INVESTIGATION PROGRESS

Date Status
03 Sep 2018 Termination
04 Mar 2017 Renewal
05 Dec 2015 Review
01 Mar 2013 Definitive duty
08 Nov 2012 Initiation

IMPLEMENTATION LEVEL

Supranational

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 06 Dec 2013 | Removal date: 03 Sep 2018
Still in force

Anti-subsidy

On November 8th, 2012, the European Commission announced the initiation of an anti-subsidy investigation on imports of crystalline silicon photovoltaic modules or panels and cells and wafers (of the type used in crystalline silicon photovoltaic modules or panels), from China (Notice No 2012/C 340/06, 08.11.2012).
The complaint was lodged on September 26th, 2012 by EU ProSun, on behalf of producers representing more than 25% of the total EU production of the product under scrutiny.
The products subject to investigation are classified under the following HS codes: ex 3818.0010, ex 8501.3100, ex 8501.3200, ex 8501.3300, ex 8501.3400, ex 8501.6120, ex 8501.6180, ex 8501.6200, ex 8501.6300, ex 8501.6400 and ex 8541.4090.
An anti-dumping investigation was already initiated on September 6th, 2012 (see related state act).
On March 1st, 2013, the European Commission made imports of crystalline silicon photovoltaic modules and key components originating in China subject to registration (Commission Regulation (EU) No. 182/2013, 01.03.2013).
On December 2nd, 2013, the European authorities decided to impose a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components from China (Council Implementing Regulation (EU) No. 1239/2013, 02.12.2013).
The rate of the duty ranges from 3.5% to 11.5% of the net free-at-Union-frontier price, depending on the company (at the exception of the company Delsolar (Wujiang) Ltd which is not subject to this measure).
This definitive duty entered into force on the day following the publication of the resolution in the Official Journal of the European Union, i.e. on December 6th, 2013, and shall expire on December 7th, 2015.
On December 4th, 2013, the European Commission accepted an undertaking offered by certain exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (Commission Implementing Decision No 2013/707/EU, 04.12.2013).
On September 10th, 2014, the European Commission accepted a proposal made by certain exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products s for clarifications concerning the implementation of the undertaking referred to in the above-mentioned Implementing Decision No 2013/707/EU (Commission Implementing Decision No 2014/657/EU, 10.09.2014).
On May 5th, 2015, the European Commission announced the initiation of a partial interim review of the countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components from China (Notice No 2015/C 147/03).
This follows the application lodged by EU Pro Sun, an association of EU producers of crystalline silicon photovoltaic modules and key components. The review is limited in scope to the benchmark used as reference for the price adaptation mechanism set out in the undertaking in force.
Notice No 2015/C 147/03 was published in the Official Journal of the European Union (C 147) on May 5th, 2015.
On June 4th, 2015, the European Commission decided upon the withdrawal of the acceptance of the price undertaking concluded by Commission Implementing Decision No 2013/707/EU (dated December 4th, 2013) for the following exporting companies: Canadian Solar, ET Solar and ReneSola (Commission Implementing Regulation (EU) No 2015/866, 04.06.2015). Hence, those companies are now subject to the countervailing duty imposed by Council Implementing Regulation (EU) No. 1239/2013 dated December 2nd, 2013 (see above). For more details, please see the regulation.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 139), i.e. on June 6th, 2015.
On August 18th, 2015, the European Commission decided upon the withdrawal of the acceptance of the price undertaking concluded by Commission Implementing Decision No 2013/707/EU (dated December 4th, 2013) for the company Znshine PV-Tech Co. Ltd. together with its related company in the European Union (Commission Implementing Regulation (EU) No 2015/1403, 18.08.2015). Hence, this company is now subject to the countervailing duty imposed by Council Implementing Regulation (EU) No. 1239/2013 dated December 2nd, 2013 (see above). For more details, please see the regulation.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 218), i.e. on August 20th, 2015.
On November 11th, 2015, the European Commission decided upon the withdrawal of the acceptance of the price undertaking concluded by Commission Implementing Decision No 2013/707/EU (dated December 4th, 2013) for the companies Chint Solar (Zhejiang) Co. Ltd. (together with its related companies in the European Union), Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd. and Zhejiang Jinbest Energy Science and Technology Co. Ltd. (Commission Implementing Regulation (EU) No 2015/2018, 11.11.2015). Hence, those companies are now subject to the countervailing duty imposed by Council Implementing Regulation (EU) No. 1239/2013 dated December 2nd, 2013 (see above). For more details, please see the regulation.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 295), i.e. on November 13th, 2015.
On December 5th, 2015, the European Commission announced the initiation of a sunset review of the countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components originating in China (Notice No 2015/C 405/09).
This sunset review follows the application lodged on September 4th, 2015 by EU ProSun on behalf of producers representing more than 25% of the EU production of the subject goods.
On December 5th, 2015, the European Commission announced the initiation of a partial interim review of the countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components originating in China (Notice No 2015/C 405/10).
The review is limited to the examination of whether or not it is in the Union interest to maintain measures currently in force on cells of the type used in crystalline silicon photovoltaic modules or panels. Indeed, 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. Following a restructuring and consolidation of the Union industry in recent years, a significant number of cell producers have closed production.

On 7 January 2016, the European Commission terminated the above-mentioned partial interim review concluding that the circumstances on the basis of existing measures being imposed have not altered (Notice No. 2016/12).
 
On 4 March 2017, the European Commission extended the definitive countervailing duty on imports of subject good from China following the conclusion of the above sunset review. The rate of duty is between 3.5% and 11.5% of the net free-at-Union-frontier price before duty depending on the company. The duty is in force for a period of 18 months. 

On 3 September 2018, the European Union terminated the definitive duty imposed on imports of the subject good from China. The duty is terminated following its expiry.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

354 Chemical products n.e.c.
3818 Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics.
381800 Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics.
461 Electric motors, generators & transformers; parts
8501 Electric motors and generators (excluding generating sets).
850131 Of an output not exceeding 750 W
850132 Of an output exceeding 750 W but not exceeding 75 kW
850133 Of an output exceeding 75 kW but not exceeding 375 kW
850134 Of an output exceeding 375 kW
850161 Of an output not exceeding 75 kVA
850162 Of an output exceeding 75 kVA but not exceeding 375 kVA
850163 Of an output exceeding 375 kVA but not exceeding 750 kVA
850164 Of an output exceeding 750 kVA
471 Electronic valves & tubes; electronic components; parts
8541 Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light emitting diodes; mounted piezoelectric crystals.
854140 Photosensitive semiconductor devices, including photovoltaic cells whether or not assembled in modules or made up into panels; light emitting diodes

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