On 16.10.2018, the European Commission adopted an Implementing Regulation which imposes anti-dumping and countervailing duties on certain imports of Zheijang Koly Energy and Jiangsu Sinski PV Co. The two companies had offered undertakings to the European Commission. In these they undertook to comply with the terms of the Undertaking and in particular not to sell below the Minimum Import Price (MIP).
The Commission had now allegedly established that there had been breaches of the undertaking offered. Jiangsu Sinski PV Co, Ltd. accuses the European Commission of systematically selling these solar panels below the minimum import price and of diverting sales via other companies.
Subsequent anti-dumping duties due to invalidation of undertaking invoices
Zheijang Koly Energy is alleged to have sold these solar modules to an allegedly unrelated importer in the Union and to have issued undertaking invoices in this respect. Transactions with this importer regularly accounted for more than 50 % of Zheijang Koly Energy’s total sales to the Union. According to the information available to the Commission, this importer was related to Zheijang Koly Energy, although Zheijang Koly Energy had not reported any related companies under sub-takings.
Accordingly, the European Commission lists in the Implementing Regulation (EU) No 2018/1551 of 16.10.2018 in Annex 1 a number of undertaking invoices which have been declared invalid.
Companies which have purchased solar modules from Zheijang Koly Energy or Jiangsu Sinski PV Co., Ltd. are therefore currently exposed to the risk that anti-dumping duties could be imposed after the fact.
Where the customs authorities have reason to believe that the price shown on an undertaking invoice issued by one of these companies is not the price paid and these companies may therefore have violated the undertaking, the customs authorities may request the Commission to disclose the company and other information in order to verify the minimum import price (MIP) in force on the date the undertaking invoice is issued.
Where the verification shows that the price paid is lower than the MIP, the duties due shall be collected. The information provided may only be used to collect anti-dumping duties. Customs authorities are likely to provide this information only as part of an objection procedure in the event of a post-clearance recovery. Under no circumstances may the information be disclosed to third parties.
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