LegalizeCommission Implementing Regulation (EU) 2020/1080 of 22 July 2020 imposing a definitive anti-dumping duty on imports of solar glass originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
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 150K (measured according to EN 12150) and having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288- 3), currently falling under CN code ex 7007 19 80 (TARIC codes 7007198012 , 7007198018 , 7007198080 and 7007198085 ) and originating in the People’s Republic of China. The solar glass subject to anti-dumping duty includes all glass fulfilling the abovementioned technical and physical characteristics, whether it is used for photovoltaic modules, flat photothermal energy collectors, furniture, to build greenhouses, or for other uses.
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 | 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; 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 individual 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 I. 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 Commission may amend Article 1(2) by adding a new exporting producer, subject to the duty applied to not sampled cooperating producers where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:
- (a) it did not export to the Union the product described in Article 1(1) in the period between 1 January 2012 to 31 December 2012 (the original investigation period) or in the period between 1 December 2013 to 30 November 2014 (the absorption investigation period);
- (b) 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; and
- (c) it has actually exported to the Union the product under review or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.
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.
ANNEX 1
The valid commercial invoice referred to in Article 1(3) must contain the following:
- (1) The name and function of the official of the entity issuing the commercial invoice.
- (2) 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.’
- (3) Date and signature of the official of the entity issuing the commercial invoice.
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