should be repaid or remitted. Similar applies to the provisional duties definitively collected under Article 2 of the same Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,