# Commission Decision of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (2013/423/EU)

EU Decision 2013/423 · adopted 2 August 2013

Commission Decision of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (2013/423/EU)

## Introductory text

Commission Decision
of 2 August 2013
accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China
(2013/423/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,
After consulting the Advisory Committee,
Whereas:
A.
PROCEDURE
(1)
By Regulation (EU) No 513/2013, the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC).
B.
UNDERTAKING
1.
Undertaking offer
(2)
Subsequent to the adoption of the provisional anti-dumping measures, a group of cooperating exporting producers, including their related companies in the PRC and in the European Union, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (hereinafter: ‘CCCME’) offered a joint price undertaking in accordance with Article 8(1) of the basic Regulation. The undertaking offer was also supported by the Chinese authorities.
2.
Evaluation of undertaking offer
(3)
The undertaking offer has been examined against the background of changed market circumstances between the moment of the submission of the undertaking offer and the investigation period in the investigation that led to the imposition of provisional measures. Observed changes relate to a drop of both price levels and consumption on the Union market and are linked to several factors established and analysed in the investigation that led to the imposition of provisional measures.
(4)
Changes in price levels can sometimes be addressed in an undertaking by an indexation method which links minimum import prices to prices of raw materials as quoted in recognized and publicly available sources. However, no correlation between prices of raw materials and those of final products that would allow for a reliable indexation method could be established in the present case. In order to address an established change in price levels, an alternative method had to be established and price reports by representative and publicly available databases (Bloomberg and pvXchange) specialised in the sector concerned have been used as a reference.
(5)
In order to ensure that the undertaking is practicable, the Chinese exporters presented a joint undertaking offer with one minimum import price for photovoltaic modules and one for each of their key components (i.e. cells and wafers).
(6)
Further, in order to reduce the risk of company channelling, and make it feasible and practical to monitor the number of participating exporters, the Chinese exporters offered to ensure that the volume of imports made under the undertaking would be at annual levels corresponding roughly to their current market performance.
(7)
The exporters have offered a price undertaking. In order to assess whether that price undertaking removes the injurious effect of dumping, the Commission has analysed, inter alia, the current export prices and the level of provisional duty. On that basis, it was concluded that the price undertaking removes the injurious effect of dumping.
(8)
The elimination of the injurious effect of dumping is therefore achieved by a price undertaking covering imports within an associated annual level and in addition an ad valorem provisional duty levied on imports above the annual level as referred to in recital 6 above.
(9)
The CCCME will also provide the Commission with regular and detailed information concerning the sales to the Union of the companies presenting the joint undertaking offer, allowing for the undertaking to be monitored effectively by the Commission. With a view to CCCME’s active role, the support given by the Chinese authorities and the safety net in the form of annual level referred to in recital 6, the Commission considers the risk of circumvention limited and outweighed by considerations linked to the need to ensure security of supplies on the Union market.
C.
COMMENT OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING
1.
Comments of parties
(10)
The undertaking offer has been made available to interested parties. No comments against its acceptance have been received so far.
(11)
In the view of the above, the undertaking offered by the exporting producers is acceptable. The companies concerned and the CCCME have been informed of the essential facts, considerations and obligations upon which the acceptance is based.
(12)
Further, to enable the Commission to monitor effectively compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on:
(a) the presentation of a commercial invoice by the company listed in the Annex to this Decision and a certificate issued by the CCCME containing at least the elements listed in Annex II and Annex III of Regulation (EU) No 513/2013 respectively;
(b) the fact that the imported goods are manufactured, shipped and invoiced directly by the companies listed in the Annex to this Decision either to their related companies in the Union acting as an importer and clearing the goods for free circulation in the Union as mentioned in the Annex to this Decision or to the first independent customer acting as an importer and clearing the goods for free circulation in the Union;
(c) the fact that the goods declared and presented to customs correspond precisely to the description of the commercial invoice.
(13)
Where no such invoice and certificate are presented or when they do not correspond to the product presented to customs or a commercial invoice containing at least the elements of Annex IV of Regulation (EU) No 513/2013 is presented, the appropriate rate of anti-dumping duty shall instead be payable.
(14)
Whenever, pursuant to Article 8(9) of the basic Regulation, the Commission withdraws its acceptance of an undertaking following a breach by referring to particular transactions and declares the relevant undertaking invoices to be invalid, a customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation.
(15)
Importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals 11 and 12 even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission.
(16)
Pursuant to Article 14(7) of the basic Regulation, customs authorities should inform the Commission immediately whenever indications of a violation of the undertaking are found.
(17)
In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the provisional anti-dumping duty imposed in accordance with Article 7 of the basic Regulation shall automatically apply by means of Article 8(9) of the basic Regulation.
HAS ADOPTED THIS DECISION:

## 1 

The undertaking offered by the exporting producers listed in the Annex of this Decision together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME), in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, is hereby accepted.

## 2 

This Decision shall enter into force on 6 August 2013.

## Signature

Done at Brussels, 2 August 2013.
For the Commission
The President
José Manuel Barroso

## 

List of companies:
Name of the company
Taric additional code
Jiangsu Aide Solar Energy Technology Co. Ltd
B798
Anji DaSol Solar Energy Science & Technology Co. Ltd
B802
Anhui Schutten Solar Energy Co. Ltd
Quanjiao Jingkun Trade Co. Ltd
B801
Xi’an SunOasis (Prime) Company Limited
TBEA SOLAR CO. LTD
XINJIANG SANG’O SOLAR EQUIPMENT
B804
CSI Solar Power (China) Inc.
Canadian Solar Manufacturing (Changshu) Inc.
Canadian Solar Manufacturing (Luoyang) Inc.
CSI Cells Co. Ltd
B805
Changzhou NESL Solartech Co. Ltd
B806
Changzhou Trina Solar Energy Co. Ltd
Trina Solar (Changzhou) Science & Technology Co. Ltd
Changzhou Youze Technology Co. Ltd
B791
CHINALAND SOLAR ENERGY CO. LTD
B808
ChangZhou EGing Photovoltaic Technology Co. Ltd
B811
CIXI CITY RIXING ELECTRONICS CO. LTD.
ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD.
HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD.
B812
CNPV Dongying Solar Power Co. Ltd
B813
China Sunergy (Nanjing) Co. Ltd
CEEG Nanjing Renewable Energy Co. Ltd
CEEG (Shanghai) Solar Science Technology Co. Ltd
China Sunergy (Yangzhou) Co. Ltd
China Sunergy (Shanghai) Co. Ltd
B809
Chint Solar (Zhejiang) Co. Ltd
B810
Delsolar (Wujiang) Ltd
B792
Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd
B816
Era Solar Co. Ltd
B818
ET Solar Industry Limited
ET Energy Co. Ltd
B819
GD Solar Co. Ltd
B820
Konca Solar Cell Co. Ltd
Suzhou GCL Photovoltaic Technology Co. Ltd
Jiangsu GCL Silicon Material Technology Development Co. Ltd
Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
GCL-Poly (Suzhou) Energy Limited
GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
GCL SOLAR POWER (SUZHOU) LIMITED
GCL Solar System (Suzhou) Limited
B850
Guodian Jintech Solar Energy Co. Ltd
B822
Hangzhou Bluesun Solar Energy Technology Co. Ltd
B824
Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd
Zhejiang Jinbest Energy Science and Technology Co. Ltd
B825
Hanwha SolarOne (Qidong) Co. Ltd
B826
Hengdian Group DMEGC Magnetics Co. Ltd
B827
HENGJI PV-TECH ENERGY CO. LTD.
B828
Jiangsu Green Power PV Co. Ltd
B831
Jiangsu Hosun Solar Power Co. Ltd
B832
Jiangsu Jiasheng Photovoltaic Technology Co. Ltd
B833
Jiangsu Runda PV Co. Ltd
B834
Jiangsu Sainty Photovoltaic Systems Co. Ltd
B835
Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd
B835
Jiangsu Seraphim Solar System Co. Ltd
B836
Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
Changzhou Shunfeng Photovoltaic Materials Co. Ltd
Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd
B837
Jiangsu Sinski PV Co. Ltd
B838
Jiangsu Sunlink PV Technology Co. Ltd
B839
Jiangsu Zhongchao Solar Technology Co. Ltd
B840
Jiangxi LDK Solar Hi-Tech Co. Ltd
LDK Solar Hi-Tech (Nanchang) Co. Ltd
LDK Solar Hi-Tech (Suzhou) Co. Ltd
B793
Jiangyin Hareon Power Co. Ltd
Hareon Solar Technology Co. Ltd
Taicang Hareon Solar Energy Co. Ltd
B842
Jiangyin Shine Science and Technology Co. Ltd
B843
JingAo Solar Co. Ltd
Shanghai JA Solar Technology Co. Ltd
JA Solar Technology Yangzhou Co. Ltd
Hefei JA Solar Technology Co. Ltd
Shanghai JA Solar PV Technology Co. Ltd
B794
Jinko Solar Co. Ltd
Jinko Solar Import and Export Co. Ltd
ZHEJIANG JINKO SOLAR CO. LTD
ZHEJIANG JINKO SOLAR TRADING CO. LTD
B845
Jinzhou Yangguang Energy Co. Ltd
Jinzhou Huachang Photovoltaic Technology Co. Ltd
Jinzhou Jinmao Photovoltaic Technology Co. Ltd
Jinzhou Rixin Silicon Materials Co. Ltd
Jinzhou Youhua Silicon Materials Co. Ltd
B795
Juli New Energy Co. Ltd
B846
Jumao Photonic (Xiamen) Co. Ltd
B847
Kinve Solar Power Co.Ltd (Maanshan)
B849
Lightway Green New Energy Co. Ltd
Lightway Green New Energy(Zhuozhou) Co. Ltd
B851
MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD
B852
NICE SUN PV CO. LTD
LEVO SOLAR TECHNOLOGY CO. LTD
B854
Ningbo Huashun Solar Energy Technology Co. Ltd
B856
Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd
B857
Ningbo Komaes Solar Technology Co. Ltd
B858
Ningbo Osda Solar Co. Ltd
B859
Ningbo Qixin Solar Electrical Appliance Co. Ltd
B860
Ningbo Sunbe Electric Ind Co. Ltd
B862
Ningbo Ulica Solar Science & Technology Co. Ltd
B863
Perlight Solar Co. Ltd
B865
Phono Solar Technology Co. Ltd
Sumec Hardware & Tools Co. Ltd
B866
RISEN ENERGY CO. LTD
B868
SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD
B869
SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
B870
SHANGHAI ALEX NEW ENERGY CO. LTD
B870
Shanghai BYD Co. Ltd
BYD(Shangluo)Industrial Co.Ltd
B871
Shanghai Chaori Solar Energy Science & Technology Co. Ltd
Shanghai Chaori International Trading Co. Ltd
B872
SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD
B874
SHANGHAI SOLAR ENERGY S&T CO. LTD
Shanghai Shenzhou New Energy Development Co. Ltd
Lianyungang Shenzhou New Energy Co. Ltd
B875
Shenzhen Sacred Industry Co.Ltd
B878
Shenzhen Topray Solar Co. Ltd
Shanxi Topray Solar Co. Ltd
Leshan Topray Cell Co. Ltd
B880
Sopray Energy Co. Ltd
Shanghai Sopray New Energy Co. Ltd
B881
SUN EARTH SOLAR POWER CO. LTD.
NINGBO SUN EARTH SOLAR POWER CO. LTD.
Ningbo Sun Earth Solar Energy Co. Ltd
B882
SUZHOU SHENGLONG PV-TECH CO. LTD
B883
Wenzhou Jingri Electrical and Mechanical Co. Ltd
B886
Wuhu Zhongfu PV Co. Ltd
B889
Wuxi Saijing Solar Co. Ltd
B890
Wuxi Shangpin Solar Energy Science and Technology Co. Ltd
B891
Wuxi Solar Innova PV Co. Ltd
B892
Wuxi Suntech Power Co. Ltd
Suntech Power Co. Ltd
Wuxi Sunshine Power Co. Ltd
Luoyang Suntech Power Co. Ltd
Zhenjiang Rietech New Energy Science Technology Co. Ltd
Zhenjiang Ren De New Energy Science Technology Co. Ltd
B796
Wuxi Taichang Electronic Co. Ltd
Wuxi Machinery & Equipment Import & Export Co. Ltd
Wuxi Taichen Machinery & Equipment Co. Ltd
B893
Xi’an Huanghe Photovoltaic Technology Co. Ltd
State-run Huanghe Machine-Building Factory Import and Export Corporation
B896
Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd
B896
Xi’an LONGi Silicon Materials Corp.
Wuxi LONGi Silicon Materials Co. Ltd
B897
Years Solar Co. Ltd
B898
Yingli Energy (China) Co. Ltd
Baoding Tianwei Yingli New Energy Resources Co. Ltd
Hainan Yingli New Energy Resources Co. Ltd
Hengshui Yingli New Energy Resources Co. Ltd
Tianjin Yingli New Energy Resources Co. Ltd
Lixian Yingli New Energy Resources Co. Ltd
Baoding Jiasheng Photovoltaic Technology Co. Ltd
Beijing Tianneng Yingli New Energy Resources Co. Ltd
Yingli Energy (Beijing) Co. Ltd
B797
Yuhuan BLD Solar Technology Co. Ltd
Zhejiang BLD Solar Technology Co. Ltd
B899
Yuhuan Sinosola Science & Technology Co. Ltd
B900
Zhangjiagang City SEG PV Co. Ltd
B902
Zhejiang Fengsheng Electrical Co. Ltd
B903
Zhejiang Global Photovoltaic Technology Co. Ltd
B904
Zhejiang Jiutai New Energy Co. Ltd
Zhejiang Topoint Photovoltaic Co. Ltd
B906
Zhejiang Kingdom Solar Energy Technic Co. Ltd
B907
Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd
B911
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
Zhejiang Yauchong Light Energy Science & Technology Co. Ltd
B914
Zhejiang Trunsun Solar Co. Ltd
Zhejiang Beyondsun PV Co. Ltd
B917
Zhejiang Xiongtai Photovoltaic Technology Co. Ltd
B919
ZHEJIANG YUANZHONG SOLAR CO. LTD
B920
RENESOLA ZHEJIANG LTD
RENESOLA JIANGSU LTD
B921
Zhongli Talesun Solar Co. Ltd
B922
ZNSHINE PV-TECH CO. LTD
B923

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Source: https://www.legislation.gov.uk/eudn/2013/423 (the official version)
Page: https://openlegislation.uk/eu-decision-2013-423
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.