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Chinese solar dumping complaint calls for 120% duties hike

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Published 26 September 2012, updated 02 October 2012

The anti-dumping complaint against China's solar panel manufacturers levelled by the EU ProSun group appears to call for price tariffs on Chinese solar products of up to 120%, EurActiv has learned. EU ProSun filed a separate anti-subsidy suit against China in Brussels yesterday (25 September).

The group, which is led by Germany’s SolarWorld AG, says that for EU countries to operate profitably, anti-dumping price increases are needed of 120% for Chinese solar modules and wafers, and 80% for Chinese solar cells, according to legal documents posted online.

“If the anti-dumping investigation results in the types of increases in costs that are being requested of the EU, we’re looking at a return to 2009 prices without 2009 feed-in tariffs,” said Jodie Roussell, a spokeswoman for Trina Solar.

The Changzhou-based Trina Solar is one of the companies being investigated by the European Commission, along with Yingli Green Energy, Suntech Power Holdings Co Ltd, and Canadian Solar Inc.

Until yesterday, details of ProSun's earlier anti-dumping complaint had not been made public. But a legal summary, published by a rival coalition, the Alliance For Affordable Solar Energy (AFASE), outlined what they said was the core case against the Chinese companies. 

This is that dumping margins – the difference between Chinese domestic sales prices and export prices to the EU – are running at 60-70% for solar modules, 70-80% for solar cells and 80-90% for solar wafers.

AFASE claims that the complaint has been calculated according to US prices – rather than actual Chinese sales figures – due to a claim that China is a non-market country.

“Thus, EU ProSun has arrived at dumping margins that are unrelated to the actual sales prices and costs in China,” the legal summary asserts.

Although EU ProSun has not provided its own legal summary, it disputes this interpretation, arguing that the Commission can only impose duties at the slimmer end of its dumping and injury margins.

China currently accounts for more than 50% of the world’s photovoltaic production.

Anti-subsidy suit

But the anti-subsidy suit that EU ProSun filed yesterday targets Chinese state banks for allegedly providing illegal credit lines that have enabled this market domination.

In a similar case that SolarWorld pursued in the United States, the US Department of Energy ruled that Beijing had provided over $25 billion in subsidies to its budding clean technology sector. 

"We're calling for the European Commission to go to China and look at their books, and I expect that they will find even more [than $25 billion of subsidies]," Milan Nitzschke, a vice president of SolarWorld AG, told EurActiv.

"The China Construction Bank offered credit lines of about €33 billion to companies which would never get a loan in the Western world," he said.

"Those companies can go to Western banks and ask for a loan with a low interest rate and it is beating European companies out of business."

China now has enough capacity to meet worldwide solar demand twice over, Nitzschke claimed, a "totally crazy" situation that ProSun intended to correct.

The European Commission has 45 days to decide whether to open an investigation into its case, which risks provoking retaliatory measures by Beijing.

Lion’s share of the market

The details of the EU ProSun case emerged as the EU’s Joint Research Centre published a report finding that two-thirds of global PV installations - with an output of 18.5 GW – took place in Europe last year.

The continent’s overall PV capacity now stands at 52MW, allowing it to meet around 2.2% of the EU’s electricity needs, enough to power a country with the electricity demand of Austria. 

In all, €98.5 billion was invested globally in the clean energy technology in 2011.

According to a separate report published by the European Photovoltaic Industry Association (EPIA) yesterday, an acceleration of solar supply to meet as much as 15% of Europe’s electricity by 2030 is now “very realistic”. 

The action plans of member states currently envisage the EU deriving just 2.4% of its electricity by 2020. But the bloc is already approaching this figure and EPIA predicts PV will account for at least 4% of Europe’s power by the end of the decade.

“The markets for solar PV are expanding and widening rapidly,” Frauke Thies, EPIA’s policy director, told EurActiv.

However, the very success of Solar PV has sparked calls from some, like the EU’s energy commissioner, Günther Oettinger for a scaling back of current subsidy policy.

'Too much support for renewables'

“There has been too much support [for renewables] in some cases,” he said at an energy ministers’ press conference in Cyprus earlier this month. “More has been done to encourage renewables than necessary, leading to ‘free rider’ effects.”

The ‘free rider’ jargon refers to cost-inefficient renewables projects which receive public funding from EU states. 

“We’re preparing [to ensure] that support scheme for renewables should gradually reduce over time,” Oettinger said. “How long? That’s the question.”

The EU’s forthcoming internal energy market proposal, which EurActiv has seen, says that support scheme rules “need to be regularly reviewed as to their continuing necessity and proportionality”.

The document also flags a forthcoming guidance from the European Commission on “best practice and experience gained in renewable energy support schemes and on support scheme reform”.

Three scenarios

Regardless of the regulatory backdrop, EPIA’s paper ‘Connecting the Sun’ projects three scenarios for the uptake of solar PV in Europe’s electricity grid:

  • Under a baseline business as usual scenario, solar PV makes up 4% of electricity provided in 2020 and 10% in 2030;
  • These figures rise to 8% and 15% respectively under an accelerated scenario;
  • With a paradigm shift scenario, a 12% and 25% share of the continent’s electricity pie could be achieved.

The study argues that even without major grid upgrades, high levels of PV penetration are possible, using a mix of existing storage facilities, demand-side management, and PV’s on-or-near-site generation potential to obviate the need for transmission lines.

In some 15 regions of the EU, PV already covers close to 10% of the annual electricity demand, and in Extremadura in Spain, it provides more than 18% of power.

Over the last decade, Europe’s PV industry grew by an average of over 40% a year, while production costs fell by around 60%.

Positions: 

A statement sent to EurActiv by EU ProSun said: "To the extent the Commission investigation were to confirm margins of dumping and injury that we saw when drafting the complaints, the Commission could propose measures only at the lower of those two margins, not at the higher.  Thus, EU law limits the level of duties imposed to the lesser of the dumping margin and the injury margin." 

"We talk generally about 60 – 80% solar dumping margins and other numbers depending on whether modules, wafers or cells," the statement continued.  "The “dumping margin” is the margin by which the price on a producer’s domestic market - or analogue country market in the case of China - exceeds the price of exports to the EU.  The 'injury margin' is the margin by which the landed EU price of imports is below the EU producer price (adjusted to include full costs and a reasonable profit if not already reflected in the EU producer price)."

Next steps: 
  • Dec. 2013: Deadline for imposition of duties on China, following the EU's investigation
Arthur Neslen

COMMENTS

  • ProSun can ask for 120% dumping margins - but it first needs to prove injury - & that might be difficult given the rapid growth of the market. Of course, the Chinese defendants will need to prove no-injury and that is slightly trickier but still do-able.

    I'm sure the lawyers the Chinese pick to help them with the case will be up to the job, although, given past cases and the rather dismal record (I think it is 100% failure rate so far isn't it for lawyers defending EU anti-dumping cases against Chinese products?) then one expects another lost case. Still, the Chinese can console themselves that they always pick the best legal team (cue laughing fading into the distance).

    By :
    Mike Parr
    - Posted on :
    26/09/2012
  • ProSun making a complaint. They have never had it so good!

    Now with the new Photo-Voltaic systems developed in recent time with a cost effective system incorporating Ultra-Thin Spray-Applied Paint-Thickness materials a few millimetres thick that can be applied to any surface and connected up at will the industry has moved onwards. This system which is due to be started in manufacture after a major investment drive will result in a system that that will barely reach 30% of existing P_V systems employing in an immediate push that will still be immensely profitable.

    This system can be applied to any surface be it an existing and or old one such as a building or its roof and even the most unlikeliest of structures such as a bridge a factory a dam wall an airport roof a reservoir or any structure. Imagine that this could be retrofitted to the iconic Eiffel Tower or the Mileu Viaduct and even the unusual structures we see such as the Dams used to impound water for use or indeed a railway or road cutting and its bridges. And all of this has the potential to be a protective finish as well so no more continuously painting such structures: a two-in-one solution.

    With investor/companies in the industry awaiting this development rumoured to be founded in Malta Cyprus and Turkey will be a major development sorely needed for the future Renewable Energy sector. And no doubt the existing companies will be very nervous at the loss of their positioning.

    Even the PRC (Peoples Republic of China) and Korea will be viewing this as a market leader in the future when by using this system the FIT (Feed-In Tariff) available under the RED (Renewable Energy Directive) will not be necessary at all.

    This is a huge development heralds the new wave of thinking in the development of P_V systems and those like ProSun should not be bellyaching about their current plight and cost differences to the PRC or Brazil or the USA but seriously cutting their inbuilt phenomenally expensive costs as well as the future.

    By :
    Victoria
    - Posted on :
    28/09/2012
  • Dear Mr M Parr:

    From here in Bulgaria we will prefer to buy Chines makes and even Korean makes of p-v cells as we cannot afford these ProSun prices. Now even Brazil is making them for less than half the price of ProSun.

    I am very much liking these Paint Finish systems as they are the future. I saw a tril sample earlier this year and at 4 mm thick and a spray-applied system wonderful We rhink that the establishment in Malta is good as it is the right place to locate these companies even though Bulgaria was short-listed for it as they speak English and it is very accessible.

    By :
    Karel Yurian
    - Posted on :
    28/09/2012
  • This Solar World petition is a real nonsense.

    With these developments in painted finish P-V systems talked about here their programme is dead in the water. The prices of existing P-V systems are too high and the Public are fed up with whinging companies that make a mint from the subsidies to install these P-V cells as well as exceedingly high FITs for the electricity produced.

    Why even the Moroccan CSP/P-V proposal is looking at this new generation of P-V cellular systems. After all saving 2/3 the costs of investment has to be right.

    And perhaps they might have read the fact that when they competed recently against tenders in the EU their bid was not low enough, and the Canadians and Americans won the day. Arethey going to take these Countries to Court as well?

    By :
    Paul
    - Posted on :
    28/09/2012
  • Very well Mr.Gunther Oettinger we need politicians that turn Epia members so fat have learned to bemore caution with public money and listened plenty advices to don´t do this. Now when finish easy money they are not competitive.

    By :
    antonio cristovao
    - Posted on :
    28/09/2012
  • Very well said Antonio.

    When the going gets tough these Companies start moaning. They have had their cake and eaten very well, so now if they don't like it tough!

    This exciting development talked of here about paint thick photovoltaic cells is brilliant. So that will knock on the head the other systems. Roll on the development and their manufacturing base in the EU. Obviously it is profitable to make this here in the EU and choising a good location is essential otherwise it also would be lost to the Chinese.

    By :
    Peta
    - Posted on :
    28/09/2012
  • If a country wants to subsidise us so that we have cheaper energy and therefore we can produce something more profitably that we can then sell to them - great

    By :
    ken
    - Posted on :
    29/09/2012
  • Well: Mr Ken, perhaps you might like to be reminded that it is because the derivatie energy base made from fossil fuels is so heavily subsidised that your general taxes are so high. You cannot have your cake and eat it. There is only a certain amount of real tangible money around and subsidies to heavily profitable industries are a nonsense.
    These P-V companies are raking it in at our expense. They get it three ways:-1 by direct grants, 2 by FIT (Feed-In-Tarrifs) and 3 by reduced Corporation Tax. Very nice if you can have it.
    So now they are moaning about their plight when the PRC Canadians Brazilians and Koreans make the same P-V equipment at a significantly lower base cost it make you feel very sorry! I do not think so somehow! And this is the same with the Wind Energy cartel and the Biomass Incineration/Burning conies. They are all in it for financial gain. If that were not so then why is it that majoe power companies in the USA and Canada are busily promoting their sourcves of palletised biomass (wood) to be sold in the EU? This is nothing to do with GHG savings it is to capitalise on the EU Subsidies which they will cream off on top of their own in the North Amerioas! And yes Mr Gunteher Oettinger has to get this sorted out as Antonio Cristovas reports.

    By :
    Karel
    - Posted on :
    29/09/2012
Background: 

The International Energy Agency has predicted that solar could provide “a third of the global final energy demand after 2060”.

But despite its huge promise, solar currently provides less than 1% of energy sold globally, in part due to its variable nature and low intensity. The main reason for this has been difficulties exploiting the resource on a large scale and at a competitive price.

Solar electricity will become attractive when it falls below "grid parity," the point at which renewable energy becomes cost-competitive with conventional sources like fossil fuels. Europe is nearing this point.

Favourable regulatory regimes and rapid technological evolution in the industry helped the sector to get onto its feet quickly. But many in the industry now fear that the sudden removal of tariffs, often retroactively as seen in Spain, is damaging future growth prospects, particularly in Europe.

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