Commission implementing new EU regulation on the origin of cells for anti dumping

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antidumping dispute
by Felice Lucia

In order to ensure the correct and uniform implementation of the provisional antidumping duties, a detailed rule for the interpretation of the principle of Article 24 of Regulation (EEC) No 2913/92 for the determination of the origin of the products covered by those measures needs to be laid down with regard to crystalline silicon photovoltaic modules or panels and one of their key components, crystalline silicon photovoltaic cells.

The production process of crystalline silicon photovoltaic modules or panels can be divided into the following major steps: production of silicon wafers; processing of silicon wafers into crystalline silicon photovoltaic cells; assembly of several crystalline silicon photovoltaic cells into a crystalline silicon photovoltaic module or panel.

The most important stage in the manufacture of the crystalline silicon photovoltaic panels or modules is the processing of silicon wafers into crystalline silicon photovoltaic cells. That is the decisive production stage during which the use to which the component parts of the panel or module are to be put becomes definite and where they are given their specific qualities.

The European Commission is proposing a new regulation with specific rules to determine the origin of cells and modules.

A copy of the proposed rules is attached hereto.

 

Based on this proposal :

 

(i) A cell will have the origin in the country where it is manufactured from a wafer. This is because the cell falls under tariff heading 8541 which is different from the tariff heading 3818 for the wafers.

 

(ii) A solar module / panel will have the origin of

 

- the country of the cells that are used to manufacture it if all cells have the same origin

 

- the country of origin of the cells that represent the  major portion in value of the cells used in the module when cells of different origin are used to manufacture the module / panel.

 

The following are illustrative examples of the impact that the new rules may have :

source: http://afase.org/

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