DeHeng Helps XINYI SOLAR Win 

the Anti-dumping Investigation Initiated by EU



In response to the complete petition submitted by EU ProSun Glass (hereinafter also referred to as the Petitioner or Applicant), the European Commission (hereinafter also referred to as the Investigation Authority) initiated anti-dumping investigation against solar glass originating from Malaysia on May 23, 2018. DeHeng Law Offices (hereinafter also referred to as DeHeng) was appointed by XINYI SOLAR Holdings Ltd. (hereinafter also referred to as XINYI SOLAR Group) to represent its subsidiary XINYI SOLAR (Malaysia) Sdn. Bhd. (hereinafter also referred to as XINYI (Malaysia)) in the investigation. After several rounds of defense and on-the-spot verification, the Applicant sent a letter to the European Commission on December 14, 2018, requesting the cancellation of its application for anti-dumping investigation. After prudent consideration, the European Commission determined that the Applicant's withdrawal of the application would not compromise the overall interests of the EU, and recently made the decision to terminate the anti-dumping investigation.

It is worth mentioning that since 2013, DeHeng represented XINYI in the anti-dumping, countervailing and anti-absorption investigations successively initiated by EU against solar glass originating in or exported from China, and sued the European Commission to the European Court of Justice for refusing to give Chinese enterprises the market economy treatment. XINYI's claims were upheld in the first instance. The court ruled that the European Commission's ruling imposing the anti-dumping duty on XINYI SOLAR Group was invalid, and order the European Commission to bear all the litigation costs. The retrial upon the European Commission's appeal is still ongoing. In addition, DeHeng represented XINYI SOLAR Group in responding to the anti-dumping investigation initiated by the Indian Authority on solar glass from China in 2016 and obtained the lowest tax rate. In the anti-dumping investigation initiated by the Indian Authority against solar glass from Indonesia that was concluded in January 2019, DeHeng helped XINYI SOLAR Group win zero duty rate for XINYI (Malaysia). DeHeng won the trust of XINYI SOLAR Group for its superb professionalism and diligence.

Listed on the main board of the Hong Kong Stock Exchange in 2013, XINYI SOLAR Group is a global leading manufacturer of solar glass. Currently it has three solar glass production bases with a daily production capacity of 6,800 tons, accounting for nearly 30% of the global market share. Upon entrustment by XINYI SOLAR Group, DeHeng quickly mapped out an overall response scheme for XINYI (Malaysia) at the very beginning of the investigation. 

As the legal counsel for XINYI SOLAR (Malaysia), DeHeng set up a project team headed by Ren Yongzhong, a partner of DeHeng’s office in Beijing, chiefly supported by the legal assistant Wu Huimin. Taking advantage of the market economy status of Malaysia, the project team assisted the enterprise in processing the huge data and guiding it to fill out the Exporter’s Questionnaire Response and supplementary questionnaire to ensure that the normal value should be constructed in an accurate, fair and impartial manner. In October 2018, the investigation agency sent personnel to XINYI SOLAR (Malaysia) for on-site verification. The lawyers of DeHeng project team assisted all departments of the enterprise to demonstrate and explain the financial system, accounting vouchers, sales documents, production processes, expansion plans, etc. of the enterprise; explained in detail the "related-party procurement", "plant, equipment, personnel sharing" and other issues; and submitted relevant evidence materials as required by the verification officers.

Following thorough investigation, the applicant did not intend to go ahead with the investigation and stopped the loss by requesting the investigation authority to revoke the case on its own initiative. After considering the progress of the case and the overall interests of the EU, the European Commission approved its application for withdrawal and ruled that the investigation should be terminated. DeHeng assisted XINYI SOLAR Group in achieving a resounding success against the EU competitors.

XINYI SOLAR Group participated in trade remedy investigations aboard on several occasions. Especially in the case of anti-dumping investigations by India and the EU in 2018, XINYI SOLAR still achieved ideal results, which not only raises the reputation of XINYI SOLAR Group in the international market, but significantly boosts the performance of XINYI SOLAR Group in the capital market as well.

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