Date: 2019-02-15Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2019/266 of 14 February 2019 terminating the anti-dumping proceeding concerning imports of solar glass originating in Malaysia
Issued by European Commission
· Directorate-General for Trade and Economic Security
Executive Summary:
This Commission Implementing Decision terminates the antidumping proceeding concerning imports of solar glass originating in Malaysia, which was initiated on May 23, 2018. The termination follows the withdrawal of the complaint by EU ProSun Glass on December 14, 2018. The decision was made on February 14, 2019, and became effective the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Initiation of Antidumping Proceeding:**
* On May 23, 2018, an antidumping proceeding was initiated regarding solar glass imports from Malaysia.
* The investigation was based on a complaint by EU ProSun Glass, representing Union producers.
* **Withdrawal of Complaint:**
* EU ProSun Glass withdrew its complaint on December 14, 2018.
* Article 9(1) of Regulation (EU) 2016/1036 allows termination upon withdrawal of the complaint, unless it is against Union interest.
* **Termination of Proceeding:**
* The Commission determined that continuing the investigation was not in the Union's interest.
* Interested parties were informed and given the opportunity to comment; ten users supported termination.
* The antidumping proceeding is terminated without imposing measures.
* **Decision Details:**
* The decision aligns with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036.
* The termination applies to solar glass falling within TARIC codes 7007 19 80 12 and 7007 19 80 18.
* The decision was adopted on February 14, 2019, and entered into force the day after publication.
Impact Analysis:
* **EU ProSun Glass (The Complainant):**
* *Impact:* The complaint they lodged did not result in antidumping measures.
* *Action Required:* No further action required.
* **Union Producers of Solar Glass:**
* *Impact:* No antidumping measures will be imposed on solar glass imports from Malaysia.
* *Action Required:* No further action required.
* **Malaysian Exporters of Solar Glass:**
* *Impact:* No antidumping duties will be imposed on their exports of solar glass to the EU.
* *Action Required:* No further action required.
* **EU Importers, Suppliers, and Users of Solar Glass:**
* *Impact:* Solar glass imports from Malaysia will not be subject to antidumping duties.
* *Action Required:* No further action required.
* **European Commission:**
* *Impact:* The antidumping proceeding is officially closed.
* *Action Required:* Ensure publication and enforcement of the decision.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for initiating the antidumping proceeding and ultimately terminating it.
Malaysia: The country of origin of the solar glass imports that were subject to the antidumping proceeding.
Regulation EU 2016/1036: The European Parliament and of the Council regulation on protection against dumped imports from countries not members of the European Union, providing the legal basis for the antidumping proceeding.
EU ProSun Glass: The complainant who lodged the complaint on behalf of Union producers, initiating the antidumping proceeding.
Treaty on the Functioning of the European Union: The treaty upon which the European Commission based their decision.
Brussels: The city where the decision to terminate the antidumping proceeding was made.
Jean-Claude Juncker: The President of the European Commission at the time of the decision.
Official Journal of the European Union: The official gazette of the European Union, where the notice of initiation and the implementing decision were published.
15.2.2019 EN Official Journal of the European Union L 44/31
COMMISSION IMPLEMENTING DECISION (EU) 2019/266
of 14 February 2019
terminating the anti-dumping proceeding concerning imports of solar glass originating in Malaysia
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on
protection against dumped imports from countries not members of the European Union (1), and in particular
Article 9(1) thereof,
Whereas:
1. PROCEDURE
(1) On 23 May 2018 the European Commission (‘the Commission’) initiated an anti-dumping proceeding concerning
imports of solar glass originating in Malaysia by publishing a notice of initiation in the Official Journal of the
European Union (2).
(2) The investigation was initiated following a complaint lodged by EU ProSun Glass (‘the complainant’) on behalf of
two Union producers representing more than 25 % of the total Union production of solar glass. The complaint
contained evidence of dumping and of resulting material injury that was considered sufficient to justify the
initiation of the investigation.
(3) In the notice of initiation, the Commission invited interested parties to contact it in order to participate in the
investigation. In addition, the Commission specifically informed the complainant, other known Union producers,
the known exporting producer and the Malaysian authorities, known importers, suppliers and users, traders, as
well as associations known to be concerned about the initiation of the investigation and invited them to
participate.
(4) All interested parties had an opportunity to comment on the initiation of the investigation and to request
a hearing with the Commission and/or the Hearing Officer in trade proceedings within the time limit set in the
notice of initiation.
2. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING
(5) By letter of 14 December 2018, the complainant informed the Commission that it wished to withdraw its
complaint.
(6) Under Article 9(1) of Regulation (EU) 2016/1036, proceedings may be terminated where the complaint is
withdrawn, unless such termination would not be in the Union interest.
(7) The investigation had not brought to light any considerations showing that a continuation of the case would be
in the Union interest. Therefore, the Commission considered that the investigation into imports into the Union of
solar glass originating in Malaysia should be terminated. Interested parties were informed accordingly and were
given an opportunity to comment. Ten users of solar glass came forward supporting the termination. No other
comments were received.
(8) The Commission therefore concluded that the anti-dumping proceeding concerning imports into the Union of
solar glass originating in Malaysia should be terminated without the imposition of measures.
(9) This Decision is accordance with the opinion of the Committee established by Article 15(1) Regulation (EU)
2016/1036.
(1) OJ L 176, 30.6.2016, p. 21.
(2) Notice of initiation of an anti-dumping proceeding concerning imports of solar glass originating in Malaysia (OJ C 174, 23.5.2018, p. 8).L 44/32 EN Official Journal of the European Union 15.2.2019
HAS ADOPTED THIS DECISION:
Article 1
The anti-dumping proceeding concerning imports of solar glass falling within TARIC codes 7007 19 80 12,
7007 19 80 18, originating in Malaysia, is hereby terminated.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
Done at Brussels, 14 February 2019.
For the Commission
The President
Jean-Claude JUNCKER