MOFCOM Announcement No. 40, 2012 for AD Probe on Solar Polysilicon from U.S. & South Korea

Issued by: The Ministry of Commerce of the P. R. China (MOFCOM)
Issue No.: Announcement No. 40 of 2012
Issue Date: July 20, 2012

On July 2, 2012, the MOFCOM received a written petition by Chinese industrial representatives Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd., Jiangxi LDK PV Silicon Technology Co., Ltd., CHINA SILICON CORPORATION LTD. (SINOSICO) and Daqo New Energy Co., Ltd. (the "petitioners") that are calling for antidumping (AD) investigation into solar-grade polysilicons from the United States and South Korea.

The MOFCOM has made inspections over the petitioner qualification, the targeted import goods, the Chinese-made counterparts, the effect of the targeted imports on domestic industries, the evidences of the alleged dumping, injury, and their causality.

Based on results of the inspections above, the MOFCOM thinks the petitioners are eligible to represent the domestic industries and their propositions and evidences are compliant with requirements for starting an antidumping investigation.

Therefore, the MOFCOM has decided to start from July 20, 2012 an antidumping investigation into solar-grade polysilicon products originating in the U.S. and South Korea.

Relevant matters are hereby announced:

1. Institution of the Antidumping

From the announcing date herein, the MOFCOM conducts the antidumping investigation with the dumping investigation period spanning from July 1, 2011 till June 30, 2012 and the injury investigation period from January 1, 2008 till June 30, 2012.

2. Investigated Product and Scope

Investigated Scope: Solar-grade polysilicon originating in the U.S. and South Korea;

Product Name: Solar-Grade Polysilicon

Product Description: rodlike, lump and granular polycilicons made by Siemens, silicane or other processes with chlorosilane as the raw material.

Electrical Parameters: Phosphorus-based resistivity <300 Ω?cm; Boron-based resistivity<2600 Ω?cm; Carbon intensity>1.0×1016 (at/cm3); n-type minority carrier life<500μs; donor impurity intensity>0.3×109; acceptor impurity intensity>0.083×109

Main Usage: production of solar-grade silicon single crystal rod, directionally solidified polysilicon ingot, and crystalline-silicon photovoltaic cell.

Chinese HS Code: 28046190, but except electronic polysilicon thereof.

3. Registration of Response

Regarding the investigation on dumping, any interested party may apply for taking legal response to the MOFCOM's Bureau of Fair Trade for Imports & Exports within twenty (20) days from the issue date of this Announcement.

Any investigated exporter or producer shall provide the information of both their export quantity and export value of the investigated products to China during the period of July 1, 2011 till June 30, 2012.

The Referential Format of Registration of Response to Dumping Investigation is available for downloading from the "case dynamics" section on the MOFCOM's sub-website http://gpj.mofcom.gov.cn (Chinese).

Regarding the investigation on industrial injury, any interested party may apply for taking legal response to the MOFCOM's Bureau of Industry Injury Investigation within twenty (20) days from the issue date of this Announcement, meanwhile providing documents describing their capacity, output, stock, construction or expansion projects during the injury investigatory period.

The Form of Application for Joining in Polysilicon Industrial Injury Investigation is available for downloading from the "registration of response" section of China Trade Remedy Information website (http://www.cacs.gov.cn).

4. Failure to Register

Where any interested party fails to register for its response with the MOFCOM within the time limit provided herein, the MOFCOM shall have the power to reject his relevant submissions and to make a ruling based on acquired facts and information.

5. Rights of the Interested Parties

Where any interested party has any objections concerning this investigation, it may submit its opinions in writing to the MOFCOM during the period of its registration of response.

Any interested party may refer to the non-confidential version of the written petitions by Chinese enterprises, which is available from the "case dynamics" section on the MOFCOM's sub-website http://gpj.mofcom.gov.cn (Chinese) or at the MOFCOM's open anti-dumping information inquiry office.

6. Investigation Mode

The MOFCOM may conduct the antidumping investigation by means of questionnaire, sampling, hearing, or onsite inspection.

The investigation, starting from July 20, 2012, normally shall end by July 20, 2013 while may also extend till January 20, 2014 under special circumstances.


The MOFCOM Contacts:

The MOFCOM's Bureau of Fair Trade for Imports & Exports:

Address: No. 2, East Chang'an Avenue, Beijing, China
Zip Code: 100731
Tel: 86－10－65198196/65198746/65198747
Fax: 86－10－65198164

The MOFCOM's Bureau of Industry Injury Investigation:

Address: No. 2, East Chang'an Avenue, Beijing, China
Zip Code: 100731
Tel: 86－10－65198062/65198074/65198190
Fax: 86－10－65197578


Annexes:

Referential Form for Registration of Response to Antidumping Investigation on Solar Polysilicon (omitted)

Petition for Antidumping & Anti-subsidy Investigations on Import Solar Polysilicon (omitted)