EU PV anti-dumping preliminary ruling announced on the 5th

This week, the China-European PV battle ushered in a tit-for-tat matchup. China's anti-dumping preliminary ruling on the EU's polysilicon double anti-dumping will be released on the 5th. Industry analysts believe that if the European Commission insists on temporary taxation of China PV, it may trigger a trade war.

Under the arrogance of the surface, a more long-term layout is also undercurrent. The "Economic Information Daily" reporter recently learned from the people close to the PV case that while the anti-dumping preliminary ruling was issued soon, the European Commission's countervailing investigation has also been completed, and will report to the member states next month and enter the voting process. What deserves special attention is that in this case, the European Commission has cleverly laid out the application of low-tax rules to avoid "double relief". It is a long-term plan and is intended to pave the way for the protection of so-called "Chinese subsidies".

On the 5th, the European Commission will announce the preliminary results of anti-dumping against PV in China. A senior industry insider familiar with the case said that there are currently three possibilities: First, the European Commission announced the imposition of temporary tariffs, which means the opening of the Sino-European trade war, because even if the final decision in December is no longer taxed, 6 The temporary taxation of the month is a catastrophe for many Chinese PV companies. Second, the European Commission is under pressure from the majority of member states to announce a postponement of the decision; the third is the European Commission’s decision to declare taxation. But it will not be implemented.

However, many insiders said that the first situation is the most likely, and the "ambitious" European Commission Trade Commissioner De Gucht sought more from the Belgian political circles for his personal "political legacy" and after leaving the European Commission. A high position will definitely do its best to achieve its purpose. Therefore, even in the face of opposition from 18 member states, he will continue to push for taxation plans to ensure that more complex investigations in areas such as China's communications can be promoted.

At the same time that the anti-dumping preliminary ruling was released soon, the Economic Information Daily reporter was informed that the European Commission’s countervailing investigation and evidence collection for Chinese enterprises and governments has been completed, and an investigation report will be formed in the middle of next month to disclose and enter the voting procedure to member states. The results of the countervailing preliminary ruling are expected to be announced in early August.

On November 8, 2012, two months after the anti-dumping case was filed, the EU issued a countervailing investigation against China's PV products. According to the EU trade defense policy, if there is sufficient evidence to prove that the subsidy is true, the EU can impose temporary countervailing duties within 9 months.

"In this round of anti-subsidy preliminary vote, the European Commission will certainly work harder to do more lobbying work for the member states in advance, because the European Commission urgently needs to save the face lost in the last vote. This round of voting The situation will be more complicated, and the consultations between China and Europe in the next few weeks will have a big impact," said an informed insider in Brussels.

It is noteworthy that a senior industry insider who is close to the case said that in this case, the European Commission is likely to copy the practice of double-countersuits against the Chinese copper-coated paper case and apply the “low-tax rule”. This approach not only achieves the purpose of anti-dumping and countervailing, but also technically circumvents the “double relief” that the WTO rules do not allow (that is, the anti-dumping and countervailing duties imposed on non-market economy countries simultaneously, but not Do any correction steps).

The so-called "low tax rule" means that in addition to the dumping margin and the subsidy range, a "damage" (ie, the difference between the price of the exporting country and the EU industrial selling price) is determined, and the lower "damage" is selected. Taxation is different from the United States’ taxation based solely on the extent of dumping and the extent of subsidies.

For example, in the previous coated paper case, Jinguang Group APP (China) Co., Ltd. subsidized by 12%, dumping margin by 43.5%, and damage by 20%. If the tax rate and the dumping margin were combined, the total tax rate should be 55.5% is also likely to constitute "double relief." However, according to the low tax rules, the EU can only tax 20% of the damage caused by the case. (The temporary tax rate for the anti-dumping preliminary ruling in the case is 19.7%. The anti-subsidy preliminary ruling will not be taxed for the time being. In the final ruling, the anti-dumping duty is 8% and the countervailing duty is 12%.)

"The European Commission's non-regular man-made carvings, the main goal is to break the law's prohibition of double relief by virtue of the flexibility of low-tax rules, and to create a double-counter case for non-market economy countries that can stand up." People pointed out.

Previously, the foreign media disclosed the contents of the European Commission's taxation proposal, that is, an average penalty rate of 47.6% was imposed on Huadian's photovoltaic products according to the extent of the damage. The above-mentioned person said that the tax basis is the difference between the export price of China's PV products and the European sales price. Since China does not obtain market economy status, it must refer to the selected third country price. This damage level is the same as the dumping margin. The European Commission has great randomness and subjectivity in determining the tax. "In the photovoltaic case, the European Commission has not yet made a preliminary ruling. It has released the wind in the media and determined that China's PV products have serious dumping and damage. The average tax will be imposed on unsampling enterprises by 47.6% according to the damage. However, in the investigation file of the European Commission. There is no public version of the survey questionnaire for Indian reference companies."

That is to say, according to the European Commission's survey method, the key factor that can determine the level of taxation is the difference in the survey period, which has little to do with the subsidy. The countervailing investigation cannot raise the tax rate that Chinese PV companies must eventually be imposed. A single anti-dumping investigation can also achieve a tariff of 47.6%. So why is the European Commission going to do more?

“Countervailing subsidies are a more long-term layout.” Senior industry insiders pointed out that because there is a big difference in symbolic meaning, unlike anti-dumping that simply points to enterprises, countervailing is aimed at the Chinese government and enterprises. The proof confirms that the competitive advantage of Chinese products from the legal level is not only due to the fact that low prices also stem from unfair subsidies. At the institutional level, this will be a heavy blow to China and a stronger political meaning.

On the other hand, it is also to open the door to China. In fact, the EU has been planning for China for a long time. In 2007, the then EU Trade Commissioner Peter Mandelson proposed in an internal reform document that the "gap" should be opened for the EU's long-standing "non-market economy" not applying the principle of countervailing. In 2010, the European Commission launched the first case of countervailing against China, and at the same time launched an anti-dumping investigation, namely the double-counter case of coated paper. The PV case is clearly the continuation of the coated paper case and is upgraded in terms of the amount and impact of the case.

Some European legal figures pointed out that "the EU is changing its trade remedy policy toward China and has begun to shift from single use of anti-dumping to more use of countervailing." For the EU, there is another consideration that China will automatically obtain a market economy by 2016. The status, then the anti-dumping duties on Chinese products will become quite difficult, and the countervailing weapons will obviously be better.

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