
COMMISSION DECISION of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (2013/423/EU) 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,
After consulting the Advisory Committee,
Whereas:

A. PROCEDURE 
 (1) By Regulation (EU) No 513/2013, the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC).

B. UNDERTAKING 
 1. Undertaking offer 
 (2) Subsequent to the adoption of the provisional anti-dumping measures, a group of cooperating exporting producers, including their related companies in the PRC and in the European Union, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (hereinafter: ‘CCCME’) offered a joint price undertaking in accordance with Article 8(1) of the basic Regulation. The undertaking offer was also supported by the Chinese authorities.
 2. Evaluation of undertaking offer 
 (3) The undertaking offer has been examined against the background of changed market circumstances between the moment of the submission of the undertaking offer and the investigation period in the investigation that led to the imposition of provisional measures. Observed changes relate to a drop of both price levels and consumption on the Union market and are linked to several factors established and analysed in the investigation that led to the imposition of provisional measures.
 (4) Changes in price levels can sometimes be addressed in an undertaking by an indexation method which links minimum import prices to prices of raw materials as quoted in recognized and publicly available sources. However, no correlation between prices of raw materials and those of final products that would allow for a reliable indexation method could be established in the present case. In order to address an established change in price levels, an alternative method had to be established and price reports by representative and publicly available databases (Bloomberg and pvXchange) specialised in the sector concerned have been used as a reference.
 (5) In order to ensure that the undertaking is practicable, the Chinese exporters presented a joint undertaking offer with one minimum import price for photovoltaic modules and one for each of their key components (i.e. cells and wafers).
 (6) Further, in order to reduce the risk of company channelling, and make it feasible and practical to monitor the number of participating exporters, the Chinese exporters offered to ensure that the volume of imports made under the undertaking would be at annual levels corresponding roughly to their current market performance.
 (7) The exporters have offered a price undertaking. In order to assess whether that price undertaking removes the injurious effect of dumping, the Commission has analysed, inter alia, the current export prices and the level of provisional duty. On that basis, it was concluded that the price undertaking removes the injurious effect of dumping.
 (8) The elimination of the injurious effect of dumping is therefore achieved by a price undertaking covering imports within an associated annual level and in addition an ad valorem provisional duty levied on imports above the annual level as referred to in recital 6 above.
 (9) The CCCME will also provide the Commission with regular and detailed information concerning the sales to the Union of the companies presenting the joint undertaking offer, allowing for the undertaking to be monitored effectively by the Commission. With a view to CCCME’s active role, the support given by the Chinese authorities and the safety net in the form of annual level referred to in recital 6, the Commission considers the risk of circumvention limited and outweighed by considerations linked to the need to ensure security of supplies on the Union market.

C. COMMENT OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING 
 1. Comments of parties 
 (10) The undertaking offer has been made available to interested parties. No comments against its acceptance have been received so far.
 (11) In the view of the above, the undertaking offered by the exporting producers is acceptable. The companies concerned and the CCCME have been informed of the essential facts, considerations and obligations upon which the acceptance is based.
 (12) Further, to enable the Commission to monitor effectively compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on: 


((a)) the presentation of a commercial invoice by the company listed in the Annex to this Decision and a certificate issued by the CCCME containing at least the elements listed in Annex II and Annex III of Regulation (EU) No 513/2013 respectively;
((b)) the fact that the imported goods are manufactured, shipped and invoiced directly by the companies listed in the Annex to this Decision either to their related companies in the Union acting as an importer and clearing the goods for free circulation in the Union as mentioned in the Annex to this Decision or to the first independent customer acting as an importer and clearing the goods for free circulation in the Union;
((c)) the fact that the goods declared and presented to customs correspond precisely to the description of the commercial invoice.
 (13) Where no such invoice and certificate are presented or when they do not correspond to the product presented to customs or a commercial invoice containing at least the elements of Annex IV of Regulation (EU) No 513/2013 is presented, the appropriate rate of anti-dumping duty shall instead be payable.
 (14) Whenever, pursuant to Article 8(9) of the basic Regulation, the Commission withdraws its acceptance of an undertaking following a breach by referring to particular transactions and declares the relevant undertaking invoices to be invalid, a customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation.
 (15) Importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals 11 and 12 even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission.
 (16) Pursuant to Article 14(7) of the basic Regulation, customs authorities should inform the Commission immediately whenever indications of a violation of the undertaking are found.
 (17) In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the provisional anti-dumping duty imposed in accordance with Article 7 of the basic Regulation shall automatically apply by means of Article 8(9) of the basic Regulation.
HAS ADOPTED THIS DECISION:

Article 1 
The undertaking offered by the exporting producers listed in the Annex of this Decision together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME), in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, is hereby accepted.
Article 2 
This Decision shall enter into force on 6 August 2013.
Done at Brussels, 2 August 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX

List of companies:

Name of the company Taric additional code
Jiangsu Aide Solar Energy Technology Co. Ltd B798
Anji DaSol Solar Energy Science & Technology Co. Ltd B802
Anhui Schutten Solar Energy Co. LtdQuanjiao Jingkun Trade Co. Ltd B801
Xi’an SunOasis (Prime) Company LimitedTBEA SOLAR CO. LTDXINJIANG SANG’O SOLAR EQUIPMENT B804
CSI Solar Power (China) Inc.Canadian Solar Manufacturing (Changshu) Inc.Canadian Solar Manufacturing (Luoyang) Inc.CSI Cells Co. Ltd B805
Changzhou NESL Solartech Co. Ltd B806
Changzhou Trina Solar Energy Co. LtdTrina Solar (Changzhou) Science & Technology Co. LtdChangzhou Youze Technology Co. Ltd B791
CHINALAND SOLAR ENERGY CO. LTD B808
ChangZhou EGing Photovoltaic Technology Co. Ltd B811
CIXI CITY RIXING ELECTRONICS CO. LTD.ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD.HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD. B812
CNPV Dongying Solar Power Co. Ltd B813
China Sunergy (Nanjing) Co. LtdCEEG Nanjing Renewable Energy Co. LtdCEEG (Shanghai) Solar Science Technology Co. LtdChina Sunergy (Yangzhou) Co. LtdChina Sunergy (Shanghai) Co. Ltd B809
Chint Solar (Zhejiang) Co. Ltd B810
Delsolar (Wujiang) Ltd B792
Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd B816
Era Solar Co. Ltd B818
ET Solar Industry LimitedET Energy Co. Ltd B819
GD Solar Co. Ltd B820
Konca Solar Cell Co. LtdSuzhou GCL Photovoltaic Technology Co. LtdJiangsu GCL Silicon Material Technology Development Co. LtdJiangsu Zhongneng Polysilicon Technology Development Co. LtdGCL-Poly (Suzhou) Energy LimitedGCL-Poly Solar Power System Integration (Taicang) Co. LtdGCL SOLAR POWER (SUZHOU) LIMITEDGCL Solar System (Suzhou) Limited B850
Guodian Jintech Solar Energy Co. Ltd B822
Hangzhou Bluesun Solar Energy Technology Co. Ltd B824
Hangzhou Zhejiang University Sunny Energy Science and Technology Co. LtdZhejiang Jinbest Energy Science and Technology Co. Ltd B825
Hanwha SolarOne (Qidong) Co. Ltd B826
Hengdian Group DMEGC Magnetics Co. Ltd B827
HENGJI PV-TECH ENERGY CO. LTD. B828
Jiangsu Green Power PV Co. Ltd B831
Jiangsu Hosun Solar Power Co. Ltd B832
Jiangsu Jiasheng Photovoltaic Technology Co. Ltd B833
Jiangsu Runda PV Co. Ltd B834
Jiangsu Sainty Photovoltaic Systems Co. Ltd B835
Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd B835
Jiangsu Seraphim Solar System Co. Ltd B836
Jiangsu Shunfeng Photovoltaic Technology Co. LtdChangzhou Shunfeng Photovoltaic Materials Co. LtdJiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd B837
Jiangsu Sinski PV Co. Ltd B838
Jiangsu Sunlink PV Technology Co. Ltd B839
Jiangsu Zhongchao Solar Technology Co. Ltd B840
Jiangxi LDK Solar Hi-Tech Co. LtdLDK Solar Hi-Tech (Nanchang) Co. LtdLDK Solar Hi-Tech (Suzhou) Co. Ltd B793
Jiangyin Hareon Power Co. LtdHareon Solar Technology Co. LtdTaicang Hareon Solar Energy Co. Ltd B842
Jiangyin Shine Science and Technology Co. Ltd B843
JingAo Solar Co. LtdShanghai JA Solar Technology Co. LtdJA Solar Technology Yangzhou Co. LtdHefei JA Solar Technology Co. LtdShanghai JA Solar PV Technology Co. Ltd B794
Jinko Solar Co. LtdJinko Solar Import and Export Co. LtdZHEJIANG JINKO SOLAR CO. LTDZHEJIANG JINKO SOLAR TRADING CO. LTD B845
Jinzhou Yangguang Energy Co. LtdJinzhou Huachang Photovoltaic Technology Co. LtdJinzhou Jinmao Photovoltaic Technology Co. LtdJinzhou Rixin Silicon Materials Co. LtdJinzhou Youhua Silicon Materials Co. Ltd B795
Juli New Energy Co. Ltd B846
Jumao Photonic (Xiamen) Co. Ltd B847
Kinve Solar Power Co.Ltd (Maanshan) B849
Lightway Green New Energy Co. LtdLightway Green New Energy(Zhuozhou) Co. Ltd B851
MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD B852
NICE SUN PV CO. LTDLEVO SOLAR TECHNOLOGY CO. LTD B854
Ningbo Huashun Solar Energy Technology Co. Ltd B856
Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd B857
Ningbo Komaes Solar Technology Co. Ltd B858
Ningbo Osda Solar Co. Ltd B859
Ningbo Qixin Solar Electrical Appliance Co. Ltd B860
Ningbo Sunbe Electric Ind Co. Ltd B862
Ningbo Ulica Solar Science & Technology Co. Ltd B863
Perlight Solar Co. Ltd B865
Phono Solar Technology Co. LtdSumec Hardware & Tools Co. Ltd B866
RISEN ENERGY CO. LTD B868
SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD B869
SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD B870
SHANGHAI ALEX NEW ENERGY CO. LTD B870
Shanghai BYD Co. LtdBYD(Shangluo)Industrial Co.Ltd B871
Shanghai Chaori Solar Energy Science & Technology Co. LtdShanghai Chaori International Trading Co. Ltd B872
SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD B874
SHANGHAI SOLAR ENERGY S&T CO. LTDShanghai Shenzhou New Energy Development Co. LtdLianyungang Shenzhou New Energy Co. Ltd B875
Shenzhen Sacred Industry Co.Ltd B878
Shenzhen Topray Solar Co. LtdShanxi Topray Solar Co. LtdLeshan Topray Cell Co. Ltd B880
Sopray Energy Co. LtdShanghai Sopray New Energy Co. Ltd B881
SUN EARTH SOLAR POWER CO. LTD.NINGBO SUN EARTH SOLAR POWER CO. LTD.Ningbo Sun Earth Solar Energy Co. Ltd B882
SUZHOU SHENGLONG PV-TECH CO. LTD B883
Wenzhou Jingri Electrical and Mechanical Co. Ltd B886
Wuhu Zhongfu PV Co. Ltd B889
Wuxi Saijing Solar Co. Ltd B890
Wuxi Shangpin Solar Energy Science and Technology Co. Ltd B891
Wuxi Solar Innova PV Co. Ltd B892
Wuxi Suntech Power Co. LtdSuntech Power Co. LtdWuxi Sunshine Power Co. LtdLuoyang Suntech Power Co. LtdZhenjiang Rietech New Energy Science Technology Co. LtdZhenjiang Ren De New Energy Science Technology Co. Ltd B796
Wuxi Taichang Electronic Co. LtdWuxi Machinery & Equipment Import & Export Co. LtdWuxi Taichen Machinery & Equipment Co. Ltd B893
Xi’an Huanghe Photovoltaic Technology Co. LtdState-run Huanghe Machine-Building Factory Import and Export Corporation B896
Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd B896
Xi’an LONGi Silicon Materials Corp.Wuxi LONGi Silicon Materials Co. Ltd B897
Years Solar Co. Ltd B898
Yingli Energy (China) Co. LtdBaoding Tianwei Yingli New Energy Resources Co. LtdHainan Yingli New Energy Resources Co. LtdHengshui Yingli New Energy Resources Co. LtdTianjin Yingli New Energy Resources Co. LtdLixian Yingli New Energy Resources Co. LtdBaoding Jiasheng Photovoltaic Technology Co. LtdBeijing Tianneng Yingli New Energy Resources Co. LtdYingli Energy (Beijing) Co. Ltd B797
Yuhuan BLD Solar Technology Co. LtdZhejiang BLD Solar Technology Co. Ltd B899
Yuhuan Sinosola Science & Technology Co. Ltd B900
Zhangjiagang City SEG PV Co. Ltd B902
Zhejiang Fengsheng Electrical Co. Ltd B903
Zhejiang Global Photovoltaic Technology Co. Ltd B904
Zhejiang Jiutai New Energy Co. LtdZhejiang Topoint Photovoltaic Co. Ltd B906
Zhejiang Kingdom Solar Energy Technic Co. Ltd B907
 
Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd B911
Zhejiang Sunflower Light Energy Science & Technology Limited Liability CompanyZhejiang Yauchong Light Energy Science & Technology Co. Ltd B914
Zhejiang Trunsun Solar Co. LtdZhejiang Beyondsun PV Co. Ltd B917
Zhejiang Xiongtai Photovoltaic Technology Co. Ltd B919
ZHEJIANG YUANZHONG SOLAR CO. LTD B920
RENESOLA ZHEJIANG LTDRENESOLA JIANGSU LTD B921
Zhongli Talesun Solar Co. Ltd B922
ZNSHINE PV-TECH CO. LTD B923