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Commission Implementing Regulation (EU) 2020/444 of 25 March 2020 invalidating invoices issued by Wuxi Suntech Power Co. Ltd in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570

Commission Implementing Regulation (EU) 2020/444 of 25 March 2020 invalidating invoices issued by Wuxi Suntech Power Co. Ltd in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570

Implementing Regulation (EU) 2020/444 · Regulation · 4 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

1.   The undertaking invoices listed in the Annex are declared invalid. 2.   The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation under Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) 2017/367, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, and Article 2(2)(b) of Implementing Regulation (EU) 2017/366 shall be collected, except where the applicable limitation periods have expired in line with the rules contained in Articles 221 of Regulation (EEC) No 2913/92  ( 29 ) and 103 of Regulation (EU) No 952/2013  ( 30 ) .

Article 2

1.   Where the customs authorities of the Member States have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of the Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by Wuxi Suntech Power Co. Ltd prior to the entry into force of this regulation does not correspond to the price paid and that therefore the company may have violated the undertaking, the customs authorities may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price on the day when the undertaking invoice was issued. 2.   Where the verification referred to in paragraph 1 reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of the Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected. 3.   The information in accordance with paragraph 1 may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of the Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Supplementary provisions

ANNEXSupplementary provisions

ANNEX List of undertaking invoices issued by Wuxi Suntech Power Co. Ltd which are declared invalid: Number of Commercial invoice accompanying goods subject to an undertaking Date SFDE20140601~0640 30.6.2014 SFDE20140245~0284 30.6.2014 SFDE20140165~0204 30.6.2014 SFDE20140001~0002 13.6.2014 SFDE20140005~0044 30.6.2014 SFDE20140481~0520 30.6.2014 SFDE20140045~0084 30.6.2014 SFDE20140365~0404 30.6.2014 SFDE20140285~0324 30.6.2014 SFDE20140561~0600 30.6.2014 SFDE20140325~0364 30.6.2014 SFDE20140721~0760 30.6.2014 SFDE20140125~0164 30.6.2014 SFDE20140761~0800 30.6.2014 SFDE20140445~0480 30.6.2014 SFDE20140641~0680 30.6.2014 SFDE20140521~0560 30.6.2014 SFDE20140205~0244 30.6.2014 SFDE20140681~0720 30.6.2014 SFDE20140405~0444 30.6.2014 SFDE20140085~0124 30.6.2014 SFDE20140003~0004 11.7.2014 REF0001~0040 19.9.2014 REF_EXWX0023~0027 19.9.2014 REF_EXWX0001~0022 19.9.2014 0308001312-009 21.5.2014 0308001312-015 17.7.2014 Lavansol201400001 13.3.2014

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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