# Commission Implementing Decision (EU) 2016/1060 of 29 June 2016 amending Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures, Introduction: Introductory text

Extent: E+W+S+N.I.

Commission Implementing Decision (EU) 2016/1060
of 29 June 2016
amending Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures
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, and in particular Articles 8 and 9,
Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community, and in particular Articles 13 and 15,
Whereas:
(1)
By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive 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’).
(2)
By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the PRC.
(3)
By Implementing Decision 2013/707/EU, the Commission accepted the undertaking offered in the framework of an anti-dumping and an anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China.
(4)
Shanghai Chaori International Trading Co. Ltd (‘company concerned’), TARIC additional code B872, whose undertaking was accepted by Implementing Decision 2013/707/EU, notified the Commission of its change of name to GCL System Integration Technology Co., Ltd.
(5)
In 2014, the company concerned was declared bankrupt. In February 2015, the company concerned was acquired by Jiangsu GCL Energy Co., Ltd which is part of a group of companies with the TARIC additional code B850.
(6)
The company concerned argued that its change of name does not affect its right to continue to benefit from the individual duty rates applied to it.
(7)
However, as a consequence of the acquisition, the company concerned not only changed the name to GCL System Integration Technology Co., Ltd, but also became part of the group of the companies with the TARIC additional code B850.
(8)
Both the company concerned and the group of the companies mentioned in recital 7 are subject to the undertaking. Therefore, the Commission concluded that the change of name in no way affects the findings of Implementing Decision 2013/707/EU.
(9)
The Commission informed all interested parties of the essential facts and considerations on the basis of which it intended to amend Implementing Regulations (EU) No 1238/2013 and (EU) No 1239/2013. Those parties were granted a period within which they could make comments on the disclosure. No party submitted comments.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,
HAS ADOPTED THIS DECISION:

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Source: https://www.legislation.gov.uk/eudn/2016/1060/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2016-1060/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.