The anti-dumping committee of the EU member states will vote on the anti-dumping and countervailing cases of Chinese PV products on the 15th of this month. It is understood that although the main evidence of the "double counter-case" in this case is difficult to convince, from the current point of view, the preliminary ruling prospects are still not very optimistic.

In March of this year, when the European Commission initiated the automatic registration system for photovoltaic products in China, it clearly stated in relevant legal documents that the investigation team had obtained sufficient preliminary evidence to prove that the above-mentioned products imported from China had implemented dumping on the EU market. At the same time, it also has sufficient prima facie evidence to prove that there are different kinds of subsidies for China's exports of PV products to the EU, including preferential loans, credit lines and export credits of state-owned banks and policy banks. In terms of industrial damage, the investigation team also has sufficient prima facie evidence that China’s dumping and subsidies on EU PV exports have caused “impairable damage” to EU-related industries.

In the investigation and interview, it was found that the evidence of the dumping and illegal subsidy of the so-called Chinese PV products provided by the initiator of the case and the EU Photovoltaic Industry Alliance Pro-sun during the investigation of the case was difficult to establish.

A European PV company who asked not to be named revealed to reporters that there are some little-known business reasons behind the so-called "low-cost dumping" that the PV industry industry has accused Chinese companies. The industry insider said that as a special industrial chain model of the photovoltaic industry, PV manufacturers often sign long-term contracts (such as 10 years) with upstream polysilicon manufacturers to avoid risks. Once the contract is signed, the supply price will be fixed or only allowed to fluctuate slightly. In recent years, the global spot price of polysilicon has experienced huge fluctuations, and the long-term contract price and spot price are significantly reversed. According to her, in the beginning of 2008, global polysilicon prices once soared to 450 US dollars / kg, when some European PV manufacturers worried about the future rise in polysilicon prices, they signed a long-term contract at a high point.

Subsequently, the price of polysilicon fell all the way down to the level of 50 US dollars / kg to 100 US dollars / kg after 2009, leading to high raw material costs for companies signing long-term contracts, while those who purchase from the spot market enjoy the cost. Advantage. It is understood that many EU companies involved in the launch of the PV investigation have signed long-term agreements at high prices, resulting in high costs.

In addition, the industry also revealed that as the largest initiator of the EU PV industry alliance, the German photovoltaic company SolarW orld itself is a large subsidy. Under the high cost of raw materials, the company relies heavily on German government subsidies. The company's factory in Germany receives a subsidy of 70 million euros per year from the German government, but its production capacity is only about 300 megawatts, and it cannot be improved for many years. In its annual report last year, even the amount of R&D investment was not listed, which could not be compared with the advanced level of Chinese counterparts. According to industry insiders, even in normal market conditions, Europe's PV companies that rely on subsidies can't make a profit.

Despite this, the preliminary results of the “double counter-case” against China's PV products are quite pessimistic.

Li-Mashan, a European trade expert and director of the European Center for International Political Economy Research, believes that the EU will impose sanctions on China's photovoltaic industry. "In a sense, the vote on May 15 is basically a procedural process," said Li-Mushan, saying that the EU has now reached a consensus that the PV problem is mainly caused by China's overcapacity, but "Using trade protection measures to solve market problems, especially overcapacity is by no means a good strategy." In this case, the agent of the Chinese company Van Bael & Bellis law firm Benoit Serve told reporters that according to the EU voting rules, the 27 member states of the European Union have the same voting rights in this case, that is, each country has about 3.7% of the votes. The problem is that the rule stipulates that abstentions will be treated as a vote of approval. Therefore, many countries choose to abstain for some reason, and objectively increase the number of votes in favor.” Serve also said that since the case is the European Commission According to EU law, even if most member states vote against it, the European Commission can initiate temporary anti-dumping and countervailing measures. Therefore, the influence of member states can only be effective when deciding whether to initiate formal countermeasures. Moreover, it is difficult to get 14 "clear black".

With the approaching date of voting, some trade experts and industry insiders suggest that relevant parties in China can further increase consultations to resolve conflicts and minimize losses. At the same time, market means can be used to promote the survival of the fittest and promote the long-term healthy development of the industry.

Serve said that according to past experience, if the two sides strengthen consultations in the final stage, they will often receive better results. He learned that the current European Commission has shown a tough stance on China on the one hand, but also expressed its willingness to strengthen communication on the other hand. Before the preliminary ruling results, it is the best time for communication between the two parties. Although the two parties may still solve the problem through communication after the preliminary ruling results are released, the difficulty is much greater. It is suggested that at this stage, Chinese trade representatives or industry organizations may be considered to communicate with the European Commission, rather than individual enterprises in China. After the preliminary results are announced, Chinese companies can join in consultations and strive to reduce the tax rate for their respective companies as much as possible.

China Chamber of Commerce for Import and Export of Mechanical and Electrical Products said recently that the photovoltaic industry in China and the EU, as stakeholders in the industrial chain, is a relationship of complementary advantages, close ties and common development. The two sides have formed interdependent relationships as different links of the industrial chain. The pattern, such as the EU's final restrictions on Chinese products, will inevitably lead to a "double loss" situation, seriously affecting bilateral trade and employment. To this end, the Chamber of Commerce of Electrical and Mechanical Industry on behalf of the industry calls for the European side to proceed from the long-term development of the entire photovoltaic industry, seriously consider the Chinese demands, seriously consider the voices of the upstream and downstream enterprises of the EU, and actively solve the problems faced by the two industries through industrial dialogue and mutually beneficial cooperation. Avoid trade frictions and do your best.

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