EU “Administrative Procedure” to Impose Mandatory Registration of Chinese Solar Equipment

The European Union is set to publish a Commission Regulation that will impose the mandatory registration of all imports of solar modules, cells and wafers that originated in China.

The registration of systems is a normal function of the EU Commission’s investigation and is necessary to determine whether or not any anti-dumping and/or countervailing duties will be applied retroactively.

According to the Alliance for Affordable Solar Energy (AFASE) the EU commission will publish the Commission Regulation ordering registration in the EU Official Journal on or before 8 March 2013. This is because duties can only be imposed retroactively for a maximum of 90 days before the imposition of provisional anti-dumping duties. As the EU’s investigation is set for 6 June, this would give the EU Commission the longest possible period of registration.

Any Chinese solar goods imported into the EU during the upcoming period of registration will not be subject to any anti-dumping or countervailing duties. However, if the EU Commission decides to impose any duties in the future, imported goods registered by the EU could face the imposition of retroactive duties. EU Trade Spokesman John Clancy said:

“Let’s be very clear: registration of imports of a certain product in trade defense procedures is nothing out of the ordinary. It simply allows the industry concerned to mark a reference date so that there can be an option for retroactive measures if the case concludes in their favor. This type of registration is automatic in trade defense actions in other major trade partners – whereas in Europe it has to be requested by the industry. So let’s not interpret this as suggesting anything – it is simply administrative procedure.”