Guidance

Solar modules and cells imported from China (Anti-Dumping Duty AD2299)

Published 23 October 2018

The Commission has advised by Implementing Regulation (EU) No 2018/1551, OJ L260, that due to breaches of the terms and conditions the undertaking, which was in place until 30 September 2017, has been withdrawn from two exporting producers.

This regulation comes into effect from 18 October 2018.

The invoices for crystalline silicon photovoltaic modules or panels and cells, have been invalidated and therefore will incur the following anti-dumping and countervailing duties.

Company Additional undertaking code (on CHIEF) Additional code after undertaking withdrawal Anti-dumping duty due Countervailing duty due
Jiangsu Sinski PV Co. Ltd X838 B838 41.3% 6.4%
Zhejiang Koly Energy Co. Ltd X908 B908 41.3% 6.4%

Prior to 1 October 2017 the products fell within the following commodity codes:

  • 8541 4090 21
  • 8541 4090 22
  • 8541 4090 23
  • 8541 4090 29
  • 8541 4090 31
  • 8541 4090 32
  • 8541 4090 33
  • 8541 4090 39

Invalid invoices

The following invoices have been declared invalid, therefore a customs debt has been incurred from the date of entry to free circulation. As a consequence anti-dumping and countervailing duties, of 41.3% and 6.4% respectively, are due and will be collected.

Producer Jiangsu Sinski PV (additional code X838)

Various invoices not involving UK importers.

Producer Koly Energy (additional code X908)

Invoices which may involve UK importers.

Number of commercial invoices Date
KL150328 28 March 2015
KL150424 24 April 2015
KL150428001 28 April 2015
KL150428002 28 April 2015
KL150516 16 May 2015
KL150608 8 June 2015
KL150616 16 June 2015
KL150706 6 July 2015
KL150708002 8 July 2015
KL150816 16 August 2015
KL150827 27 August 2015
KL150920 20 September 2015
KL151018 18 October 2015
KL151108 8 November 2015
KL151113 13 November 2015
KL151125 25 November 2015
KL151230 30 December 2015
KL160123 23 January 2016
KL160511 11 May 2016
KL160517 17 May 2016
KL160523 23 May 2016
KL160610 10 June 2016
KL160714 14 July 2016
KL160726 26 July 2016
KL160816 16 August 2016
KL160825 25 August 2016
KL160922 22 September 2016
KL161013 13 October 2016
KL161027001 27 October 2016
KL161027002 27 October 2016
KL161030 30 October 2016
KL161106 6 November 2016
KL161108002 8 November 2016
KL161114 14 November 2016
KL161125 25 November 2016
KL161209 9 December 2016
KL161210 10 December 2016
KL161212 12 December 2016
KL161215 15 December 2016
KL161230001 30 December 2016
KL161230002 31 December 2016
KL170109001 9 January 2017
KL170109002 13 January 2017
KL170115 15 January 2017
KL170116001 16 January 2017
KL170116002 18 January 2017
KL170120 20 January 2017
KL170121001 21 January 2017
KL170121002 21 January 2017
KL170323001 23 March 2017
KL170323002 25 March 2017
KL170408 8 April 2017
KL170412 12 April 2017
KL170510 10 May 2017
KL170511 11 May 2017
KL170518002 18 May 2017
KL170614002 14 June 2017
KL170621 21 June 2017
KL170712 12 July 2017
KL170731001 31 July 2017
KL170812 12 August 2017
KL170814 14 August 2017
KL170822002 22 August 2017
KL170918001 18 September 2017
KL170918002 18 September 2017
KL170919 19 September 2017
KL170930002 30 September 2017

Where customs authorities have indications that the price presented on an undertaking invoice issued by one of these companies does not correspond to the price paid and therefore those companies may have violated the undertaking, customs authorities may request the Commission to disclose the undertaking and other information in order to verify the applicable Minimum Import Price (MIP) on the day the undertaking invoice was issued.

Where verification reveals that the price paid is lower than the MIP, the duties due shall be collected.

Where verification reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence shall be collected.

The information provided may only be used for the enforcement of duties due.

Customs authorities may provide the debtor with this information for the sole purpose of safeguarding their rights of defence.

Under no circumstances may the information be disclosed to third parties.

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