Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China

• Published date: 05 December 2013
• Official Gazette Publication: Official Journal of the European Union, L 325, 5 December 2013

2013R1238 — EN — 01.07.2016 — 001.001

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►B COUNCIL IMPLEMENTING REGULATION (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ L 325 5.12.2013, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION IMPLEMENTING REGULATION (EU) 2016/1054 of 29 June 2016	L 173	44	30.6.2016

Corrected by:

►C1 Corrigendum, OJ L 026, 29.1.2014, p. 46 (1238/2013)

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▼B

COUNCIL IMPLEMENTING REGULATION (EU) No 1238/2013

of 2 December 2013

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00 , ex 8501 32 00 , ex 8501 33 00 , ex 8501 34 00 , ex 8501 61 20 , ex 8501 61 80 , ex 8501 62 00 , ex 8501 63 00 , ex 8501 64 00 and ex 8541 40 90 (TARIC codes 8501310081 , 8501310089 , 8501320041 , 8501320049 , 8501330061 , 8501330069 , 8501340041 , 8501340049 , 8501612041 , 8501612049 , 8501618041 , 8501618049 , 8501620061 , 8501620069 , 8501630041 , 8501630049 , 8501640041 , 8501640049 , 8541409021 , 8541409029 , 8541409031 and ►C1 and 8541409039 ) and originating in or consigned from the People’s Republic of China, unless they are in transit in the sense of Article V GATT. ◄

The following product types are excluded from the definition of the product concerned:

— solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries,

— thin film photovoltaic products,

— crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s),

— modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics.

2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below shall be as follows:

Company	Duty rate	TARIC additional code
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	44,7 %	B791
Delsolar (Wujiang) Ltd	64,9 %	B792
Jiangxi LDK Solar Hi-Tech Co. Ltd LDK Solar Hi-Tech (Nanchang) Co. Ltd LDK Solar Hi-Tech (Suzhou) Co. Ltd	46,7 %	B793
LDK Solar Hi-Tech (Hefei) Co. Ltd	46,7 %	B927
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	51,5 %	B794
Jinko Solar Co.Ltd Jinko Solar Import and Export Co. Ltd ZHEJIANG JINKO SOLAR CO. LTD ZHEJIANG JINKO SOLAR TRADING CO. LTD	41,2 %	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	27,3 %	B795
RENESOLA ZHEJIANG LTD RENESOLA JIANGSU LTD	43,1 %	B921
Wuxi Suntech Power Co. Ltd Suntech Power Co. Ltd Wuxi Sunshine Power Co. Ltd Luoyang Suntech Power Co. Ltd Zhenjiang Ren De New Energy Science Technology Co. Ltd Zhenjiang Rietech New Energy Science Technology Co. Ltd	41,4 %	B796
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	35,5 %	B797
Other co-operating companies in the anti-dumping investigation (with the exception of the companies subject to the residual duty in the parallel anti-subsidy Implementing Regulation (EU) No 1239/2013) (Annex I)	41,3 %
Other co-operating companies in the anti-dumping investigation, subject to the residual duty in the parallel anti-subsidy Implementing Regulation (EU) No 1239/2013 (Annex II)	36,2 %
All other companies	53,4 %	B999

3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

4. Where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission that:

— it did not export to the Union the product described in paragraph 1 in the period between 1 July 2011 and 30 June 2012 (investigation period),

— it is not related to any exporter or producer in the People's Republic of China which is subject to the anti-dumping measures imposed by this Regulation,

— it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,

paragraph 2 may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty of 41,3 %.

Article 2

1. The amounts secured by way of the provisional anti- dumping duty pursuant to Regulation (EU) No 513/2013 on imports of wafers (the wafers have a thickness not exceeding 400 micrometers) and modules or panels with a output voltage not exceeding 50 V DC and a power output not exceeding 50 W solely for direct use as battery chargers in systems with the same voltage and power characteristics originating in or consigned from the People's Republic of China shall be released.

2. The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 513/2013 on imports of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00 , ex 8501 32 00 , ex 8501 33 00 , ex 8501 34 00 , ex 8501 61 20 , ex 8501 61 80 , ex 8501 62 00 , ex 8501 63 00 , ex 8501 64 00 and ex 8541 40 90 (TARIC codes 8501310081 , 8501310089 , 8501320041 , 8501320049 , 8501330061 , 8501330069 , 8501340041 , 8501340049 , 8501612041 , 8501612049 , 8501618041 , 8501618049 , 8501620061 , 8501620069 , 8501630041 , 8501630049 , 8501640041 , 8501640049 , 8541409021 , 8541409029 , 8541409031 and 8541409039 ) and originating in or consigned from the People's Republic of China, unless they are in transit in the sense of Article V GATT, shall be definitively collected. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Article 3

1. Imports declared for release into free circulation for products currently falling within CN code ex 8541 40 90 (TARIC codes 8541409021 , 8541409029 , 8541409031 and 8541409039 ) which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in the Annex to Implementing Decision 2013/707/EU, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:

(a) a company listed in the Annex to Implementing Decision 2013/707/EU manufactured, shipped and invoiced directly the products referred to above or via its related company also listed in the Annex to Implementing Decision 2013/707/EU either to their related companies in the Union acting as an importer and clearing the goods for free circulation in the Union or to the first independent customer acting as an importer and clearing the goods for free circulation in the Union;

(b) such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in Annex III of this Regulation;

(c) such imports are accompanied by an Export Undertaking Certificate according to Annex IV of this Regulation; and

(d) the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:

(a) whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled; or

(b) when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant...