INVESTIGATION PROGRESS

Date Status
04 Feb 2014 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
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Inception date: No inception date

Anti-dumping

On May 14, 2014 the Commissioner of the Australian Anti-Dumping Commission initiated an anti-dumping investigation on imports of certain crystalline silicon photovoltaic modules or panels, whether exported assembled or unassembled, and whether or not they have an inverter, capable of producing any power in terms of watt, from China (Anti-dumping Notice No. 2014/38, 14.05.2014).
The products subject to investigation are classified under the following HS codes: 8541.4000, 8501.6100, 8501.6200, 8501.6300 and 8501.6400.
The complaint was lodged on February 4, 2014 by Tindo Manufacturing Pty Ltd.
 
On September 1, 2014, the Australian Anti-Dumping Commission extended the time granted to issue the Statement of Essential Facts (Anti-Dumping Notice No. 2014/77).
 
On October 23, 2014, the Australian Anti-Dumping Commission further extended the time granted to issue the Statement of Essential Facts (Anti-Dumping Notice No. 2014/106).
 
On March 5, 2015, the Australian Anti-Dumping Commission extended again the time granted to issue the Statement of Essential Facts (Anti-Dumping Notice No. 2015/28).
 
On April 7th, 2015, the Australian authorities Anti-Dumping Commission issued the Statement of Essential Facts (SEF Report No. 239). It found that PV modules or panels have been exported from China at dumped prices but that the injury to the Australian industry that has been, or may be, caused by those exports is negligible. Hence, it recommended to terminate the investigation without imposing any anti-dumping measure.
On May 19th, 2015, the Australian Anti-Dumping Commission extended the time granted to issue the Final Report (Anti-Dumping Notice No. 2015/63). Indeed, in response to the above-mentioned Statement of Essential Facts, the Australian industry (Tindo Solar) provided new information alleging that the Government of China has influenced the costs and prices of PV modules or panels in the Chinese domestic market, making domestic selling prices unsuitable for determining normal values.
 
On July 20th, 2015, the Australian Anti-Dumping Commission further extended the time granted to issue the Final Report (Anti-Dumping Notice No. 2015/90, 20.07.2015).
On October 6th, 2015, the Australian Anti-Dumping Commission issued its Final Report and decided upon the termination of the investigation without imposing any anti-dumping measure (Anti-Dumping Notice No. 2015/118, 06.10.2015). Reason for this decision is that, even if dumping occurred, the injury to the Australian industry was negligible.
 
On 8 January 2016, the Australian Anti-Dumping Review Panel decided to revoke the decision to terminate above standing investigation. (Anti-Dumping Notice No. 2016/1, 08.01.2016) The decision followed after Tindo Manufacturing Pty Ltd on 5 November 2015 lodged an application with the Panel. The investigation resumed on the same day.
 
On 17 October 2016,the Commissioner of the Australian Anti-Dumping Commissionannounced thetermination ofthe above resumed investigation without the imposition of duties.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

461 Electric motors, generators & transformers; parts
8501 Electric motors and generators (excluding generating sets).
850161 Of an output not exceeding 75 kVA
850162 Of an output exceeding 75 kVA but not exceeding 375 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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