Bypassing anti-dumping duties on solar modules – EU investigation

The European Commission has launched an investigation to assess whether anti-dumping duties on imports of solar modules and key components are being circumvented. There is a threat of an extension of anti-dumping duties.

Presumption of anti-dumping duty evasion

As we have already reported, there are increasing reports that many companies in the European Union have tried to circumvent the anti-dumping duties on solar modules. In particular, solar modules of Chinese origin were circumvented via Malaysia and Taiwan with correspondingly falsified certificates of origin.

The European Commission has now opened an official circumvention investigation (see Official Journal L 132/15 of 29.05.2015). It is presumed that anti-dumping duties have been circumvented by imports of solar modules from Malaysia and Taiwan. In this respect, the customs authorities are required to register imports of the goods under investigation. If tariffs are also imposed on imports of solar modules from Malaysia and Taiwan, anti-dumping and countervailing duties may also be imposed retroactively. In this respect, a retroactive demand for additional customs duties is still possible up to the beginning of the time of customs supervision.

The by-pass investigation procedure for solar modules concerns goods falling within 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.

Give your views to the Commission

Interested parties must contact the Commission within 15 days of publication and, if necessary, request a questionnaire which must be returned within 37 days. A request for consultation of European importers and all other interested parties may also be made within 37 days.

If you need assistance with the procedure before the Commission or if you yourself have imported solar modules from Malaysia or Taiwan in the past, please contact us
Lawyer Dr. Tristan Wegner

Your consultant

ABC-Straße 21
20354 Hamburg
T +49 (0) 40 / 36 96 15 0
F +49 (0) 40 / 36 96 15 15
E ow@owlaw.com