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
Commission Implementing Regulation (EU) 2017/941of 1 June 2017withdrawing 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"),Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European UnionOJ L 176, 30.6.2016, p. 21. ("the basic anti-dumping Regulation"), and in particular Article 8 thereof,Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European UnionOJ L 176, 30.6.2016, p. 55. ("the basic anti-subsidy Regulation"), and in particular Article 13 thereof,Informing the Member States,Whereas:A.UNDERTAKING AND OTHER EXISTING MEASURES(1)By Regulation (EU) No 513/2013OJ L 152, 5.6.2013, p. 5., the European Commission ("the Commission") imposed a provisional anti-dumping duty on imports into the European Union ("the Union") of crystalline silicon photovoltaic modules ("modules") and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China ("the PRC").(2)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.(3)By Decision 2013/423/EUOJ L 209, 3.8.2013, p. 26., the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013OJ L 209, 3.8.2013, p. 1., the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.(4)By Implementing Regulation (EU) No 1238/2013OJ L 325, 5.12.2013, p. 1., the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC ("the products concerned"). By Implementing Regulation (EU) No 1239/2013OJ L 325, 5.12.2013, p. 66., the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.(5)Following the notification of an amended version of the price undertaking by a group of exporting producers ("the exporting producers") together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EUOJ L 325, 5.12.2013, p. 214. the acceptance of the price undertaking as amended ("the undertaking") for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:(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").(6)By Implementing Decision 2014/657/EUOJ L 270, 11.9.2014, p. 6. the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex85414090 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers ("product covered"). The anti-dumping and countervailing duties referred to in recital (4) above, together with the undertaking, are jointly referred to thereafter as "measures".(7)By Implementing Regulation (EU) 2015/866OJ L 139, 5.6.2015, p. 30. the Commission withdrew the acceptance of the undertaking for three exporting producers.(8)By Implementing Regulation (EU) 2015/1403OJ L 218, 19.8.2015, p. 1. the Commission withdrew the acceptance of the undertaking for another exporting producer.(9)By Implementing Regulation (EU) 2015/2018OJ L 295, 12.11.2015, p. 23. the Commission withdrew the acceptance of the undertaking for two exporting producers.(10)The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European UnionOJ C 405, 5.12.2015, p. 8. on 5 December 2015.(11)The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European UnionOJ C 405, 5.12.2015, p. 20. on 5 December 2015.(12)The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European UnionOJ C 405, 5.12.2015, p. 33. on 5 December 2015.(13)By Implementing Regulation (EU) 2016/115OJ L 23, 29.1.2016, p. 47. the Commission withdrew the acceptance of the undertaking for another exporting producer.(14)By Implementing Regulation (EU) 2016/185OJ L 37, 12.2.2016, p. 76., the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.(15)By Implementing Regulation (EU) 2016/184OJ L 37, 12.2.2016, p. 56., the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.(16)By Implementing Regulation (EU) 2016/1045OJ L 170, 29.6.2016, p. 5. the Commission withdrew the acceptance of the undertaking for another exporting producer.(17)By Implementing Regulation (EU) 2016/1382OJ L 222, 17.8.2016, p. 10. the Commission withdrew the acceptance of the undertaking for another five exporting producers.(18)By Implementing Regulation (EU) 2016/1402OJ L 228, 23.8.2016, p. 16. the Commission withdrew the acceptance of the undertaking for another three exporting producers.(19)By Implementing Regulation (EU) 2016/1998OJ L 308, 16.11.2016, p. 8. the Commission withdrew the acceptance of the undertaking for another five exporting producers.(20)By Implementing Regulation (EU) 2016/2146OJ L 333, 8.12.2016, p. 4. the Commission withdrew the acceptance of the undertaking for another two exporting producers.(21)Following the expiry and interim reviews referred to in recitals (10)-(12), the Commission maintained the measures in force by Implementing Regulations (EU) 2017/366OJ L 56, 3.3.2017, p. 1. and (EU) 2017/367OJ L 56, 3.3.2017, p. 131..(22)The Commission also initiated a partial interim review on the form of measures by a Notice of Initiation published in the Official Journal of the European UnionOJ C 67, 3.3.2017, p. 16. on 3 March 2017.(23)By Implementing Regulation (EU) 2017/454OJ L 71, 16.3.2017, p. 5. the Commission withdrew the acceptance of the undertaking for four exporting producers.(24)By Implementing Decision (EU) 2017/615OJ L 86, 31.3.2017, p. 14., the Commission accepted a proposal by a group of exporting producers together with the CCCME concerning the implementation of the undertaking.B.TERMS OF THE UNDERTAKING AND VOLUNTARY WITHDRAWAL BY YINGLI AND BYD(25)As per the undertaking, any exporting producer may voluntarily withdraw its undertaking at any time during its application.(26)BYD notified the Commission in March 2017 that it wished to withdraw its undertaking.(27)Yingli notified the Commission in April 2017 that it wished to withdraw its undertaking.C.WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES(28)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.(29)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.(30)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.(31)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.(32)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 1Acceptance of the undertaking in relation to the following companies is hereby withdrawn:
Name of the companyTARIC additional code
Shanghai BYD Co. LtdBYD (Shangluo) Industrial Co. LtdB871
Yingli Energy (China) Co. LtdBaoding Tianwei Yingli New Energy Resources Co. LtdHainan Yingli New Energy Resources Co. LtdHengshui Yingli New Energy Resources Co. LtdTianjin Yingli New Energy Resources Co. LtdLixian Yingli New Energy Resources Co. LtdBaoding Jiasheng Photovoltaic Technology Co. LtdBeijing Tianneng Yingli New Energy Resources Co. LtdYingli Energy (Beijing) Co. LtdB797
Article 21.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 3This 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 CommissionThe PresidentJean-Claude JunckerANNEXList of companies
Name of the companyTARIC additional code
Jiangsu Aide Solar Energy Technology Co. LtdB798
Alternative Energy (AE) Solar Co. LtdB799
Anhui Chaoqun Power Co. LtdB800
Anji DaSol Solar Energy Science & Technology Co. LtdB802
Anhui Schutten Solar Energy Co. LtdQuanjiao Jingkun Trade Co. LtdB801
Anhui Titan PV Co. LtdB803
Xi'an SunOasis (Prime) Company LimitedTBEA SOLAR CO. LTDXINJIANG SANG'O SOLAR EQUIPMENTB804
Changzhou NESL Solartech Co. LtdB806
Changzhou Shangyou Lianyi Electronic Co. LtdB807
CHINALAND SOLAR ENERGY CO. LTDB808
ChangZhou EGing Photovoltaic Technology Co. LtdB811
CIXI CITY RIXING ELECTRONICS CO. LTDANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTDHUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTDB812
CSG PVtech Co. LtdB814
China Sunergy (Nanjing) Co. LtdCEEG Nanjing Renewable Energy Co. LtdCEEG (Shanghai) Solar Science Technology Co. LtdChina Sunergy (Yangzhou) Co. LtdChina Sunergy (Shanghai) Co. LtdB809
Dongfang Electric (Yixing) MAGI Solar Power Technology Co. LtdB816
EOPLLY New Energy Technology Co. LtdSHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTDJIANGSU EOPLLY IMPORT & EXPORT CO. LTDB817
Zheijiang Era Solar Co. LtdB818
GD Solar Co. LtdB820
Greenway Solar-Tech (Shanghai) Co. LtdGreenway Solar-Tech (Huaian) Co. LtdB821
Guodian Jintech Solar Energy Co. LtdB822
Hangzhou Bluesun New Material Co. LtdB824
Hanwha SolarOne (Qidong) Co. LtdB826
Hengdian Group DMEGC Magnetics Co. LtdB827
HENGJI PV-TECH ENERGY CO. LTDB828
Himin Clean Energy Holdings Co. LtdB829
Jiangsu Green Power PV Co. LtdB831
Jiangsu Hosun Solar Power Co. LtdB832
Jiangsu Jiasheng Photovoltaic Technology Co. LtdB833
Jiangsu Runda PV Co. LtdB834
Jiangsu Sainty Photovoltaic Systems Co. LtdJiangsu Sainty Machinery Imp. And Exp. Corp. LtdB835
Jiangsu Shunfeng Photovoltaic Technology Co. LtdChangzhou Shunfeng Photovoltaic Materials Co. LtdJiangsu Shunfeng Photovoltaic Electronic Power Co. LtdB837
Jiangsu Sinski PV Co. LtdB838
Jiangsu Sunlink PV Technology Co. LtdB839
Jiangsu Zhongchao Solar Technology Co. LtdB840
Jiangxi Risun Solar Energy Co. LtdB841
Jiangxi LDK Solar Hi-Tech Co. LtdLDK Solar Hi-Tech (Nanchang) Co. LtdLDK Solar Hi-Tech (Suzhou) Co. LtdB793
Jiangyin Shine Science and Technology Co. LtdB843
Jinzhou Yangguang Energy Co. LtdJinzhou Huachang Photovoltaic Technology Co. LtdJinzhou Jinmao Photovoltaic Technology Co. LtdJinzhou Rixin Silicon Materials Co. LtdJinzhou Youhua Silicon Materials Co. LtdB795
Juli New Energy Co. LtdB846
Jumao Photonic (Xiamen) Co. LtdB847
King-PV Technology Co. LtdB848
Kinve Solar Power Co. Ltd (Maanshan)B849
Lightway Green New Energy Co. LtdLightway Green New Energy(Zhuozhou) Co. LtdB851
Nanjing Daqo New Energy Co. LtdB853
NICE SUN PV CO. LTDLEVO SOLAR TECHNOLOGY CO. LTDB854
Ningbo Jinshi Solar Electrical Science & Technology Co. LtdB857
Ningbo Komaes Solar Technology Co. LtdB858
Ningbo South New Energy Technology Co. LtdB861
Ningbo Sunbe Electric Ind Co. LtdB862
Ningbo Ulica Solar Science & Technology Co. LtdB863
Perfectenergy (Shanghai) Co. LtdB864
Perlight Solar Co. LtdB865
SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTDSHANGHAI ALEX NEW ENERGY CO. LTDB870
Shanghai Chaori Solar Energy Science & Technology Co. LtdB872
Propsolar (Zhejiang) New Energy Technology Co. LtdShanghai Propsolar New Energy Co. LtdB873
SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTDB874
SHANGHAI SOLAR ENERGY S&T CO. LTDShanghai Shenzhou New Energy Development Co. LtdLianyungang Shenzhou New Energy Co. LtdB875
Shanghai ST Solar Co. LtdJiangsu ST Solar Co. LtdB876
Shenzhen Sacred Industry Co. LtdB878
Shenzhen Topray Solar Co. LtdShanxi Topray Solar Co. LtdLeshan Topray Cell Co. LtdB880
Sopray Energy Co. LtdShanghai Sopray New Energy Co. LtdB881
SUN EARTH SOLAR POWER CO. LTDNINGBO SUN EARTH SOLAR POWER CO. LTDNingbo Sun Earth Solar Energy Co. LtdB882
SUZHOU SHENGLONG PV-TECH CO. LTDB883
TDG Holding Co. LtdB884
Tianwei New Energy Holdings Co. LtdTianwei New Energy (Chengdu) PV Module Co. LtdTianwei New Energy (Yangzhou) Co. LtdB885
Wenzhou Jingri Electrical and Mechanical Co. LtdB886
Shanghai Topsolar Green Energy Co. LtdB877
Shenzhen Sungold Solar Co. LtdB879
Wuhu Zhongfu PV Co. LtdB889
Wuxi Saijing Solar Co. LtdB890
Wuxi Shangpin Solar Energy Science and Technology Co. LtdB891
Wuxi Solar Innova PV Co. LtdB892
Wuxi Taichang Electronic Co. LtdChina Machinery Engineering Wuxi Co. LtdWuxi Taichen Machinery & Equipment Co. LtdB893
Xi'an Huanghe Photovoltaic Technology Co. LtdState-run Huanghe Machine-Building Factory Import and Export CorporationShanghai Huanghe Fengjia Photovoltaic Technology Co. LtdB896
Yuhuan BLD Solar Technology Co. LtdZhejiang BLD Solar Technology Co. LtdB899
Yuhuan Sinosola Science & Technology Co. LtdB900
Zhangjiagang City SEG PV Co. LtdB902
Zhejiang Fengsheng Electrical Co. LtdB903
Zhejiang Global Photovoltaic Technology Co. LtdB904
Zhejiang Heda Solar Technology Co. LtdB905
Zhejiang Jiutai New Energy Co. LtdZhejiang Topoint Photovoltaic Co. LtdB906
Zhejiang Kingdom Solar Energy Technic Co. LtdB907
Zhejiang Koly Energy Co. LtdB908
Zhejiang Mega Solar Energy Co. LtdZhejiang Fortune Photovoltaic Co. LtdB910
Zhejiang Shuqimeng Photovoltaic Technology Co. LtdB911
Zhejiang Shinew Photoelectronic Technology Co. LtdB912
Zhejiang Sunflower Light Energy Science & Technology Limited Liability CompanyZhejiang Yauchong Light Energy Science & Technology Co. LtdB914
Zhejiang Sunrupu New Energy Co. LtdB915
Zhejiang Tianming Solar Technology Co. LtdB916
Zhejiang Trunsun Solar Co. LtdZhejiang Beyondsun PV Co. LtdB917
Zhejiang Wanxiang Solar Co. LtdWANXIANG IMPORT & EXPORT CO. LTDB918
ZHEJIANG YUANZHONG SOLAR CO. LTDB920