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MOFCOM announcement No 25 of 2014 on final ruling on anti-dumping investigation against imports of solar-grade polysilicon originated in EU

Updated: May 5,2014 11:46 AM     english.mofcom.gov.cn

In accordance with the provisions of the Regulations of the People’s Republic of China on Anti-dumping (hereinafter referred to as the “Anti-dumping Regulations”), on November 1, 2012, the Ministry of Commerce (hereinafter referred to as the “Investigation Authority”) issued an annual announcement No 71, deciding to carry out anti-dumping case-filling investigation against imports of solar-grade polysilicon originated in the EU (hereinafter referred to as the “Product under Investigation”), which is listed under tariff code: 28046190 in the Customs Import and Export Tariff of the People’s Republic of China. The electronic-grade polysilicon under this tariff number, which is used to manufacture semiconductor products such as integrated circuits and discrete devices, is not covered by the investigation.

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic polysilicon industry caused by the Product under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority released on January 24, 2014 an announcement on the preliminary ruling, affirming that there was dumping of the Product under Investigation and China’s domestic industries were substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigation Authority continued its investigation into the dumping and dumping margin, the damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigation Authority has made the final ruling (See the Annex) according to the investigation findings and the provisions of Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigation Authority made a final ruling that during the investigation period of this case, there was dumping of the Product under Investigation and China’s domestic solar-grade polysilicon industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Scope of Product under Investigation and Measures

The details of the Product under investigation and the measures taken are as follows:

Scope of Investigation and measures: imports of solar-grade polysilicon originated from the European Union

Name of the Product under Investigation: Solar-Grade Polysilicon

Detailed Description of the Product under Investigation: they are produced by processes of the (modified) Siemens process, silane process and some other process with chlorosilanes as the raw material. They are used to produce rod polysilicon, massive polysilicon and granular polysilicon products for crystalline silicon photovoltaic batteries.

Electrical Parameters of the Product under Investigation: Phosphorus-based Resistivity <300Ω•cm; Boron-based Resistivity <2,600Ω•cm; Concentration of Carbon >1.0×1016 (at/cm3); n-type Minority Carrier Lifetime<500μs; Donor Impurity >0.3×10-9; Acceptor Impurity>0.083×10-9.

Main Usage: it is mainly used for the production of solar-grade silicon monocrystalline rod and directional solidification polysilicon silicon ingot, and it is the major raw material for the production of crystalline silicon photovoltaic batteries.

The product is included under a tariff number of 28046190 in the Customs Import and Export Tariff of the People’s Republic of China. The electronic-grade polysilicon under this tariff number, which is used to manufacture semiconductor products such as integrated circuits and discrete devices, is not covered by the investigation.

III. Levy of Anti-dumping Duties and Price Commitment

The Investigation Authority, in accordance with relevant provisions of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties to the Customs Tariff Commission of the State Council, which then decided, as of May 1, 2014, to impose antidumping duties on imports of solar-grade polysilicon originated in the EU. Rates of anti-dumping duties against companies are as follows:

Company Name Dumping Margin

Germany Schmid Group 42%

Joint Solar Silicon (JSS) 42%

Italy MEMC Electronic Materials SpA 42%

MEMC Electronic Materials 42%

SILFAB S.p.A. 42%

Estelux S.r.l. 42%

PrimeSolar S.r.l. 42%

Spain Siliken Spain 42%

All Others 14.3%

Upon the preliminary ruling, WackerChemie AG, the respondent enterprise of the EU (hereinafter referred to “Wacker”), submitted the price commitment to the Investigation Authority. The Investigation Authority reviewed the commitment and considered it acceptable. According to the provisions of the Anti-dumping Regulations, the Investigation Authority decided to accept the application of Wacker for price commitment, which shall come into effect together with this final ruling. During the period of price commitment, the Product under Investigation imported from Wacker shall be exempted from anti-dumping duties. In case of any violation of the price commitment or any other situation leading to the termination of such commitment, the anti-dumping duties shall be levied based on the dumping margin of the final ruling.

IV. Methods of Levying Anti-dumping Duties

As of May 1, 2014, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing the Product under Investigation. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = (dutiable value authorized by China Customs x rate of anti-dumping duties). The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.

V. Retrospective Collection of Anti-dumping Duties

Retrospective collection of anti-dumping duties will not be carried out for imports of solar-grade polysilicon originated in the EU that were imported before the announcement of preliminary ruling.

VI. Period of Levying Anti-dumping Duties and Price Commitment

The period of levying anti-dumping duties and price commitment on imports of solar-grade polysilicon originated in the EU shall be two years starting from May 1, 2014.

VII. New Exporter Review

Any new exporter in the EU that does not export the Product under Investigation to the People’s Republic of China during the investigation period, if qualified, may apply in writing to the Investigation Authority for a new exporter review according to the provisions of Article 47 of the Anti-dumping Regulations.

VIII. Interim Review

During the period of levying anti-dumping duties and price commitment, relevant interested parties may apply in writing to the Investigation Authority for an interim review in light of the provisions of Article 49 of the Anti-dumping Regulations.

IX. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept the final ruling of this case, the decision to levy anti-dumping duties or the price commitment may, according to the provisions of Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate a litigation to the people’s court according to the law.

X This Announcement shall come into force as of May 1, 2014.

Ministry of Commerce of the People’s Republic of China

April 30, 2014

Translated by Hou Zuowei

(All information published in this website is authentic in Chinese. English is provided for reference only. )

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