The EU Commission has again revoked undertakings from several manufacturers of photovoltaic modules, including Risen Energy Co. This means that the general and thus higher anti-dumping and countervailing duties will now have to be paid on solar modules and cells from these producers, even if the goods are purchased from other companies. Importers and transport service providers should check whether they have imported goods from these producers and what they can do against higher anti-dumping duties.

Commitments reduce anti-dumping duties

Under the Undertaking System, several Chinese manufacturers of photovoltaic modules and cells have undertaken to the European Commission to comply with certain conditions, such as minimum prices. In return, the Commission imposed individual anti-dumping and countervailing duties which were lower than for products from other producers.

In some cases, the Commission found and recalled breaches of the commitments. We report about it here.

Risen Energy and others took back commitments themselves

To justify the withdrawal, the Commission states that the producers themselves withdrew their commitments to the Commission. The undertaking provided that it could be withdrawn at any time.

In addition to Risen Energy Co, Ltd and its affiliated companies in the Union, to which the common TARIC additional code B868 applied, the obligations of the following manufacturers were also revoked:

  • Wuxi Suntech Power Co Ltd, Suntech Power Co Ltd, Wuxi Sunshine Power Co Ltd, Luoyang Suntech Power Co Ltd, Zhenjiang Rietech New Energy Science Technology Co Ltd and Zhenjiang Ren De New Energy Science Technology Co Ltd together with their affiliated companies in the Union, TARIC additional code B796
  • Jinko Solar Co Ltd, Jinko Solar Import and Export Co Ltd, ZHEJIANG JINKO SOLAR CO. LTD and ZHEJIANG JINKO SOLAR TRADING CO. LTD together with its affiliates in the PRC and the Union, TARIC additional code B845
  • JingAo Solar Co Ltd, Shanghai JA Solar Technology Co Ltd, JA Solar Technology Yangzhou Co. Ltd, Hefei JA Solar Technology Co Ltd and Shanghai JA Solar PV Technology Co Ltd, together with their affiliated companies in the Union, TARIC additional code B794
  • Sumec Hardware & Tools Co Ltd and Phono Solar Technology Co Ltd, together with their affiliated companies in the Union, TARIC additional code B866

Importers should act now

Importers of solar modules and cells, as well as their transport service providers such as freight forwarders, carriers and customs agents must now check whether they have imported or import goods from the manufacturers concerned. The anti-dumping duties apply irrespective of who the consignor or seller of the goods is. Correction obligations may apply here. Likewise, subsequent collection of anti-dumping duties could be threatened. It should also be examined whether previously concluded purchase contracts can now be terminated or whether claims for damages exist in order to avoid higher import duties.

To check your possibilities due to the revocation of the undertakings, contact our anti-dumping lawyers.

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Dieser Artikel wurde am 9. August 2018 erstellt. Er wurde am 16. August 2018 aktualisiert. Die fachliche Zweitprüfung hat Rechtsanwalt Dr. Tristan Wegner durchgeführt.

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