MOFCOM Announcement No.63, 2013 for Anti-Subsidy Ruling on USA Solar Polysilicon
[2013-09-22 17:55:14]
On July 20, 2012, the MOFCOM decided in its annual Announcement No.41 to start an anti-subsidy investigation into the solar–grade polysilicon from the USA under China HS Code 28046190, excluding electronic polysilicon therein.
Based on its findings and China Anti-Subsidy Regulations, the MOFCOM hereby gives a preliminary ruling (see the Annex) and makes clear relevant matters as follows:
1. Preliminary Ruling
During the investigated period, the investigated products were subsidized and China's domestic industry suffered material injury, and the cause-and-effect relationship existed between the subsidy and the injury.
2. Scope of the investigated products and anti-subsidy measures
The investigated scope: imported Solar-Grade Polysilicon originating in the United States of America
Product Description: rodlike polysilicon, lump polysilicon, and granular polysilicon made by (improved) Siemens process and silanization process with chloro-silicane, and used for making crystalline silicon photovoltaic cells.
China HS Code in effect: 28046190; excluding the electronic-grade polysilicon used for making semi-conductor products.
3. Provisional Anti-subsidy Measures
Based on the MOFCOM's anti-subsidy proposal, the Customs Tariff Commission of China has decided to levy provisional anti-subsidy security deposit on the USA products as from September 20, 2013.
The importers of the investigated products shall submit the provisional security deposit to China Customs at the ad valorem subsidy rates specified below:
1. Hemlock Semiconductor Corporation - 6.5%
2. REC Solar Grade Silicon LLC - 0%
3. REC Advanced Silicon Materials LLC - 0%
4. MEMC Pasadena, Inc. - 0%
5. AE Polysilicon Corporation - 6.5%
6. All Others - 6.5%
During the subsidy-investigated period, REC Solar Grade Silicon LLC took a micro 0.2% subsidy, while REC Advanced Silicon Materials LLC and MEMC Pasadena were not subsidized; so the products made by the three companies are to be exempt from the anti-subsidy security deposit.
4. Anti-subsidy Implementation Method
As of September 20, 2013, the importers of the investigated products shall submit the provisional anti-subsidy security deposit to China Customs at the ad valorem subsidy rates herein in the formula: Anti-subsidy Security Deposit Amount = (customs duty-paid value × provisional deposit rate) × (1+import value-added tax rate)
5. Commentary
The interested parties may, within ten days from the issue date, submit their written comments and relevant evidences to the MOFCOM.
Annex: MOFCOM Preliminary Anti-Subsidy Ruling on USA Solar Polysilicon (omitted)
The Ministry of Commerce of China (MOFCOM)
September 16, 2013
Based on its findings and China Anti-Subsidy Regulations, the MOFCOM hereby gives a preliminary ruling (see the Annex) and makes clear relevant matters as follows:
1. Preliminary Ruling
During the investigated period, the investigated products were subsidized and China's domestic industry suffered material injury, and the cause-and-effect relationship existed between the subsidy and the injury.
2. Scope of the investigated products and anti-subsidy measures
The investigated scope: imported Solar-Grade Polysilicon originating in the United States of America
Product Description: rodlike polysilicon, lump polysilicon, and granular polysilicon made by (improved) Siemens process and silanization process with chloro-silicane, and used for making crystalline silicon photovoltaic cells.
China HS Code in effect: 28046190; excluding the electronic-grade polysilicon used for making semi-conductor products.
3. Provisional Anti-subsidy Measures
Based on the MOFCOM's anti-subsidy proposal, the Customs Tariff Commission of China has decided to levy provisional anti-subsidy security deposit on the USA products as from September 20, 2013.
The importers of the investigated products shall submit the provisional security deposit to China Customs at the ad valorem subsidy rates specified below:
1. Hemlock Semiconductor Corporation - 6.5%
2. REC Solar Grade Silicon LLC - 0%
3. REC Advanced Silicon Materials LLC - 0%
4. MEMC Pasadena, Inc. - 0%
5. AE Polysilicon Corporation - 6.5%
6. All Others - 6.5%
During the subsidy-investigated period, REC Solar Grade Silicon LLC took a micro 0.2% subsidy, while REC Advanced Silicon Materials LLC and MEMC Pasadena were not subsidized; so the products made by the three companies are to be exempt from the anti-subsidy security deposit.
4. Anti-subsidy Implementation Method
As of September 20, 2013, the importers of the investigated products shall submit the provisional anti-subsidy security deposit to China Customs at the ad valorem subsidy rates herein in the formula: Anti-subsidy Security Deposit Amount = (customs duty-paid value × provisional deposit rate) × (1+import value-added tax rate)
5. Commentary
The interested parties may, within ten days from the issue date, submit their written comments and relevant evidences to the MOFCOM.
Annex: MOFCOM Preliminary Anti-Subsidy Ruling on USA Solar Polysilicon (omitted)
The Ministry of Commerce of China (MOFCOM)
September 16, 2013
Source: ETCN
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