MOFCOM Announcement No.5, 2014 on Antidumping Ruling on Solar Polysilicon from USA & South Korea

On July 20, 2012, the Ministry of Commerce (MOFCOM) decided in its annual announcement no.40 to launch antidumping investigation into the solar-grade polysilicon from the USA and South Korea under Chinese HS Code 28046190, but except the electronic-grade polysilicon thereunder.

Based on its findings and China's Antidumping Regulations, on July 18, 2013, the MOFCOM made a preliminary ruling that the investigated polysilicon were dumped to China, which consequently inflicted material injury on China's solar polysilicon industry.

Now, the MOFCOM hereby gives its final ruling on the case (see the annex), with relevant matters announced below:

1. Final Ruling
Within the investigated period for the case, the investigated products from the USA and South Korea were dumped to China, and China's solar polysilicon industry was materially injured, and there is a cause-effect relationship between the dumping and the material injury.

2. The Investigated Products
Importing Solar-Grade Polysilicon, originating in the USA and in South Korea;

Description: rodlike, lump and granular polysilicon products made from Chloro-silicane materials and used for the production of crystalline silicon photovoltaic cells.

Electrical parameters: phosphorus-based resistivity <300 ohms∙cm (Ω∙cm); boron-based resistivity <2600 ohm∙cm (Ω∙cm); carbon concentration> 1.0 × 1016 (at/cm3); n-type minority carrier lifetime <500μs; donor impurity concentration> 0.3×10-9; acceptor impurity concentration>0.083×10-9;

Governing Chinese HS Code: 28046190, but except electronic-grade polysilicon used for making semi-conductor products.

3. Antidumping Duties
As of January 20, 2014, the investigated products from the USA and South Korea shall be subjected to China's antidumping duties, whose rates are formulated as below on the companies involved:

USA Companies:

(1) Hemlock Semiconductor Corporation –53.3%;
(2) REC Solar Grade Silicon LLC – 57%;
(3) REC Advanced Silicon Materials LLC – 57%;
(4) MEMC Pasadena, Inc. – 53.6%;
(5) AE Polysilicon Corporation - 57%;
(6) All Others – 57%

South Korean Companies:

(1) Woongjin Polysilicon Co.,Ltd. - 12.3%;
(2) OCI Company Ltd. - 2.4%;
(3) Hankook Silicon Co.,Ltd. - 2.8%;
(4) KCC Corp. and Korean Advanced Materials（KAM Corp.）- 48.7%;
(5) Innovation Silicon Co., Ltd. - 48.7%;
(6) All Others - 12.3%

4. Levy Method
As of January 20, 2014, relevant importers shall pay the antidumping duties to China Customs in the formula: Antidumping Duty Amount = Customs-set Duty-Paid Value × Antidumping Duty Rate; the import value-added tax (VAT) shall also be levied ad valorem by using customs-set duty-paid value plus import duty and antidumping duty amounts.

5. Retroactivity of the Antidumping Duties
As regards the antidumping cash deposit delivered to China Customs during July 24, 2013-January 19, 2014, they shall be converted into the antidumping duties at the duty rates provided herein, with import VAT to be levied;

Where the cash deposit exceeds the antidumping duty amount, and the paid VAT is more than regulated amount, the customs shall return the excess to the payer; any shortage thereof shall not be levied any more.
The antidumping duties shall not be retroactively imposed on those imports done before MOFCOM announcement of relevant provisional antidumping measures.

6. Duty Validity Period
The antidumping duties shall be maintained for five years from January 20, 2014.

7. Review for New Exporter
The qualified new exporters without the investigated exports to China within the investigated period may request in writing the MOFCOM to conduct review for them as per China's Antidumping Regulations.

8. Interim Review
During the levy of antidumping duties, the interested parties may request in writing the MOFCOM to conduct interim review on the case.

9. Administrative Review and Litigation
The interested parties in objection to the final ruling may apply to the MOFCOM for administrative review and may institute legal proceedings with China court of justice.

10. This Announcement shall enter into force on January 20, 2014.
Annex: MOFCOM Final Ruling for the Antidumping on Solar Polysilicon from the USA & South Korea (omitted)



The Ministry of Commerce of China (MOFCOM)

January 20, 2014