1. The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EU) No 1238/2013 on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China, unless they are in transit in the sense of Article V GATT, is hereby extended to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes 8501310082, 8501310083, 8501320042, 8501320043, 8501330062, 8501330063, 8501340042, 8501340043, 8501612042, 8501612043, 8501618042, 8501618043, 8501620062, 8501620063, 8501630042, 8501630043, 8501640042, 8501640043, 8541409022, 8541409023, 8541409032, 8541409033) with the exception of those produced by the companies listed below:
Country
Company
TARIC additional code
Malaysia
AUO — SunPower Sdn. Bhd.
Flextronics Shah Alam Sdn. Bhd.
Hanwha Q CELLS Malaysia Sdn. Bhd.
Panasonic Energy Malaysia Sdn. Bhd.
TS Solartech Sdn. Bhd.
C073
C074
C075
C076
C077
Taiwan
ANJI Technology Co., Ltd
AU Optronics Corporation
Big Sun Energy Technology Inc.
EEPV Corp.
E-TON Solar Tech. Co., Ltd
Gintech Energy Corporation
Gintung Energy Corporation
Inventec Energy Corporation
Inventec Solar Energy Corporation
LOF Solar Corp.
Ming Hwei Energy Co., Ltd
Motech Industries, Inc.
Neo Solar Power Corporation
Perfect Source Technology Corp.
Ritek Corporation
Sino-American Silicon Products Inc.
Solartech Energy Corp.
Sunengine Corporation Ltd
Topcell Solar International Co., Ltd
TSEC Corporation
Win Win Precision Technology Co., Ltd
C058
C059
C078
C079
C080
C081
C082
C083
C084
C085
C086
C087
C088
C089
C090
C091
C092
C093
C094
C095
C096
2. The application of exemptions granted to the companies specifically mentioned in paragraph 1 of this Article or authorised by the Commission in accordance with Article 2(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice issued by the producer or consignor, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function. In case of crystalline silicon photovoltaic cells this declaration shall be drafted as follows:
‘I, the undersigned, certify that the (volume) of crystalline silicon photovoltaic cells sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.’
In case of crystalline silicon photovoltaic modules this declaration shall be drafted as follows:
‘I, the undersigned, certify that the (volume) of crystalline silicon photovoltaic modules sold for export to the European Union covered by this invoice was manufactured
(i)
by (company name and address) (TARIC additional code) in (country concerned); OR
(ii)
by a subcontracted third party for (company name and address) (TARIC additional code) in (country concerned)
(delete as appropriate one of the two above options)
with the crystalline silicon photovoltaic cells manufactured by (company name and address) (TARIC additional code [to be added if the country concerned is subject to original or anti-circumvention measures in force]) in (country concerned).
I declare that the information provided in this invoice is complete and correct.’
If no such invoice is presented and/or one or both of the TARIC additional codes are not provided in the above-mentioned declaration, the duty rate applicable to ‘all other companies’ shall apply and shall require the declaration of TARIC additional code B999 in the customs declaration.
3. The duty extended by paragraph 1 of this Article shall be collected on imports consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, registered in accordance with Article 2 of Commission Implementing Regulation (EU) 2015/833 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009, with the exception of those produced by the companies listed in paragraph 1.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.