Antidumping Application for Solar Modules Imported From China 18 May 2017
“The Communique for the Prevention of Unfair Competition in Importation No. 2017/6” (“Communique”) was published in the Official Gazette dated 1 April 2017 and numbered 30025. In accordance with such Communique, the below stated rates of strict measure (“kesin önlem”) against damping shall apply on the importation of solar panel and modules imported from China.
|
GTIP |
Origin |
Corporate Name |
USD Dollar/m2 |
|
8541.40.90.00.14 Photovoltaic (solar) module and panels |
People’s Republic of China |
Hanwha Q Cells (Qidong) Co. Ltd. |
20 |
|
Zhejiang Jinko Solar Co., Ltd, and Jinko Solar Co., Ltd. |
20 |
||
|
Chint Solar (Zhejiang) Co. Ltd. |
20 |
||
|
Byd (Shangluo) Industrial Co. Ltd. |
20 |
||
|
Canadian Solar Manufacturing (Changshu) Inc. |
20 |
||
|
Canadian Solar Manufacturing (Luoyang) Inc. |
20 |
||
|
CEEG (Shanghai) Solar Science Technology Co. Ltd. |
20 |
||
|
CEEG Nanjing Renewable Energy Co. Ltd. |
20 |
||
|
Changzhou Trina Solar Energy Co. Ltd. |
20 |
||
|
Trina Solar (Changzhou) Science & Technology Co. Ltd. |
20 |
||
|
Hainan Yingli New Energy Resources Co. Ltd. |
20 |
||
|
Yingli Energy (China) Co. Ltd. |
20 |
||
|
Hefei Chinaland Solar Energy Co. Ltd. |
20 |
||
|
|
|
Jiangsu Seraphim Solar System Co. Ltd. |
20 |
|
Perlight Solar Co. Ltd. |
20 |
||
|
Renesola Jiangsu Ltd. |
20 |
||
|
Others |
25 |
Since the Communique came into force upon its promulgation in accordance with Article 6 of the same, this strict measure commenced to apply immediately upon the promulgation of the respective Communique in the Official Gazette without any grace period and pursuant to Article 5 of the respective Communique titled “Application”; the customs administrations shall apply the above stated rates of strict measure indicated for each related product upon the importation of these products under release for free circulation regime.
In addition; pursuant to Article 12 of the Opening Communique numbered 2016/29, there isn’t any “already commenced transaction” concept or exemption with respect to the application of the Communique.
Accordingly; since there isn’t any exemption imposed for the already ordered/on the way products or for the products already stored in the warehouses in the port, the mentioned strict measure shall also be applicable on the already ordered/on the way products which are not registered for the release for free circulation on the date of the promulgation of the Communique. In that respect, if the declaration of release for free circulation is not issued for the solar modules and panels imported from China on the date of the promulgation of the respective Communique, such products shall be subject to strict measure against damping at the rates indicated above.
Although it is stated under Article 9 the Law for the Prevention of Unfair Competition in Importation numbered 3577 (“Law”) that the strict measure against damping shall be collected by the customs administrations independently from other taxes to be applied on importation or shall be collateralized, such collaterals mentioned under the respective Article are the ones obtained related to the preliminary measures during the process of the inspection. Accordingly, it is not possible to submit collateral for the strict measures once the inspection is finalized.
Although there are some legal and administrative procedures which may be followed against the application of such antidumping measures, such procedures should be structured delicately prior to the registration of the release for free circulation and followed by experts in this field, in order not to lose any right to make a request in the future.
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