Polaris solar PV net news: United States countervailing first photovoltaic product comes to an end, photovoltaic production enterprises in China’s vitality is restored, United States countervailing then launched a second round of PV products, the reasons worth thinking about.
According to United States International Trade Commission official Web site shows that Sino-US “double reverse” (anti-dumping, anti-subsidy) investigations have reached the “end” stage, the questionnaire was launched on October 14, would then hold public hearings and other necessary procedures, United States Department of Commerce is expected to be announced on December 11, 2014 photovoltaic products anti-dumping to China and the final results of the countervailing duty.
United States of China’s photovoltaic products after the first anti-subsidy investigation, PV product disputes between China and tug of war continues, if the two sides in the US failed to reach a final decision before its release similar “price promise” of “reconciliation” agreement, Chinese enterprises will face adverse legal consequences.
Current PV product manufacturers in China, how to adjust tactics in order to defuse the crisis, is the primary issue of concern.
Acts of beauty to be WTO accreditation
This double investigation is not the United States launched the first round of photovoltaic products in China “double reverse” investigation, as early as October 19, 2011, Germany solar company solarworld’s United States Branch (Solar World) together with other 6 manufacturers to the United States International Trade Commission and United States Department of Commerce to apply requirements on China’s export of solar photovoltaic products for both surveys. United States Department of Commerce ruled in October 2012 18.32%~249.96% on Chinese PV products and components of the anti-dumping duty and the countervailing duty 14.78%~15.97%; in November, the United States International Trade Commission approved this decision, to make a final decision.
On January 23, the United States Department of Commerce announced on crystalline silicon photovoltaic product imported from China launched a second round of “double reverse” investigation, both from China’s Taiwan area import crystalline silicon photovoltaic products to launch anti-dumping investigations. United States Department of Commerce, launched the survey in response to solarworld United States Branch of the appeal, the company said, the Chinese mainland and Taiwan exports to the United States of crystalline silicon photovoltaic product dumping, while mainland Chinese exporters received government subsidies of more than permitted range. And the survey product range from “crystalline silicon photovoltaic cell” was extended to “crystalline silicon photovoltaic products”, including batteries, components, laminates, solar panels, etc.
United States Department of Commerce in June this year when gradually notice initial results of countervailing and anti-dumping. Among them, the Chinese mainland manufacturers subject to countervailing duties ranging from 18.56%~35.21%, as well as anti-dumping duties ranging from 26.33%~165.04%, Taiwan businesses were imposed anti-dumping duties ranging from 20.86%~27.59%.
Chinese companies in the United States suffered the “double reverse” investigation, China coming to United States exports of crystalline silicon photovoltaic products will be charged at rates up to 20.38% of cash deposits. If January 2015 United States authorities make the final award for affirmative ruling, United States Customs will be officially levied anti-dumping taxes on Chinese export-oriented enterprises.
Chinese enterprises in the United States hit the “double reverse” survey, United States, not impossible, there is no legal basis for it. CUPL international law college Dai Long Professor in accept reporter interview Shi said, generally trade relief measures are has protection native enterprise of function, in must degree Shang, also also is get existing of WTO method by recognized of, but United States wanton launched this “double anti-” measures, is violation has WTO of existing legal, this needs case analysis, even Dang both standoff down Shi, needs a third party of finds, like WTO dispute solution mechanism and expert institutions of award to for finds.
Cannot simple to through surface phenomenon to for finds, also cannot simple to finds China of PV enterprise no problem, like Government of some practices, and some subsidies does and existing of WTO rules not phase meet of place, but United States finds of China Enterprise exists dumping, and subsidies of behavior, while on China levy has anti-dumping tax and anti-subsidies tax, this itself actually in international law Shang is has controversy of, what is abuse, this needs WTO of dispute solution institutions to for award.
Strengthening the competitiveness of China’s manufacturing is one reason
United States countervailing first photovoltaic product comes to an end, photovoltaic production enterprises in China’s vitality is restored, United States countervailing then launched a second round of PV products, the reasons worth thinking about.
Dai Long view, production of photovoltaic equipment in China’s competitive advantages in the international market, and Chinese companies that export of PV devices a long time, in recent years, including the United States, the EU and other developed countries in a series of trade remedy investigations, which is indeed within the PV industry of China has had a certain impact. Not only is the United States launched a second round of “double reverse” investigation itself, also including the European Union launched “double reverse” investigation, to some extent can be said to be under the background of the economic downturn in most developed countries, under the influence of certain protectionism, have raised trade remedy Club on China’s export trade to “double reverse” investigation.
Dai Long also pointed out that Chinese companies ‘ own trade exports is in question, that is because Chinese companies have long backlogs of some excess capacity, leading China’s photovoltaic products rely heavily on the international market, especially those dependent on markets in developed countries, so they have caused the us to Europe and the United States for two years launched frequent trade remedy investigations.
Although China’s Government on a political level, including the leaders, and held consultations with other countries on other channels, but won’t be able to, or impossible to fundamentally curb their trade remedy actions.
Second reason is that photovoltaic products as a green energy environment in emerging areas of the economy, compared with other traditional areas of countervailing, photovoltaic industry represent a new form of energy industries, is in all countries, including Europe and the United States in their domestic advocacy field. Rapid development of photovoltaic products in China, is to stand with them in many ways on the same starting line. Due to our natural advantages of labor and raw materials, and makes our products better than their product more competitive when when exporting such products easily by these importers related industry boycott, their relevant government departments will be asked to launch the so-called countervailing investigations. In addition, the United States on the development of local renewable energy equipment to protect themselves, and also can be said to lead to one of the reasons Chinese companies suffered frequent anti-subsidy investigations.
PCG Antimonopoly and anti-unfair competition law firm Wang Junlin, Director of the Professional Committee, senior partner lawyer said in an interview with Xinhua: “the price difference is one reason for the difficulties of the Chinese exports of photovoltaic products, United States thinks China’s photovoltaic products at less than fair value sales, giving United States hurt similar industries. ”
Finally photovoltaic industry is one of my Government’s strong support of the industry. Wang Junlin pointed out that, under the direction of international policy development give new energy industry subsidies, however, we are in the process of accession, have not granted fair judicial treatment of countries with economies of developed countries, therefore, that also contributed to the Europe and other developed countries to China launched a “double reverse” investigation and one of the reasons.
Combination of positive rights and diversification
If the United States Department of Commerce made a final ruling that China dumping of PV devices exist, the next step may enter the United States International Trade Commission’s final investigation. How Chinese enterprises to deal with aspects, Dai Long believes that for Chinese companies, United States there is no final decision to impose countervailing duties on China, results are still turning hope. This reporter to the photosynthetic energy businesses in connection with an interview request, but received no reply as of press time ago.
Dai Long believe that Chinese enterprises can take to remedy firstly should follow the United States argued that anti-dumping provisions, such as proof of a positive response, until in the end, seek as much as possible with the United States through “price promise” that reached a certain degree of “reconciliation”, which is recognized by existing WTO law. This “price promise” in the case of other recognized, in the United States before the International Trade Commission’s final conclusions didn’t come out, China’s enterprises still have a certain scope for turning United States eventually to launch trade remedy.
United States against China’s “double reverse” investigation, there are alternative country survey questions. So surrogate country survey also is one of the solutions. As long as companies can prove their production and operations are carried out according to General market economy countries in, you don’t want to follow United States finds a surrogate country to deal with, which is the access to legal support in international law. Enterprises can show that makes the United States-at least not for Chinese enterprises to adopt quite adverse “surrogate country” finds the Chinese enterprise there is a relatively high margin of dumping, subsidies and imposed a high anti-dumping, countervailing duty.
Dai Long told reporters that: “when the rights of Chinese enterprises, under the influence of China’s traditional culture, there is a sick of explaining the psychological tendencies, fear of litigation, one reason why it is not responding. “Because all the anti-subsidy investigation was launched involving businesses will be very wide, companies may not be willing to play a leading role, preferring to assume corresponding and punish those responsible, the shortcomings of the Chinese company. This first Chinese companies needed to change such attitudes, and secondly, the Chinese Government, as well as professionals, so is better suited to work together to convince enterprises to actively fight for their own interests.
Finally, the companies themselves should be certain considerations on overseas and domestic markets. “Chinese enterprises should now be thinking about how to diversify, diversify risk, continues to expand in emerging markets and the domestic market, develop independent technologies and independent industry. “Wang Junlin said.
Original title: photovoltaic business market to choice