LegalizeCommission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China
COMMISSION IMPLEMENTING REGULATION (EU) No 470/2014
of 13 May 2014
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China
Article 1
A definitive anti-dumping duty is imposed on imports of solar glass consisting of tempered soda-lime-flat-glass, with an iron content of less than 300 ppm, a solar transmittance of more than 88 % (measured according to AM1,5 300-2 500 nm), a resistance to heat up to 250 °C (measured according to EN 12150), a resistance to thermal shocks of Δ 150 K (measured according to EN 12150) and having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288-3), currently falling within CN code ex 7007 19 80 and originating in the People’s Republic of China. Coated solar glass (single or double-side coated) shall fall under TARIC code 7007198019 and uncoated solar glass shall fall under TARIC code 7007198011 .
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 below shall be as follows:
| Company | Definitive anti-dumping duty | TARIC Additional code |
|---|---|---|
| Zhejiang Jiafu Glass Co., Ltd; Flat Solar Glass Group Co., Ltd; Shanghai Flat Glass Co., Ltd | 71,4 % | B945 |
| Xinyi PV Products (Anhui) Holdings Ltd | 75,4 % | B943 |
| Zhejiang Hehe Photovoltaic Glass Technology Co., Ltd | 35,3 % | B944 |
| Henan Yuhua New Material Co., Ltd | 17,5 % | B946 |
| Henan Ancai Hi-Tech Co., Ltd | 55,9 % | B947 |
| Henan Succeed Photovoltaic Materials Corporation | 55,9 % | B948 |
| Avic Sanxin Sol-Glass Co. Ltd and Avic (Hainan) Special Glass Material Co., Ltd | 60,6 % | B949 |
| Wuxi Haida Safety Glass Co., Ltd | 60,6 % | B950 |
| Dongguan CSG Solar Glass Co., Ltd | 60,6 % | B951 |
| Pilkington Solar Taicang, Limited | 60,6 % | B952 |
| Zibo Jinxing Glass Co., Ltd | 55,9 % | B953 |
| Novatech Glass Co., Ltd | 60,6 % | B954 |
| All other companies | 67,1 % | B999 |
The application of the indsividual anti-dumping duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty applicable to ‘All other companies’ shall apply.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duties pursuant to Commission Regulation (EU) No 1205/2013 ([^E0001]) shall be definitively collected. The amounts secured in excess of the combined rates of the anti-dumping duties contained in Article 1(2) above and of the countervailing duties adopted by Commission Implementing Regulation (EU) No 471/2014 ([^E0002]) shall be released.
Article 3
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 Article 1(1) during the investigation period (1 January 2012 to 31 December 2012),
- — it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the 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,
article 1 (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 rate of 24,1 %.
Article 4
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.
ANNEX I
Cooperating exporting producers not sampled and not granted individual examination
| Name | TARIC additional code |
|---|---|
| Henan Ancai Hi-Tech Co., Ltd | B947 |
| Henan Succeed Photovoltaic Materials Corporation | B948 |
| Avic Sanxin Sol-Glass Co. Ltd; Avic (Hainan) Special Glass Material Co., Ltd | B949 |
| Wuxi Haida Safety Glass Co., Ltd | B950 |
| Dongguan CSG Solar Glass Co., Ltd | B951 |
| Pilkington Solar Taicang, Limited | B952 |
| Zibo Jinxing Glass Co., Ltd | B953 |
| Novatech Glass Co., Ltd | B954 |
ANNEX II
The valid commercial invoice referred to in Article 1(3) must be issued showing the following:
-
- The name and function of the official of the entity issuing the commercial invoice.
-
- The following declaration: ‘I, the undersigned, certify that the (area in m2) of solar glass sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’
-
- Date and signature of the official of the entity issuing the commercial invoice.
[^E0001]: Commission Regulation (EU) No 1205/2013 of 26 November 2013 imposing a provisional anti-dumping duty on imports of solar glass from the People’s Republic of China (OJ L 316, 27.11.2013, p. 8).
[^E0002]: Commission Implementing Regulation (EU) No 471/2014 of 13 May 2014 imposing definitive countervailing duties on imports of solar glass originating in the People’s Republic of China (see page 23 of this Official Journal).
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