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 9(4) and 14(1),
Whereas:
(1)
On 13 May 2014 the Commission adopted Implementing Regulation (EU) No 470/2014 (‘the Regulation imposing definitive anti-dumping duties’) and Implementing Regulation (EU) No 471/2014 (‘the Regulation imposing definitive countervailing duties’).
(2)
Under the Regulation imposing definitive anti-dumping duties, the dumping margin for cooperating non-sampled companies was determined to be 84,7 %. The injury elimination level applicable to these companies was determined at 36,5 %.
(3)
Three of these companies did not cooperate in the parallel anti-subsidy investigation and for that reason their definitive anti-subsidy duty rate was determined at 17,1 %<FootnoteRef Ref="f00006"/>. The companies concerned are:
Henan Ancai Hi-Tech Co., Ltd,
Henan Succeed Photovoltaic Materials Corporation, and
Zibo Jinxing Glass Co. Ltd.
(4)
Pursuant to recital 167 of the Regulation imposing definitive anti-dumping duties, in parallel investigations where the subsidy margins are lower than the injury elimination level, the definitive anti-subsidy duty should be imposed at the level of the established subsidy margins and the definitive anti-dumping duty should be imposed up to the relevant injury elimination level.
(5)
On that basis, for the three companies that cooperated in the anti-dumping investigation but did not cooperate in the parallel anti-subsidy investigation, the rate at which the anti-dumping and the anti-subsidy duties should be imposed should be set as follows:
| Company | Subsidy margin | Dumping margin | Injury elimination level | Countervailing (anti-subsidy) duty | Anti-dumping duty |
|---|
| Other cooperating companies in the anti-dumping investigation, but not in the parallel anti-subsidy investigation | 17,1 % | 84,7 % | 36,5 % | 17,1 % | 19,4 % |
(6)
It follows that recital 167 of the Regulation imposing definitive anti-dumping duties should also contain the information about the three companies as presented in the preceding recital.
(7)
It also follows that Article 1(2) of the Regulation imposing definitive anti-dumping duties should be amended accordingly.
(8)
If the amount of any duties paid or entered into the accounts in accordance with Article 1(2) of the Regulation imposing definitive anti-dumping duties exceeds those due under the present Regulation, that amount should be repaid or remitted. Similar applies to the provisional duties definitively collected under Article 2 of the same Regulation.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,
HAS ADOPTED THIS REGULATION: