Fabian Demicoli

EU imposes definitive measures on Chinese solar panels:


Confirms undertaking with Chinese solar panel exporters – The European
Council has this week backed the Commission's proposals to impose definitive
anti-dumping and anti-subsidy measures on imports of solar panels from China.
In parallel, the Commission confirmed its Decision accepting the undertaking
with Chinese solar panel exporters applied since the beginning of August.

The
Council confirmed the level of the duty for those Chinese exporters of solar
panels who cooperated with the investigations. The duties stay unchanged at an
average of 47.7% and will apply for two years as of 6 December 2013.    

The imposition of definitive measures needs to be seen in the context of
the amicable solution reached with China which resulted in the undertaking.
This undertaking, applied as part of the anti-dumping proceedings, is now
confirmed and has been extended to the anti-subsidy proceeding. Hence, the
final anti-dumping and anti-subsidy duty rates will apply only to those exports
from China which do not meet the conditions set out in the undertaking. Those
Chinese exporters that participate in the undertaking are exempt from paying
the anti-dumping and anti-subsidy duties.

 

Background

The
decisions came after a fifteen-month investigation for the anti-dumping case
and thirteen month investigation for the anti-subsidy case, launched in
September 2012 and November 2012 respectively. During these investigations the
Commission found that Chinese companies were selling solar panels in Europe at
far below their normal market prices and were receiving illegal subsidies,
causing significant harm to EU solar panel producers.

 

On the investigations

Following
complaints lodged by the industry, the European Commission conducted two
parallel investigations concerning imports of solar panels from China, an
anti-dumping investigation and an anti-subsidy investigation.

On 5
June 2013, the Commission imposed provisional measures in the anti-dumping
case, averaging 47.7%. On 2 August 2013 the Commission accepted an undertaking
offered by the majority of Chinese solar panel exporters.

The
Commission reached its definitive conclusions on the solar panels anti-dumping
and anti-subsidy investigations and, after consulting Member States, made a
proposal to the Council to impose definitive anti-dumping and anti-subsidy
measures for a period of two years.

In
parallel, the decision accepting the undertaking has been confirmed and
updated, among other things to include the anti-subsidy case in the undertaking
and to extend it to some additional companies. Roughly 75% of Chinese solar
panel exports to the EU are now covered by the undertaking and are hence not
subject to any anti-dumping or anti-subsidy duties.

The
Commission took the final decision on the undertaking with a view to it
entering into force on the same day as the anti-dumping and anti-subsidy
measures, on 6 December.

 

On the decision

According
to this decision, the following duty rates apply to Chinese solar panel
exporters that do not participate in the price undertaking:

–   The average duty for exporters that cooperated in the investigation
is 47.7%, which is the duty rate applicable to the majority of exporters.

–   A duty of 64.9% will be applied to those exporters who did not
cooperate in the European Commission's investigation, which are estimated to
account for less than 20% of exports.

–   The duties are composed of an anti-dumping and an anti-subsidy duty
of the following rates:

 

Definitive
anti-dumping duties will range from 27.3% to 64.9% for cooperating parties in
the investigation, with a residual anti-dumping duty of 53.4% for
non-cooperating companies in the investigation.

Definitive
anti-subsidy duties will range from 0% (Delsolar) and 3.5% to 11.5% for
cooperating companies in the investigation, with a residual anti-subsidy duty
of 11.5% for non-cooperating companies in the investigation.

The
duties, combined with the undertaking, are expected to stop the downward spiral
of prices on solar panels. Green sustainable development is only possible with
sustainable industries. In this respect, stabilized prices are important not
only for current production, but future investment decisions too. More
information:

http://europa.eu/rapid/press-release_IP-13-1190_en.htm

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