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India Investigating EVA Dumping

The anti-dumping petition filed by RenewSys is the third such petition in the field of solar in India within few months. Previously, ISMA and Gujarat Borosil respectively filed petitions against imports of crystalline Si-based technology and textured tempered solar glass from Malaysia. (Photo Credit: TaiyangNews)

Anu Bhambhani
  • India has initiated an anti-dumping investigation against importers of EVA sheets in India
  • The investigation includes EVA manufacturers from China, Malaysia, Saudi Arabia, South Korea and Thailand
  •  RenewSys India Private Ltd. filed the petition
  • The Directorate General of Anti-Dumping & Allied Duties (DGAD) has now determined that RenewSys is the majority market stakeholder for EVA sheets in India
  • The period of investigation is from Oct. 1, 2016 to Sept. 30, 2017, but will also take into account the 3 previous fiscal years

Yet another anti-dumping investigation has been launched in India – this time, it relates to the imports of ethylene vinyl acetate (EVA) sheets used in solar modules. The Directorate General of Anti-Dumping & Allied Duties (DGAD) has initiated the investigation against imports of this product coming from China, Malaysia, Saudi Arabia, South Korea and Thailand.

EVA sheets perform the function of binding different elements, keeping the glass, cells and backsheet integrated, and supporting the module mechanically throughout its service life.

The petitioner for this investigation is RenewSys India Private Ltd. The company states that it produces the same product as the importers, claiming to be the largest producer of these goods in India. RenewSys is reportedly backed by fellow EVA sheet producers Vishakha Renewables Pvt. Ltd. and Allied Glasses Pvt. Ltd. who wrote letters of support. DGAD has determined that RenewSys is the majority market stakeholder in India for the production of EVA sheets.

DGAD says it has sufficient prima facie evidence that the normal value of the goods at hand is higher in the countries being investigated than the ex-factory export price. That would indicate a dumping issue in India. DGAD will consider a period of investigation from Oct. 1, 2016 to Sept. 30, 2017, but will also take the previous 3 fiscal years into account, namely April 2014 to March 2015, April 2015 to March 2016, and April 2016 to March 2017.

The concerned companies from the above-mentioned countries will have to submit their side of the story within 40 days from the publication of the DGAD's notification on April 4, 2018. The detailed notification by DGAD can be found on its website.

Recent history of anti-dumping cases

In recent times, Indian solar manufacturers have started using anti-dumping petitions to present their case against foreign solar manufacturers. The Indian Solar Manufacturers Association (ISMA) had filed such a petition concerning imports of c-Si technology and an investigation was launched in July 2017. In March 2018, ISMA withdrew its petition and is scheduled to file a new petition soon (see ISMA Withdraws Anti-Dumping Petition).

Yet another case was entertained by DGAD following a petition by Gujarat Borosil against textured tempered solar glass from Malaysia (see New Anti-Dumping Petition For Solar Glass In India).

These anti-dumping petitions are causing considerable uncertainty among project developers in the country, especially in light of the issues currently surrounding safeguard duties on solar cells imported from China and Malaysia. The Madras High Court has put a temporary stay on the preliminary report submitted by the DG Safeguards that recommended a 70% safeguard duty (see Call For Safeguard Duty Runs Into Legal Tangle).