13 Aug 2019
Commodity: Flat-rolled products of stainless steel, whether or not in coils (including products cut-to-length and narrow strip), not further worked than hot-rolled, currently falling under HS codes 7219 11, 7219 12, 7219 13, 7219 14, 7219 22, 7219 23, 7219 24, 7220 11 and 7220 12. The following products are excluded: products, not in coils, of a width of 600 mm or more and of a thickness exceeding 10 mm.
Countries/Economies: The Chinese mainland, Taiwan and Indonesia
Action: On 12 August 2019, the Official Journal published a notice of initiation of an anti-dumping proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the Chinese mainland, Taiwan and Indonesia. The complaint was lodged on 28 June 2019 by Eurofer, the European Steel Association (‘the complainant’), on behalf of four Union producers said to be representing the entirety of Union production of certain hot rolled stainless steel sheets and coils. The complainant claimed that it is not appropriate to use domestic prices and costs in the Chinese mainland, due to the existence of significant distortions. To substantiate this, the complainant mainly relied on the information contained in the country report produced by the Commission services on 20 December 2017 (‘Report on Significant Distortions in the Economy of the PRC for the purposes of the trade defence investigations’), describing the specific market circumstances in the Chinese mainland. In particular, the complainant claimed that the production and sale of the product under investigation is potentially affected by the distortions mentioned, inter alia, in the chapter ‘steel sector’ of the country report. Further, the complaint refers to the 13th 5-Year Plan (2016-2020) which identifies the steel industry as a fundamental sector of the Chinese economy. In light of the information available, the Commission considers that there is sufficient evidence tending to show that the use of domestic prices and costs in the Chinese mainland is inappropriate. The Commission intends to make use of the sampling procedure.
Dates: The investigation is, whenever possible, to be concluded within one year but in any event not later than 14 months from the date of publication of the notice. Provisional measures may be imposed normally not later than 7 months, but in any event not later than 8 months from the publication of the notice. Interested parties are advised to examine the notice of initiation for all the time limits/deadlines that apply to different aspects and various stages of the anti-dumping proceeding.
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 both Council Implementing Regulation 1238/2013 and Council Implementing Regulation 1239/2013.
Countries/Economies: The Chinese mainland.
Action: On 7 August 2019, the Official Journal published Commission Implementing Regulation 2019/1329 invalidating invoices issued by Zhejiang Sunflower Light Energy Science & Technology Ltd in breach of the undertaking repealed by Implementing Regulation 2017/1570. This action comes about in the framework of the anti-dumping and countervailing proceedings that were targeted at imports of solar panels from mainland China, and an undertaking that had been accepted by the Commission also within the framework of those proceedings. Under the terms of the undertaking, the exporting producers agreed, among others, not to sell the product concerned to the first independent customer in the Union below a certain minimum import price (‘the MIP’). The new Regulation now states that evidence received from customs authorities of a Member State indicates that Zhejiang Sunflower and its related importer sold solar panels in the Union systematically below the MIP, thus breaching the provisions of the undertaking. The breach is described in more detail under section E, titled “Grounds for the invalidation of undertaking invoices” of the new Regulation. In sum, in accordance with the terms of the undertaking, the Commission concluded that Zhejiang Sunflower had breached the undertaking while it was still in force. Therefore, Zhejiang Sunflower' invoices, which are listed in the Annex to the Commission Regulation, are declared invalid, and the definitive duties are declared to apply instead.
Dates: Commission Implementing Regulation 2019/1329 entered into force on the day following that of its publication in the Official Journal.