Conclusions
Based on the information and e-data provided by MITI, Port Klang Authorities and Royal
Malaysian Customs (3 ZB1-ZB-2 e-data) merged into one file namely OLAF_ZB1_ZB2), it
has been established the following,
i. a total of 904 containers of ARW imported into the PK-FCZ trom PR China were
shipped onward from PK-FCZ to 18 MS as follows: Belgium (39), Cyprus (2), Czech
Republic (10), Denmark (5), Finland (7), France (7), Germany (103), Greece (2), Italy
(66), Latvia (9) Lithuania (113), Malta (1), the Netherlands (229), Poland (7), Romania
(1), Spain (9), Sweden (14) and the United Kingdom (280). 778 of these 904 containers
exported from PK-FCZ have been matched with the corresponding importation into these
18 MS,
ii. all consignments of ARW exported from the Free Commercial Zone in Port Klang
originated from the PR China (see column F ‘country of origin’ in excel files at Annexes 2
to 4);
iii. all consignments imported from the PR China into the FCZ in Port Klang were
cross-stuffed into different containers before onward shipment to the EU. They were not
subject to any processing or manufacturing activity in the FCZ in Port Klang. Such
activities are not allowed in the FCZ;
iv. the HS commodity codes applicable for ARW are [H NUMMER] and ex [I NUMMER]
. At importation into the EU, the product was declared under commodity codes [J NUMMERS]
. According to the ZB2 data provided by the Port Klang Authority,
the ARW exported from PK-FCZ were classified under the commodity codes: [K NUMMERS]
(see column B ‘tc code’ in excel files at Annexes 2 to 4);
v. moreover, it has been found that consignments of ARW were wrongly classified
at exportation from the PK-FCZ under commodity codes: [L NUMMERS]
. However, in all cases the goods description given
in the extracts shows that the goods actualty were ARW;
vi. 22 consignors were identifïed from the ZB2 (export) data. Several of these
consignors registered in the ZB2 data were not the same as the exporters of ARW
declared on importation in the EU and/or shown in the certificates of preferential origin
FORM A presented to Customs at importation in the EU They have been found to be
mainly forwarding agents and logistics companies. None of these 22 consignors did export
ARW to the EU before the imposition ot anti-dumping duties on Chinese ARW in May 2010;
vii it has been found that one container of ARW was recorded both in the ZB2 data
as onward shipment from the Free Commercial Zone and also in the K2 data as export
from the Principal Customs Area. However, it appears that the sole purpose of such
declaration was to mislead the authorities and to claim Malaysian origin for the goods
concerned. The economic operator which applied this modus operandi declared different
consignors to the Port Klang Authority, Malaysian Customs and to MITI.
Hence, the economic operator prevented the Malaysian authorities, particularly MITI and
Malaysian Customs, from detecting the fraud scheme and obtained the GSP certificates on
the basis of the false information provided. The economic operators appearing as
exporters incorrectly declared the ARW to originate from Malaysia. In addition, the use of
different company names prevented MITI, in the course of any subsequent verification of
GSP certificates requested by the MS to identify that the consignments covered by
authentic and yet incorrect GSP certificates were in fact transhipments of Chinese
originating ARW via the FCZ in Port Klang rather than Malaysian originating goods.
Consequently, the operators involved made the tracing of any transhipment through the
FCZ in Port Klang more difficult. For the same purpose, they also declared wrong
commodity codes instead of the ones applicable to ARW.
(...)
In order to summarize the findings per Malaysian exporter, OLAF matched the
consignments imported into the EU according to the information provided
by MS (approximately 1.800 containers recorded), with the relevant ZB1/ZB2 transhipment data. The matching was carried out on the basis of the container number(s) recorded in the ZB2 (export) and container number(s) recorded in the EU-import data.
As a result, a total of 778 containers of ARW imported into the MS from Malaysia have been linked with their corresponding containers of ARW originating in the PR China and recorded in ZB2 (export) and the preceding shipments from China to Malaysia as recorded in the related ZB1 (import).
(…)”