Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037

COMMISSION IMPLEMENTING REGULATION (EU) 2017/366

of 1 March 2017

imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037

Article 1

The following product types are excluded from the definition of the product concerned:

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

• —thin film photovoltaic products,

• —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),

• —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.

[^E0001]: (¹)Companies mentioned in Annex II to the parallel anti-dumping Commission Implementing Regulation (EU) 2017/367 of 1 March 2017 imposing a definitive anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from 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 and terminating the partial interim review investigation pursuant to Article 11(3) of Regulation (EU) 2016/1036 (see page 131 of this Official Journal) shall have the TARIC additional code mentioned in that Annex II.

2a.  The amount of the definitive countervailing duty applicable to the product described in paragraph 1, currently falling under the TARIC codes listed in new paragraph 4 and produced by the named legal entities set out in in Annex 5, shall be the difference between the minimum import prices fixed in the next subparagraph and the net free-at-Union-frontier price, before duty, if the latter is lower than the former. No duty shall be collected where the net free-at-Union-frontier price is equal to or higher than the corresponding minimum import price set out in the table below. In no event shall the amount of the duty be higher than the ad valorem duty rate set in paragraph 2. The application of the measures for the companies mentioned in Annex 5 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice indicating the elements set out in Annex 4.

For the purpose of the previous subparagraph, the minimum import price set out in the table below shall apply. Where it is found, following post-importation verification, that the net free-at-Union-frontier price actually paid by the first independent customer in the Union (post-importation price) is below the net free-at-Union-frontier price, before duty, as resulting from the customs declaration, and the post-importation price is lower than the minimum import price, an amount of duty equivalent to the difference between the minimum import price set out in the table below and the post-importation price shall apply, unless the application of the ad valorem duties set out in paragraph 2 plus the post-importation price lead to an amount (price actually paid plus ad valorem duty) which remains below the minimum import price set out in the table below.

The minimum import price (MIP) will decrease each quarter for each corresponding product type:

The legal entities which are neither listed in paragraph 2 nor in Annex 1 or Annex 5 shall be subject to the combined ad valorem duty rates applicable to ‘all other companies’ set out in paragraph 2.

Mono-crystalline silicon photovoltaic modules or panels currently fall under TARIC codes 8541409041 , 8541409042 , 8541409043 and 8541409049 . Mono-crystalline modules are made out of mono-crystalline cells.

Multi-crystalline (also called poly-crystalline) cells of the type used in crystalline silicon photovoltaic modules or panels with a thickness of the cells not exceeding 400 μm currently fall under TARIC codes 8541409071 , 8541409072 , 8541409073 and 8541409079 . Multi-crystalline cells are made of multi-crystalline silicon (multi-Si) consisting of small crystals and have a perfectly rectangular shape.

Mono-crystalline cells of the type used in crystalline silicon photovoltaic modules or panels with a thickness of the cells not exceeding 400 μm currently fall under TARIC codes 8541409061 , 8541409062 , 8541409063 , and 8541409069 . Mono-crystalline cells are made of mono-crystalline silicon (mono-Si), a continuous crystal and have their four corners cut off.

Article 4

• (i) by (company name and address) (TARIC additional code) in (country concerned); OR

• (ii) by a subcontracted third party for (company name and address) (TARIC additional code) in (country concerned)

• (delete as appropriate one of the two above options)

• with the crystalline silicon photovoltaic cells manufactured by (company name and address) (TARIC additional code [to be added if the country concerned is subject to original or anti-circumvention measures in force]) in (country concerned). I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented and/or one or both of the TARIC additional codes are not provided in the above-mentioned declaration, the duty rate applicable to ‘all other companies’ shall apply and shall require the declaration of TARIC additional code B999 in the customs declaration.

Article 5

The partial interim review initiated pursuant to Article 19(3) of Regulation (EU) 2016/1037 of the countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China ([^E0002]) is terminated.

Article 6

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be in force for a period of 18 months.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX 1

ANNEX 2

The following elements shall be indicated in the Commercial Invoice accompanying the Company's sales to the European Union of goods which are subject to the Undertaking:

• 1.The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

• 2.The name of the Company issuing the Commercial Invoice.

• 3.The Commercial Invoice number.

• 4.The date of issue of the Commercial Invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.

• 6.The exact plain language description of the goods and:

• —the product code number (PCN),

• —technical specifications of the PCN,

• —the company product code number (CPC),

• —CN code,

• —quantity (to be given in units expressed in Watt).

• 7.The description of the terms of the sale, including:

• —price per unit (Watt),

• —the applicable payment terms,

• —the applicable delivery terms,

• —total discounts and rebates.

• 8.Name of the Company acting as an importer to which the invoice is issued directly by the Company.

• 9.The name of the official of the Company that has issued the Commercial Invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Implementing Decision 2013/707/EU. I declare that the information provided on this invoice is complete and correct.’

ANNEX 3

Export undertaking certificate

The following elements shall be indicated in the Export Undertaking Certificate to be issued by CCCME for each Commercial Invoice accompanying the Company's sales to the European Union of goods which are subject to the Undertaking:

• 1.The name, address, fax and telephone number of the China Chamber of Commerce for Import & Export of Machinery & Electronic Products (CCCME).

• 2.The name of the company mentioned in the Annex of Implementing Decision 2013/707/EU issuing the Commercial Invoice.

• 3.The Commercial Invoice number.

• 4.The date of issue of the Commercial Invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs cleared at the European Union frontier.

• 6.The exact description of the goods, including:

• —the product code number (PCN),

• —the technical specification of the goods, the company product code number (CPC) (if applicable),

• —CN code,

• 7.The precise quantity in units exported expressed in Watt.

• 8.The number and expiry date (three months after issuance) of the certificate.

• 9.The name of the official of CCCME that has issued the certificate and the following signed declaration:

‘I, the undersigned, certify that this certificate is given for direct exports to the European Union of the goods covered by the Commercial Invoice accompanying sales made subject to the undertaking and that the certificate is issued within the scope and under the terms of the undertaking offered by [company] and accepted by the European Commission through Implementing Decision 2013/707/EU. I declare that the information provided in this certificate is correct and that the quantity covered by this certificate is not exceeding the threshold of the undertaking.’

• 10.Date.

• 11.The signature and seal of CCCME.

ANNEX 4

The following elements shall be indicated in the Commercial Invoice accompanying the Company's sales to the European Union of goods which are subject to the countervailing duties:

• 1.The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO ANTI-DUMPING AND COUNTERVAILING DUTIES’.

• 2.The name of the Company issuing the Commercial Invoice.

• 3.The Commercial Invoice number.

• 4.The date of issue of the Commercial Invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.

• 6.The exact plain language description of the goods and:

• —the product code number (PCN),

• —technical specifications of the PCN,

• —the company product code number (CPC),

• —CN code,

• —quantity (to be given in units expressed in Watt).

• 7.The description of the terms of the sale, including:

• —price per unit (Watt),

• —the applicable payment terms,

• —the applicable delivery terms,

• —total discounts and rebates.

• 8.The name and signature of the official of the Company that has issued the Commercial Invoice.

ANNEX 5

[^E0002]: Notice of Initiation of a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (OJ C 405, 5.12.2015, p. 33).