Commission Implementing Regulation (EU) 2015/833 of 28 May 2015 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 1238/2013 on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China by imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, and making such imports subject to registration

• CELEX: Implementing Regulation (EU) 2015/833
• Articles: 4

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 1225/2009, in order to determine if imports into the Union 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 8501 31 00 82, 8501 31 00 83, 8501 32 00 42, 8501 32 00 43, 8501 33 00 62, 8501 33 00 63, 8501 34 00 42, 8501 34 00 43, 8501 61 20 42, 8501 61 20 43, 8501 61 80 42, 8501 61 80 43, 8501 62 00 62, 8501 62 00 63, 8501 63 00 42, 8501 63 00 43, 8501 64 00 42, 8501 64 00 43, 8541 40 90 22, 8541 40 90 23, 8541 40 90 32, 8541 40 90 33) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, are circumventing the measures imposed by Implementing Regulation (EU) No 1238/2013.

The investigation does not concern imports into the Union of:

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

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thin film photovoltaic products,

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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),

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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.

Article 2

The Customs authorities shall, pursuant to Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of entry into force of this Regulation.

The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption from registration and having been found to fulfil the conditions for an exemption to be granted.

Where a declaration for release for free circulation is presented in respect of imports of those crystalline silicon photovoltaic modules and key components (i.e. cells) which are currently falling within TARIC codes 8541 40 90 22, 8541 40 90 23, 8541 40 90 32 and 8541 40 90 33, those TARIC codes and the number of Watt of the goods imported shall be entered in the relevant field of that declaration.

Member States shall, on a monthly basis, inform the Commission of the number of Watt for TARIC codes 8541 40 90 22, 8541 40 90 23, 8541 40 90 32 and 8541 40 90 33.

Article 3

1.   Questionnaires must be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union .

2.   Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union , unless otherwise specified.

3.   Producers in Malaysia and Taiwan requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time limit.

4.   Interested parties may also apply to be heard by the Commission within the same 37-day time limit.

5.   Use of information submitted to the Commission for the purpose of trade defence investigations that is subject to copyright shall be permitted by copyrights holders. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding, including its publication in the Official Journal of the European Union , and b) to provide the information and/or data to interested parties to this investigation.

6.   All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’  ( 7 ) . Where confidential treatment is requested, interested parties must show good cause pursuant to Article 19(1) of Regulation (EC) No 1225/2009.

7.   Interested parties providing information labelled as ‘Limited’ are required to furnish non-confidential summaries of it pursuant to Article 19(2) of Regulation (EC) No 1225/2009, which must be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded, except where the interested parties can show that such information is not susceptible of summary. In such exceptional circumstances, a statement of the reasons why such summary is not possible must be provided.

8.   Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.

9.   Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Brussels

BELGIUM

E-mail: [email protected]

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .