Commission Implementing Regulation (EU) 2017/941
of 1 June 2017
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
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),
Informing the Member States,
Whereas:
A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.
- (a)
BYD (Shangluo) Industrial Co. Ltd, together with its related company in the PRC and in the Union, jointly covered by the TARIC additional code: B871 (‘BYD’);
- (b)
Yingli Energy (China) Co. Ltd, together with its related companies in the PRC and in the Union, jointly covered by the TARIC additional code: B797 (‘Yingli’).
As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application.
BYD notified the Commission in March 2017 that it wished to withdraw its undertaking.
Yingli notified the Commission in April 2017 that it wished to withdraw its undertaking.
Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission has concluded that the acceptance of the undertaking for BYD and Yingli shall be withdrawn.
Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) 2017/367 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) 2017/366 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by BYD (TARIC additional code: B871) and Yingli (TARIC additional code: B797) as of the day of entry into force of this Regulation.
The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected. Where customs authorities of the Member States conclude that there has been such a violation or whether the MIP has not been respected, they should collect the duties as a consequence thereof. In order to facilitate, on the basis of Article 4(3) of the Treaty, the work of the customs authorities of the Member States, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings.
Finally, the Commission observes that the acceptance of the voluntary withdrawal is without prejudice to the power conferred upon the Commission by Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(b) of Implementing Regulation (EU) 2017/366 to cancel undertaking invoices that have been issued prior to the acceptance of the voluntary withdrawal, where the Commission becomes aware of facts justifying such a cancellation.
For information purposes the table in Annex to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,
HAS ADOPTED THIS REGULATION:
Article 1
Acceptance of the undertaking in relation to the following companies is hereby withdrawn:
Name of the company | TARIC additional code |
|---|---|
Shanghai BYD Co. Ltd BYD (Shangluo) Industrial Co. Ltd | B871 |
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 |
Article 2
1.
Where customs authorities have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by one of the companies from which the undertaking was initially accepted by Implementing Decision 2013/707/EU does not correspond to the price paid and that therefore those companies may have violated the undertaking, the customs authorities may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price (‘MIP’) on the day when the undertaking invoice was issued.
2.
Where that verification reveals that the price paid is lower than the MIP, the duties due as a consequence under Article 8(9) of Regulation (EU) 2016/1036 and Article 13(9) of Regulation (EU) 2016/1037 shall be collected.
Where that verification reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected.
3.
The information in accordance with paragraph 1 may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.
Article 3
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, 1 June 2017.
For the Commission
The President
Jean-Claude Juncker
ANNEXList 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 |
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 |
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 |
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 |
Zheijiang Era Solar Co. Ltd | B818 |
GD Solar Co. Ltd | B820 |
Greenway Solar-Tech (Shanghai) Co. Ltd Greenway Solar-Tech (Huaian) Co. Ltd | B821 |
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 |
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 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 Shine Science and Technology Co. Ltd | B843 |
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 |
Nanjing Daqo New Energy Co. Ltd | B853 |
NICE SUN PV CO. LTD LEVO SOLAR TECHNOLOGY CO. LTD | B854 |
Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd | B857 |
Ningbo Komaes Solar Technology Co. Ltd | B858 |
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 |
SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD SHANGHAI ALEX NEW ENERGY CO. LTD | B870 |
Shanghai Chaori Solar Energy Science & Technology 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 Taichang Electronic Co. Ltd China Machinery Engineering Wuxi 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 |
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 YUANZHONG SOLAR CO. LTD | B920 |