MINISTRY OF FINANCE
(DIRECTORATE GENERAL OF SAFEGUARDS)
(CUSTOMS AND CENTRAL EXCISE)
NOTICE OF INITIATION OF A SAFEGUARD INVESTIGATION
New Delhi, the 19th December, 2017
[Issued under Rule 6 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997]
Subject: Initiation of a Safeguard investigation concerning imports of “Solar Cells whether or not assembled in modules or panels” into India – reg.
G.S.R. 1522(E).—An application dated 28.11.2017 has been filed in this office on 05.12.2017 under Rule 5 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 by the Indian Solar Manufacturer’s Association (ISMA) on behalf of five Indian producers, namely (i) M/s Mundra Solar PV Limited, Adani House, Meetha Khali 6 Road, Navrangpura, Ahmedabad-380009, Gujarat; (ii) M/s Indosolar Limited, 3C/1, EcoTech-II, Udyog Vihar, Dist: Gautam Budh Nagar, Greater Noida-201306, Uttar Pradesh; (iii) M/s Jupiter Solar Power Limited, Village Katha, Post Office Baddi, Teh. Nalagarh, Dist. Solan, Himachal Pradesh-173205; (iv) M/s Websol Energy Systems Limited, Falta SEZ Sector-II,Falta, Dist: 24 South Praganas, West Bengal-743504; and (v) M/s Helios Photo Voltaic Limited, 43B, Okhala Industrial Estate, Phase-III, New Delhi-110020, through M/s. Athena Law Associates, 808, L&T Building, Sector 18B, Dwarka, New Delhi-110075 seeking imposition of Safeguard Duty on imports of “Solar Cells whether or not assembled in modules or panels” [hereinafter referred to as “Product Under Consideration” or “PUC”] into India to protect the domestic producers of like and directly competitive articles (to the PUC) from serious injury / threat of serious injury caused by such increased imports.
2. Domestic Industry (DI): The applicants claim that their collective production accounts for more than
50% of the total production of the PUC in India. They contend that by virtue of this fact, they represent a major proportion of the total Indian or domestic industry of the PUC and, therefore, they have the standing to file the present application and be treated as the DI.
3. Product Under Consideration (PUC): The product under consideration is “Solar Cells whether or not assembled in modules or panels” classifiable under Tariff Heading 85414011 of Chapter 85 of the Customs Tariff Act, 1975. Photovoltaic Solar Cells are also known as Photovoltaic Cells in the market / trade parlance. Photovoltaic technology enables direct conversion of sunlight into electricity at the atomic level. Solar Cells are solid state electrical devices that convert sunlight directly into electricity by the photovoltaic effect. To make practical use of the Solar Cells, these are placed in panels or modules. In other words, a solar panel / module is a packaged, connected assembly of Solar Cells. The electrical connections are made to the Solar Cells in series to achieve the desired output wattage and / or in parallel to provide the desired current capability. The Customs tariff classification is indicative only and is in no way binding on the scope of the present investigation.
3.1 There are two major technologies that are available fo