Beginning on Aug. 6, the European Commission will impose company specific import duties from between 37.3 to 67.9% if an agreement with China is not reached by then.
The uniform tariff of 11.8% will be implemented on June 6 and run through Aug. 5. With the introduction of the anti-dumping duty, the customs guidelines introduced in March making it mandatory to register imports will no longer be in effect.
According to EU Regulation 513/2013, published Wednesday in the Official Journal of the European Union, the preliminary import duties for Chinese crystalline solar imports are based on "net free-at-Union-frontier price, before duty."
Before their release into the EU, imports are "subject to the provision of a security equivalent to the amount of the provisional duty."
This applies not only for products made in China but also for crystalline photovoltaic module, cell and wafer imports shipped from the country.
The uniform tariff of 11.8% applies to all companies concerned until Aug. 5. If the EU and China fail to reach an agreement, however, provisional import duties of an average 47.6%, which may vary depending on the company, will go into effect from Aug. 6 to early December.
According to the EU regulation, companies that have supported EU investigations and that have lower dumping margins as well as lower injury margins for EU manufacturers will face lower duty rates.
As a result, Yingli faces an import duty rate of 37.3%; Jinzhou, a rate of 38.3%; Suntech 48.6%; Trina 51.5%; LDK 55.9%; JA Solar 58.7%; and Delsolar an import duty rate of 67.9%.
For some 130 other companies that have cooperated in the EU investigation and are listed in the regulation annex, a preliminary duty of 47.6% will apply from Aug. 6. All other affected companies that did not cooperate in the EU inquiry will face import duties of 67.9%.
The EU Council of Ministers will make a final decision on the level, possible continuation and possible retroactive validity of the import tariffs on Dec. 5 through the EU member countries. No decision on the retroactive application of anti-dumping measures has yet been made. So far, a majority of countries have been opposed to the import duties.
For further details, see pages 40-41 of the Official Journal of the European Union.
Translated by Edgar Meza