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Anti-dumping Actions

Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90. For a fuller description please see Commission Implementing Regulation 2017/1997.

Countries/Economies: The Chinese mainland.

Action: On 8 November 2017, the Official Journal published Commission Implementing Regulation 2017/1997 amending Implementing Regulations 2016/184 and 2016/185 extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not. By Commission Implementing Regulation (EU) 2017/242, the Commission had initiated a review of the extended measures for the purpose of determining the possibility of granting an exemption from those measures to Jinko Solar Technology SDN.BHD, a Malaysian exporting producer of crystalline silicon photovoltaic modules and key components (i.e. cells). The review was opened following a request lodged by the applicant, which contained sufficient prima facie evidence to support the applicant's claim that it was a new exporting producer and fulfilled the criteria for an exemption. In light of its findings during the review investigation, the Commission concluded that Jinko Solar Technology SDN.BHD fulfils the relevant criteria and should be exempted from the extended measures. As such, the company Jinko Solar Technology SDN.BHD should be added to the list of companies that are exempted from the countervailing duty and anti-dumping duty imposed by Implementing Regulation 2016/184 and Implementing Regulation 2016/185, respectively.

Dates: The new Regulation entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615108010, 7616991091, 7616999001 and 7616999091).

Countries/Economies: The Chinese mainland.

Action: On 9 November 2017, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain aluminium radiators. Following the publication of a notice of impending expiry of the anti-dumping measures in force, the European Commission received a request for a review. The request was lodged on 30 June 2017 by the International Association of Aluminium Radiator Manufacturers Limited Liability Consortium (AIRAL S.c.r.l.) (‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of certain aluminium radiators. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 1039/2012. The information available to the Commission contains a comparison of the normal value with the export price (at ex-works level) of the product under review when sold for export to the Union. On this basis the dumping margin calculated is said to be significant for mainland China. The Commission envisages the use of sampling; for full details please see the notice.

Dates: Subject to the provisions of the notice, all interested parties have been invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice in the Official Journal. All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. The investigation will be concluded within 15 months of the date of the publication of the notice.

 

Commodity: Open mesh fabrics of glass fibres, of a cell size of more than 1.8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019510019 and 7019590019).

Countries/Economies: The Chinese mainland, India, Indonesia, Malaysia, Taiwan and Thailand.

Action: On 7 November 2017, the Official Journal published Commission Implementing Regulation 2017/1993 imposing a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the Chinese mainland, as extended to imports of certain open mesh fabrics of glass fibres consigned from India, Indonesia, Malaysia, Taiwan and Thailand, whether declared as originating in these countries or not, following an expiry review. Following the publication of a notice of impending expiry of the anti-dumping measures in force, the Commission received a request for the initiation of an expiry review. The request was lodged by the Alliance for the Defence of Open Mesh Fabrics (‘ADOMF’ or ‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of certain open mesh fabrics of glass fibres. Based on its review investigation, the Commission concluded that in view of significant spare capacity in mainland China and the attractiveness of the Union market there was a likelihood of recurrence of dumping should the current measures be allowed to lapse. As regards injury, during the period considered, all injury indicators, except sales prices, showed that the Union industry was in a good situation with all financial indicators being positive. Concerning sales prices, the Commission observed that their decrease to a large extent reflected a similar decrease in the costs of production. The investigation confirmed that the measures imposed by the original investigation as well as the anti-circumvention measures that followed had benefited the Union industry, which regained and increased its market share, carried out restructuring activities, made major investments, decreased costs of production and increased profitability. Thus, the Commission concluded that the Union industry did not suffer material injury. The Commission also concluded that the repeal of the anti-dumping measures would likely result in a recurrence of injury.

Rates: For the Chinese mainland, the rate of the definitive anti-dumping duty is set at between 48.4% and 62.9% for named companies, and is 62.9% for all other companies. The definitive anti-dumping duty applicable to imports originating in the Chinese mainland is furthermore extended to imports of the same open mesh fabrics consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (TARIC codes 7019510014, 7019510015, 7019590014 and 7019590015) with the exception of those produced by Montex Glass Fibre Industries Pvt. Ltd (TARIC additional code B942) and by Pyrotek India Pvt. Ltd (TARIC additional code C051), to imports of the same open mesh fabrics consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7019510011 and 7019590011) and to imports of the same open mesh fabrics consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not (TARIC codes 7019510012, 7019510013, 7019590012 and 7019590013).

Dates: Commission Implementing Regulation 2017/1993 entered into force on the day following that of its publication in the Official Journal.

 

Commodity Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes: 8501310082, 8501310083, 8501320042, 8501320043, 8501330062, 8501330063, 8501340042, 8501340043, 8501612042, 8501612043, 8501618042, 8501618043, 8501620062, 8501620063, 8501630042, 8501630043, 8501640042, 8501640043, 8541409022, 8541409023, 8541409032, 8541409033), produced by Longi (Kuching) SDN.BHD (TARIC additional code C309).

Countries/Economies: The Chinese mainland, Malaysia and Taiwan.

Action: On 7 November 2017, the Official Journal published Commission Implementing Regulation 2017/1994 initiating a review of Implementing Regulations 2016/184 and 2016/185 extending the definitive countervailing and anti-dumping duty on imports of the products concerned. The review is initiated for the purposes of determining the possibility of granting an exemption from the applicable measures to one Malaysian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration. The European Commission received a request for an exemption from the anti-dumping and countervailing measures. The request was lodged on 23 May 2017 by Longi (Kuching) SDN.BHD (‘the applicant’), an exporting producer of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels in Malaysia. The applicant has alleged that it did not export the product under review to the Union during the investigation period used in the investigation that led to the extended measures. In addition, the applicant alleged that it has not circumvented the existing measures. The applicant further claimed that after the investigation period used in the investigation that led to the extended measures it has entered into an irrevocable contractual obligation to export a significant quantity to the Union. The Commission examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation. The anti-dumping duty imposed by Implementing Regulation 2016/185 is repealed with regard to the imports concerned. The Customs authorities are ordered to take the appropriate steps to register the imports into the Union.

Dates: Registration will expire nine months following the date of entry into force of Commission Implementing Regulation 2017/1994. The Regulation entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, and produced by the exporting producers listed in Annex II to Commission Implementing Regulation 2017/1982 and falling within CN codes: 6403 20 00, ex 6403 30 00 (36), ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98 and ex 6405 10 00. For the definitions that apply to the various types of footwear, please see Article 1(2) of Commission Implementing Regulation 2017/1982.

Action: On 1 November 2017, the Official Journal published Commission Implementing Regulation 2017/1982 re-imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain footwear with uppers of leather originating in the Chinese mainland and Vietnam, and produced by Dongguan Luzhou Shoes Co. Ltd, Dongguan Shingtak Shoes Co. Ltd, Guangzhou Dragon Shoes Co. Ltd, Guangzhou Evervan Footwear Co. Ltd, Guangzhou Guangda Shoes Co. Ltd, Long Son Joint Stock Company and Zhaoqing Li Da Shoes Co., Ltd, implementing the judgment of the Court of Justice in Joined Cases C-659/13 and C-34/14. By Regulation 1472/2006 the Council imposed definitive anti-dumping duties ranging from 9.7 % to 16.5 % on imports of certain footwear with uppers of leather (‘the contested Regulation’).The Commission has the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the parts of the assessment which are not affected by the judgment. New Commission Implementing Regulation 2017/1982 seeks to correct the aspects of the contested Regulation found to be inconsistent with the basic Anti-Dumping Regulation, and which thus led to the declaration of invalidity in so far as the exporting producers mentioned in recital (26) of the new Regulation are concerned.

Rates: The rate of the definitive anti-dumping duty and manufactured by the exporting producers listed in Annex II to the new Regulation is 16.5% for the Chinese exporting producers concerned and 10% for the Vietnamese exporting producer concerned. The amounts secured by way of the provisional anti-dumping duty pursuant to 553/2006 shall be definitively collected. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

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