Brussels, 15/02/2016 (Agence Europe) - On Monday 15 February, the European Commission decided to extend the anti-dumping and anti-subsidy duty imposed by the EU since late 2013 on imports of photovoltaic modules and their essential components (cells) from China to imports of the same products sent via Malaysia and Taiwan.
This decision follows an investigation launched in late May 2015 on the basis of the complaint tabled previously by the producer SolarWord, accusing China of shipping its photovoltaic components and cells via Taiwan or Malaysia in order to avoid paying taxes imposed by the EU on some of its exporters.
The Commission's investigation confirmed the existence of a circumvention of the EU's trade defence measures against Chinese products via Malaysia and Taiwan. In order to avoid a continuation of this practice, the existing anti-dumping and anti-subsidy duties on certain Chinese solar panels have now been extended to both of these countries.
On the other hand, these taxes will not apply to genuine producers of solar panels from Malaysia (five companies) and Taiwan (around 20 companies), which have demonstrated that they were not involved in the circumvention activities. Users of solar modules from these two countries in the EU may therefore continue to source from them without having to pay these taxes.
With regard to this, the Commission commends the Taiwanese authorities for their exemplary cooperation during the investigation. Taipei has adopted a number of legislative and administrative measures since May 2015 to combat and curb customs fraud and circumvention practices for Chinese products.
The customs authorities of the member states will now be able to collect the anti-dumping and anti-subsidy taxes retrospectively for the entire period from the end of May 2015 to the current date.
The EU has imposed anti-dumping and anti-subsidy measures on imports of solar cells and solar panels from China since 5 December 2013, for a period of two years, in the framework of the amicable agreement concluded between the Commission and the Chinese government in summer 2013.
This agreement is based on a price commitment which allows Chinese exporters of solar panels to avoid heavy anti-dumping taxes of nearly 50%. Under the agreement, 70% of Chinese producers of solar panels which have undertaken to observe a minimum price of 56 cents will not pay anti-dumping duties. The other Chinese producers opting not to take part in this agreement will have to pay anti-dumping duty of 47.6% (see EUROPE 10902).
In the light of the re-examination investigations into these measures launched on 5 December 2015, measures against Chinese solar panels remain in force. These re-examinations are not expected to be concluded before the end of this year. (Original version in French by Emmanuel Hagry)