EU excludes Topray Solar and BLD Solar from minimum price undertaking

The European Commission has excluded two more Chinese PV makers from the minimun price undertaking: Shenzhen Topray Solar Co. Ltd. (Topray Solar) and Yuhuan BLD Solar Technology Co. Ltd. (BLD Solar).

According to a document published in the EU official journal, the two producers have repeatedly violated the agreement on the minimum price of Chinese solar imports. The EC said that it started an investigation on these two companies in March, and that since then they have not been able to present evidence against the allegations.

According to the EC, BLD Solar has not been completely paid for more than a year for its solar module supplies by four allegedly “independent customers”. These outstanding payments, the EC stressed, can be considered as “unlimited credits” granted to the customers, which is not compatible with the undertaking.

Moreover, the EC had serious doubts about the existence of these clients. Brussels points to the similarity between the websites of BLD Solar and that of one of the customers, which also contains the same language errors. In addition, two customer accounts of the Chinese photovoltaic manufacturer coincide with two of the companies. BLD Solar is also accused of having repaid a considerable amount to one of the two companies, which the EU Commission believes is a compensation payment to circumvent the minimum import price.

Topray Solar, on the other hand, is said to have sold so-called consumer products together with the modules in large amount. These were included in the invoices. Topray Solar has also declared unilaterally without consulting the EC – additional devices such as chargers or solar fountains as products that are subject to the undertaking. In addition, the Chinese manufacturer had sold further products to the same customers, without notifying the EU Commission. Brussels believes that these are also compensatory transactions which are made to avoid the minimum import price. Similar to Topray Solar, it was also found that sales to two European clients had been conducted under a single customer account.

About 80 invoices made by Topray Solar between 2013 and 2016 were declared invalid by the EC. Brussels has also called on relevant authorities of member states to apply antidumping and anti-subsidy duties on these transactions.