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Evasion of antidumping duties on solar modules – EU investigation

The European Commission started an investigation to find out whether there is an evasion of antidumping duties for the import of solar modules and their key elements. As a result antidumping duties could increase.

It is supposed that antidumping duties are evaded

As we already informed previously reports are increasing that many enterprises in the European Union tried to evade antidumping duties on solar modules. It is reported that in particular solar modules of Chinese origin could have been sent via Malaysia and Taiwan with falsified certificates of origin to pay less duties.

The European Commission now initiated an official anti-circumvention investigation (cf. Official Journal no. L 132/15 of 29 May 2015). It is supposed that enterprises tried to avoid paying antidumping duties by importing solar modules from Malaysia and Taiwan. In this connection the customs authorities are obliged to register the imports of the examined goods. Should duties also be imposed for imports of solar modules from Malaysia and Taiwan, antidumping duties and countervailing duties can also be imposed retroactively. A retroactive duty demand insofar is possible up to the beginning of the customs supervision.

The anti-circumvention investigation for solar modules is applicable to goods with the following CN codes:

ex 8501 3100, ex 8501 3200, ex 8501 3300, ex 8501 3400, ex 8501 6120, ex 8501 6180, ex 8501 6200, ex 8501 6300, ex 8501 6400, ex 8541 4090.

State your position at the Commission

Parties interested should notify the Commission within 15 days after publication and can apply for a questionnaire that has to be submitted then within 37 days. European importers and all other parties interested can also apply for a hearing within a period of 37 days.

Should you need assistance to approach the Commission or should you have imported solar modules from Malaysia or Taiwan in the past, please do not hesitate to contact us.

Rechtsanwalt Dr. Tristan Wegner

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