Anti-dumping on solar modules from countries other than China
With Council (EU) Implementing Regulation No 1238/2013 of 2 December 2013, the European Union has adopted Anti-dumping duties on solar modules originating in or consigned from China. The anti-dumping duties are up to a multiple of the actual third country duty rate. Many companies have therefore refrained from purchasing solar modules from China and have instead switched to other countries such as Taiwan or Malaysia.
We are now increasingly hearing that imports from these countries are now also subject to anti-dumping duties, although companies can present a certificate of origin which proves that the product does not come from China.
Customs suspects China of circumventing anti-dumping duty
However, the customs authorities are currently increasingly assuming that these cases involve circumvention arrangements which do not eliminate the anti-dumping duties. In practice, it happens time and again that Chinese products are transported to third countries which are not affected by the anti-dumping duty. There, the goods are only transhipped or only undergo minor processing and then shipped to the European Union as a certificate of origin from that country.
At present, the customs authorities are not only targeting companies that help to promote these types of circumvention themselves. There is also the risk that companies themselves may have trusted solar modules of Malaysian or Taiwanese origin in good faith.
Are you affected? Please do not hesitate to contact us
If you are also affected by anti-dumping duties for solar modules, although the product does not come from China, but from a surrounding country (e.g. Malaysia, Taiwan), please contact us. If necessary, action must be taken against the customs notice and the claims against the seller must also be secured in good time.
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Dieser Artikel wurde am 15. August 2018 erstellt. Die fachliche Zweitprüfung hat Rechtsanwalt Dr. Tristan Wegner durchgeführt.
