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Anti-dumping Actions

Commodities: 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), 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 8501310081, 8501310089, 8501320041, 8501320049, 8501330061, 8501330069, 8501340041, 8501340049, 8501612041, 8501612049, 8501618041, 8501618049, 8501620061, 8501620069, 8501630041, 8501630049, 8501640041, 8501640049, 8541409021, 8541409029, 8541409031 and 8541409039). For a detailed description please see Commission Implementing Regulation 2017/366.

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

Action: On 3 March 2017, the Official Journal published Commission Implementing Regulation 2017/366 imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland following an expiry review and terminating the partial interim review investigation. Pursuant to the initiation of an expiry review, on the issue of the likelihood of continuation of subsidies if measures lapsed, the Commission requested the Government of mainland China (GOC) to indicate any (intended) amendments to the GOC's plans and policies that could affect the Commission's subsidy findings. The GOC pointed towards the new 13th Five-year plan, which came into effect in March 2016 and will remain so up to 2020. This strategic plan replaces the 12th Five-year plan in which the supporting policies for the PV industry were prominently featured. The Commission analysed the 13th Five-year plan and found that it also emphasises State support for technological breakthroughs on energy-related products and services, including for the new generation photovoltaic cells. While along with the 12th Five-year plan, the GOC also issued a specific plan for the solar PV industry, no similar specific plan for the PV industry was identified in parallel to the new 13th Five-year plan. The GOC claimed that it did not intend to issue a specific plan for the solar PV industry. Nevertheless, the explicit emphasis on new generation PV cells is a clear indication that support to the PV industry will continue also in the years to come. Furthermore, the legal basis underlying PV policy support, such as the Law on Scientific and Technological Progress, remains in force. At no point during the investigation did the GOC indicate that such laws will be repealed. In view of the Commission’s findings as set out in Regulation 2017/366, the Commission has concluded that subsidisation during the review investigation period has continued and there is a strong likelihood of a continuation of subsidisation to the PV industry, if the measures in force were allowed to lapse. On the likelihood of continuation of injury, the Commission concluded that there is significant spare capacity in the Chinese mainland for both modules and cells. The Union market remains attractive in terms of size and sales price, particularly in comparison with exports to third countries, further proven by the records of past circumvention practices. Consequently, the Commission found that there is a strong likelihood that the repeal of the countervailing measures would lead to the massive influx of subsidised imports, given the continuation and the likelihood of recurrence of subsidisation found. This would result in the continuation of injury to the Union industry.

Rates: The rate of the definitive countervailing duty ranges from 0 to 11.5% for a number of named companies, and is 11.5% for “all other companies”. Article 4 of Regulation 2017/366 extends the rate for “all other companies” to imports from Malaysia and Taiwan, although a number of companies listed in said Article 4 are exempted.
Dates: Regulation 2017/366 entered into force on the day following that of its publication in the Official Journal. It will be in force for a period of 18 months.

 

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), 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 8501310081, 8501310089, 8501320041, 8501320049, 8501330061, 8501330069, 8501340041, 8501340049, 8501612041, 8501612049, 8501618041, 8501618049, 8501620061, 8501620069, 8501630041, 8501630049, 8501640041, 8501640049, 8541409021, 8541409029, 8541409031 and 8541409039). For a detailed description please see Commission Implementing Regulation 2017/367

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

Action: On 3 March 2017, the Official Journal published Commission Implementing Regulation 2017/367 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland following an expiry review and terminating the partial interim review. Following the publication of a notice of impending expiry of the original measures, on 4 September 2015 the Commission received a request for the initiation of an expiry review. The request was lodged by EU ProSun. On the likelihood of continuation of dumping, the Commission concluded that, in light of the estimated significant spare capacity in the Chinese mainland, combined with the attractiveness of the Union market in terms of size and sales price, in particular with regard to the price level of exports to third countries, and the records of past circumvention practices, there is a strong likelihood that the repeal of the anti-dumping measures would result in a significant increase of dumped imports. The Commission also found that there is a strong likelihood that the repeal of the anti-dumping measures would lead to the continuation of dumping resulting in the continuation of injury to the Union industry.

Rates: The rate of the definitive anti-dumping duty is set at between 27.3% and 64.9% for a number of named companies, and is 53.4% for “all other companies”. Article 4 of Regulation 2017/367 extends the rate for “all other companies” to imports from Malaysia and Taiwan, although a number of companies listed in said Article 4 are exempted.
Dates: Regulation 2017/367 entered into force on the day following that of its publication in the Official Journal. It will be in force for a period of 18 months.

 

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) (‘the product under review’), 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 detailed description please see point 1 of the notice of initiation.

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

Action: On 3 March 2017, the Official Journal published a notice of initiation of a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland. Regarding grounds for the review, the notice states that there is prima facie evidence that the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature. This evidence is related to the technological development and efficiency gains by the industry and to the question as to how the current form of the measures, namely a price undertaking based on a minimum import price (MIP) that is subject to a periodic adaptation mechanism, sufficiently takes into consideration the impact of these aspects on the import prices of the product under review into the Union. In addition, the fact that a large number of exporting producers were withdrawn from the undertaking (either voluntarily or due to breaches or impracticability) since it entered into force raises the question whether the undertaking can still be considered as an appropriate form for the measures. Indeed, the experience on the implementation of the undertaking with an MIP that was set under economic circumstances which have evolved in the past three years points to the need to reconsider the form of the measures. Therefore, it appears appropriate to examine whether the form of the measures remains the most appropriate. The prima facie evidence suggests that both the anti-dumping and countervailing measures may reflect the changed circumstances more appropriately by taking the form of a variable duty, based on an MIP for all imports of the product under review. This means that all imports with a declared value at or above the MIP would no longer be subject to duties. Such a variable MIP would be regularly adjusted to reflect further technological development and efficiency gains in the solar sector.

Dates: In order to obtain the information it deems necessary for its investigation, the Commission may send questionnaires to interested parties that come forward and make themselves known to the Commission within 15 days of the publication of the notice. The replies to these questionnaires must reach the Commission within the specific deadlines set by the Commission in its communication with the parties. 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 conducted pursuant to Article 11(5) of the basic anti-dumping Regulation and Article 22(1) of the basic anti-subsidy Regulation. The Commission endeavours to conclude it within 6 months and not later than 9 months of the date of the publication of the Notice.

 

Commodity: Flat products of non-alloy or alloy steel (excluding stainless steel, silicon-electrical steel, tool steel and high-speed steel), hot-rolled, not clad, plated or coated, not in coils, of a thickness exceeding 10 mm and of a width of 600 mm or more or of a thickness of 4.75 mm or more but not exceeding 10 mm and of a width of 2,050 mm or more currently falling within CN codes ex 7208 51 20, ex 7208 51 91, ex 7208 51 98, ex 7208 52 91, ex 7208 90 20, ex 7208 90 80, 7225 40 40, ex 7225 40 60 and ex 7225 99 00 (TARIC codes: 7208512010, 7208519110, 7208519810, 7208529110, 7208902010, 7208908020, 7225406010, 7225990035, 7225990040)

Countries/Economies: The Chinese mainland.

Action: On 28 February 2017, the Official Journal published Commission Implementing Regulation 2017/336 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain heavy plate of non-alloy or other alloy steel (‘heavy plate’) originating in the Chinese mainland. It will be recalled that the Commission initiated the investigation on 13 February 2016 by publishing a notice of Initiation in the Official Journal following a complaint lodged on 4 January 2016 by the European Steel Association (‘Eurofer’) on behalf of producers said to be representing more than 25% of the total Union production of heavy plate. On 7 October 2016, the European Commission imposed a provisional anti-dumping duty on imports, by means of Commission Implementing Regulation 2016/1777 (the ‘provisional Regulation’). The Commission had made imports of heavy plate originating in the Chinese mainland subject to registration as of 11 August 2016 by Commission Implementing Regulation 2016/1357 (‘the registration Regulation’). The registration of imports ceased with the imposition of provisional measures on 8 October 2016. Imports that were made between 11 August 2016 and the imposition of provisional measures, namely 7 October 2016, were registered. The Commission concluded that as there was no further substantial rise in imports, the legal condition for the retroactive collection of duties has not been met. Therefore duties should not be levied retroactively on the registered imports. As regards product scope, the Commission rejected the argument that ‘special heavy plate’ has a different end-use and is not interchangeable with the other products subject to the investigation, and concluded that none of the arguments raised had shown that ‘special heavy plate’ should be excluded from the product scope of the investigation. The provisional dumping margins set out in Table 2 of the provisional Regulation have been confirmed, and the conclusions on injury set out in recitals 139 to 147 of the provisional Regulation have also been confirmed.

Rates: The rates of the definitive anti-dumping duty are set as follows:  between 65.1% and 73.7% for named companies, and 73.7% for “all other companies”.

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

 

Commodity: High tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex, falling within CN code 5402 20 00.

Countries/Economies: The Chinese mainland.

Action: On 25 February 2017, the Official Journal published Commission Implementing Regulation 2017/32 imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the Chinese mainland, following an expiry review. It will be recalled that, by Regulation 1105/2010, the Council imposed a definitive anti-dumping duty on imports of the product concerned. The measures imposed took the form of an ad valorem duty with a residual rate set of 9.8% while the companies on which anti-dumping duties were imposed received an individual duty rate ranging from 5.1% to 9.8%. Two companies were found not to be dumping in the original investigation. Pursuant to a notice of the impending expiry of the measures, a request for an expiry review was lodged on 31 August 2015 by CIRFS (‘The European Manmade Fibres Association’ or ‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of high tenacity yarns of polyester. No Chinese exporting producer is reported to have cooperated with the investigation. In the absence of cooperation from exporting producers, the overall analysis, including the dumping calculation, was based on facts available pursuant to Article 18 of the basic anti-dumping Regulation. Therefore, the likelihood of a continuation or recurrence of dumping was assessed by using the expiry review request, combined with other sources of information, such as trade statistics on imports and exports (Eurostat and Chinese export data), the reply from the analogue country producer and other information publicly available. For the expiry review, the Commission concluded that the USA would be the appropriate analogue country for the determination of the normal value. The investigation, relying on the best facts available, showed that Chinese producers have been dumping during the review investigation period. It was established by the Commission that mainland China disposes of enormous spare capacity (when compared with the size of the Union market). Moreover, given the slow growth of the Chinese domestic market, Chinese exporting producers need to keep entering the Union market with significant quantities of the product concerned in order to achieve an acceptable level of sales. Under these circumstances, the Commission concluded that, should the measures be allowed to lapse, it is very likely that the dumping practices, which were not stopped by the measures, would continue in the EU market. It was also concluded, based on a variety of factors, that the Union industry is still suffering from material injury. The Commission also felt that even though other factors might also contribute to the injury, these were not found to be sufficient enough to break the causal link between dumped imports from mainland China and the Union industry's injury.

Rates: The rate of the definitive anti-dumping duty is set as follows: an individual duty rate ranging from 5.1% to 9.8% for a number of named companies, and 9.8% for all other companies, although there is no duty for two named companies.

Dates: Article 2 of Commission Implementing Regulation 2017/32 states that the Regulation shall enter into force on the day following that of its publication in the Official Journal.

 

Commodity: Bicycle parts and accessories falling within CN codes 8714 91 10 to 8714 99 90. For more details on scope, the definitions set out in Article 1 of Regulation 88/97 shall apply.

Countries/Economies: The Chinese mainland.

Action: On 24 February 2017, the Official Journal published Commission Implementing Decision 2017/322 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the Chinese mainland, pursuant to Commission Regulation 88/97. The parties listed in Table 1 of the Decision’s Article 2 are exempted from the extension by Regulation 71/97 of the definitive anti-dumping duty on bicycles imposed by Council Regulation 2474/93 to imports of certain bicycle parts. In accordance with Article 7(2) of Regulation 88/97, their exemptions take effect as from the dates of receipt of these parties' requests. These dates are provided for in Table 1’s column headed ‘Date of effect’. Updated references to the exempted parties listed in Table 2 (under Article 3 of the Decision) are provided for in the column of that table headed ‘New reference’. These updates take effect as from the dates provided for in the column headed ‘Date of effect’. The parties listed in Table 3 (under Article 4 of the Decision) are under examination in accordance with Article 6 of Regulation 88/97. The suspensions of payment of the extended anti-dumping duty in accordance with Article 5 of Regulation 88/97 are effective as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’ of that table.

Dates: The Decision was made in Brussels on 22 February 2017, and is addressed to the Member States and to the parties listed in each of the tables mentioned above.

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