MOFCOM Announcement No. 84, 2012 for Retroactive Duties on Solar Polysilicons from U.S., EU & South Korea

 
Issuer: The Ministry of Commerce of China (MOFCOM)
File: Announcement No. 84 of 2012
Issue Date: November 26, 2012


On July 20, 2012, the MOFCOM issued its annual Announcements No. 40 and 41 respectively on starting an antidumping probe into solar polysilicons from the U.S. and South Korea and an anti-subsidy probe into the U.S. polysilicons;

On November 1, 2012, the MOFCOM issued its annual Announcements No. 70 and 71 on starting its antidumping and anti-subsidy probes into solar polysilicons from the EU and deciding to combine its probes on the EU, U.S. and South Korean polysilicons.

On September 7 and November 8, 2012 respectively, Chinese enterprise representatives petitioned in writing the MOFCOM to conduct retroactive levy of antidumping or anti-subsidy duties on the U.S., South Korean and EU polysilicons.

In accordance with China antidumping and anti-subsidy regulations, the MOFCOM hereby decides to start from November 26, 2012 the investigation concerning whether to levy the antidumping duties on such U.S., South Korean and EU polysilicons and the anti-subsidy duties on such U.S. and EU polysilicons on a retroactive basis.

Relevant matters as follows:

1. Submission by Interested Parties

Interested U.S. or South Korean manufacturers, exporters and Chinese importers, engaged in the exports to China within the investigation period (July 1, 2011-June 30, 2012), shall submit their monthly export/import quantity and value and the importer stock for January-October 2012 within fifteen days from the announcing date herein and shall submit their monthly export quantity and value for a previous month from December 2012 till the month when a preliminary ruling is announced for these cases.

Interested EU manufacturers, exporters and Chinese importers, engaged in the exports to China within the investigation period (July 1, 2011-June 30, 2012), shall submit their monthly export/import quantity and value and the importer stock for May-October 2012 within fifteen days from the announcing date herein and shall submit their monthly export quantity and value for a previous month from December 2012 till the month when a preliminary ruling is announced for these cases.

All the submissions shall be in writing and accompanied with electronic version. The referential format for foreigner submissions is available on http://gpj.mofcom.gov.cn, and that of Chinese submissions is available on www.cacs.gov.cn.

2. Products under Investigation

The products under the retroactive application are solar-grade polysilicons from the United States, Republic of Korea and European Union in accordance with MOFCOM Announcements No. 40, 41, 70 and 71 of 2012.

3. Inquiry by Interested Parties

Interested parties can view the non-confidential copies of the Chinese petitions by downloading from http://gpj.mofcom.gov.cn or going to MOFCOM public information office (tel. 8610-65197878).

4. Noncooperation

Where any interested party fails to provide truthful data or conditions within a reasonable time or hinders the investigations by any other means, the MOFCOM may make relevant rulings based on acquired facts and acquirable best information.

5. The MOFCOM will make its decision on whether to conduct the retroactive levies in its preliminary and final rulings.

6. 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: (8610) 65198196, 65198746, 65198752, 65198747
Fax: (8610) 65198164

The MOFCOM's Bureau of Industry Injury Investigation:

Address: No. 2, East Chang'an Avenue, Beijing, China
Zip Code: 100731
Tel: (8610) 65198062, 65198074, 65198190
Fax: (8610) 65197578