Avoidance of antidumping duties on solar panels – numerous enterprises under investigation

Newspaper articles report that at least 12 enterprises in Germany are under investigation by the public prosecutor’s office, supported by the customs authorities. They are under suspicion of having evaded the applicable anti-dumping duties on solar panels from China.

Obviously the goods in question first were transported from China to countries like Malaysia and Taiwan and then furnished with wrong documents there. In other cases suppliers apparently promised their customers a reimbursement of part of the sales price to avoid minimum price regulations.

In such cases not only the customs duties have to be paid subsequently but enterprises also are faced with administrative fines or even considerable penal measures. This is not only the case for offences committed intentionally but also for offences due to negligence. It is also possible that enterprises that are not aware of the offence will buy the goods concerned and then will be confronted with the authorities that even are in a position to confiscate the solar modules in question. On account of this whole solar parks or solar power plants could be immobilized, should the customs authorities confiscate modules that have not been declared properly.

O&W are advising enterprises that are faced with anti-dumping measures. Please do not hesitate to contact us, we should be pleased to assist you, too.

Rechtsanwalt Dr. Tristan Wegner

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