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Commission Implementing Regulation (EU) 2015/2018 of 11 November 2015 withdrawing the acceptance of the undertaking for two exporting producers under 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
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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),
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(1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,
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(2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
Informing the Member States,
Whereas:
A. UNDERTAKING AND OTHER EXISTING MEASURES
Chint Solar (Zhejiang) Co. Ltd together with its related companies in the European Union, jointly covered by the TARIC additional code: B810 (‘Chint Solar’); and
Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd and Zhejiang Jinbest Energy Science and Technology Co. Ltd, jointly covered by the TARIC additional code: B825 (‘Sunny Energy’).
B. TERMS OF THE UNDERTAKING THAT HAVE BEEN BREACHED
C. TERMS OF THE UNDERTAKING THAT ALLOW FOR WITHDRAWAL BY THE COMMISSION IN THE ABSENCE OF A BREACH
D. MONITORING OF THE EXPORTING PRODUCERS
E. GROUNDS TO WITHDRAW THE ACCEPTANCE OF THE UNDERTAKING
F. ASSESSMENT OF PRACTICABILITY OF THE OVERALL UNDERTAKING
G. WRITTEN SUBMISSIONS AND HEARINGS
the undertaking offer including one of the related companies in the Union referred to in recital 5(a) above was already accepted with the provisional anti-dumping duty(12). The provisions of the undertaking text clearly stipulate that resales to independent customers in the Union have to be reported,
the undertaking offer including the other related company in the Union referred to in recital 5(a) above was accepted for the period of application of definitive measures(13). However, no sales took place to this related company following the acceptance of the undertaking. Therefore, Chint Solar's arguments are irrelevant regarding this company,
the CCCME coordinates the submission of all quarterly reports by the companies subject to the undertaking, including the quarterly reports on resale transactions. Chint Solar was in a position to obtain any further information on their reporting obligations under the undertaking,
Chint Solar submitted an incomplete quarterly report at the beginning of the verification visit. This substantiates that Chint Solar was aware of the reporting obligations of its related companies in the Union.
Chint Solar notified the Commission on the acquisition of the module producer in the Union referred to in recital 19 above and the Commission has not reacted,
the complexity of the undertaking in general led the Commission to issue different replies for the same scenario over the time. Therefore, it is reasonable that Chint Solar did not consider the risk of compensatory arrangements until the disclosure on the intention to withdraw the undertaking by the Commission,
the sales of the related producer in the Union should not be subject to the terms of the undertaking which only covers modules and cells originating in or consigned from the PRC,
Chint Solar had no intention for any cross-compensation by selling to the same Chint Solar customer from PRC and the related producer in the Union. The difference in the product specifications and the trading habit of the particular Chint Solar customer justifies these parallel sales. Chint Solar also claimed that the sales price of the related producer in the Union was in line with the market price. In addition, Chint Solar committed to stop selling the product concerned to that Chint Solar customer from the PRC, to provide quarterly reports on the sales of its related producer in the Union and to allow for verifying the accuracy of these reports.
Therefore, the Commission upholds its assessment that Chint Solar breached its obligation under the undertaking not to enter into a compensatory arrangement.
H. WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITION OF DEFINITIVE DUTIES
HAS ADOPTED THIS REGULATION:
Acceptance of the undertaking by Implementing Decision 2013/707/EU in relation to (i) Chint Solar (Zhejiang) Co. Ltd together with its related companies in the European Union, jointly covered by the TARIC additional code: B810, (ii) Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd and Zhejiang Jinbest Energy Science and Technology Co. Ltd, jointly covered by the TARIC additional code: B825 is hereby withdrawn.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 2015.
For the Commission
The President
Jean-Claude Juncker
List of companies:
Name of the company | TARIC additional code |
---|---|
Jiangsu Aide Solar Energy Technology Co. Ltd | B798 |
Alternative Energy (AE) Solar Co. Ltd | B799 |
Anhui Chaoqun Power Co. Ltd | B800 |
Anji DaSol Solar Energy Science & Technology Co. Ltd | B802 |
Anhui Schutten Solar Energy Co. Ltd Quanjiao Jingkun Trade Co. Ltd | B801 |
Anhui Titan PV Co. Ltd | B803 |
Xi'an SunOasis (Prime) Company Limited TBEA SOLAR CO. LTD XINJIANG SANG'O SOLAR EQUIPMENT | B804 |
Changzhou NESL Solartech Co. Ltd | B806 |
Changzhou Shangyou Lianyi Electronic Co. Ltd | B807 |
Changzhou Trina Solar Energy Co. Ltd Trina Solar (Changzhou) Science & Technology Co. Ltd Changzhou Youze Technology Co. Ltd Trina Solar Energy (Shanghai) Co. Ltd Yancheng Trina Solar Energy 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 |
CSG PVtech Co. Ltd | B814 |
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 |
Delsolar (Wujiang) Ltd | B792 |
Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd | B816 |
EOPLLY New Energy Technology Co. Ltd SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD JIANGSU EOPLLY IMPORT & EXPORT CO. LTD | B817 |
Era Solar Co. Ltd | B818 |
GD Solar Co. Ltd | B820 |
Greenway Solar-Tech (Shanghai) Co. Ltd Greenway Solar-Tech (Huaian) Co. Ltd | B821 |
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 | B850 |
Guodian Jintech Solar Energy Co. Ltd | B822 |
Hangzhou Bluesun New Material Co. Ltd | B824 |
Hanwha SolarOne (Qidong) Co. Ltd | B826 |
Hengdian Group DMEGC Magnetics Co. Ltd | B827 |
HENGJI PV-TECH ENERGY CO. LTD | B828 |
Himin Clean Energy Holdings Co. Ltd | B829 |
Jetion Solar (China) Co. Ltd Junfeng Solar (Jiangsu) Co. Ltd Jetion Solar (Jiangyin) Co. Ltd | B830 |
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 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 Risun Solar Energy Co. Ltd | B841 |
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 Co. Ltd Hefei Hareon Solar Technology Co. Ltd Jiangyin Xinhui Solar Energy Co. Ltd Altusvia Energy (Taicang) 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 |
King-PV Technology Co. Ltd | B848 |
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 |
Nanjing Daqo New Energy Co. Ltd | B853 |
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 South New Energy Technology Co. Ltd | B861 |
Ningbo Sunbe Electric Ind Co. Ltd | B862 |
Ningbo Ulica Solar Science & Technology Co. Ltd | B863 |
Perfectenergy (Shanghai) Co. Ltd | B864 |
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 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 |
Propsolar (Zhejiang) New Energy Technology Co. Ltd Shanghai Propsolar New Energy Co. Ltd | B873 |
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 |
Shanghai ST Solar Co. Ltd Jiangsu ST Solar Co. Ltd | B876 |
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 |
TDG Holding Co. Ltd | B884 |
Tianwei New Energy Holdings Co. Ltd Tianwei New Energy (Chengdu) PV Module Co. Ltd Tianwei New Energy (Yangzhou) Co. Ltd | B885 |
Wenzhou Jingri Electrical and Mechanical Co. Ltd | B886 |
Shanghai Topsolar Green Energy Co. Ltd | B877 |
Shenzhen Sungold Solar Co. Ltd | B879 |
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 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 Heda Solar Technology Co. Ltd | B905 |
Zhejiang Jiutai New Energy Co. Ltd Zhejiang Topoint Photovoltaic Co. Ltd | B906 |
Zhejiang Kingdom Solar Energy Technic Co. Ltd | B907 |
Zhejiang Koly Energy Co. Ltd | B908 |
Zhejiang Mega Solar Energy Co. Ltd Zhejiang Fortune Photovoltaic Co. Ltd | B910 |
Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd | B911 |
Zhejiang Shinew Photoelectronic Technology Co. Ltd | B912 |
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company Zhejiang Yauchong Light Energy Science & Technology Co. Ltd | B914 |
Zhejiang Sunrupu New Energy Co. Ltd | B915 |
Zhejiang Tianming Solar Technology Co. Ltd | B916 |
Zhejiang Trunsun Solar Co. Ltd Zhejiang Beyondsun PV Co. Ltd | B917 |
Zhejiang Wanxiang Solar Co. Ltd WANXIANG IMPORT & EXPORT CO LTD | B918 |
Zhejiang Xiongtai Photovoltaic Technology Co. Ltd | B919 |
ZHEJIANG YUANZHONG SOLAR CO. LTD | B920 |
Zhongli Talesun Solar Co. Ltd | B922 |
Decision 2013/423/EU.
Implementing Decision 2013/707/EU.
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