Home > Policies>General Policies

MOFCOM Announcement No. 63 of 2013 on the Preliminary Ruling of the Countervailing Investigation Against Imports of Solar-Grade Polysilicon Originated in the U.S.

Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 63, 2013
Date of Issuance: September 16, 2013

In accordance with the provisions of the Countervailing Regulation of the People's Republic of China (hereinafter referred to as the "Countervailing Regulation"), on July 20, 2012, the Ministry of Commerce issued No. 41 Announcement, deciding to file a case for countervailing investigation against imports of solar-grade polysilicon originated in the U.S., which is listed under tariff No. 28046190 in the Customs Import and Export Tariff of the People’s Republic of China. Electronic-grade polysilicon under such tariff number that is used to produce such semiconductors as integrated circuit and discrete device does not fall into the scope of this investigation.

The Ministry of Commerce (hereinafter referred to as the “Investigating Authority”) has carried out investigation into the existence and amount of subsidies and the injuries to the solar-grade polysilicon industry of China by the imports of solar-grade polysilicon originated in the U.S.. (hereinafter referred to as the "Products Under Investigation") and the extent thereof as well as the causality between subsidies and injuries. According to findings of the investigation and Article 25 of the Countervailing Regulation, the Investigating Authority made its preliminary ruling (see the Annex). Relevant matters are hereby announced as follows:

I. Preliminary Ruling

It is preliminarily ruled by the Investigating Authority that, during the investigation period of this case, there were subsidies for Products Under Investigation and the solar-grade polysilicon industry of China was materially injured, and there was causality between the subsidies and injuries.

II. Scope of Products Under Investigation and Measures

Detailed description of the Products Under Investigation and measures is as follows:
Scope of investigation and measures: imports of solar-grade polysilicon originated in the U.S..
Name of the Products Under Investigation: 太陽能級多晶硅, or solar-grade polysilicon in English.
Detailed description of the Products Under Investigation: the solar-grade polysilicon is made of chlorosilane by means of improved siemens process and silanization method, etc. which is used to produce rodlike polysilicon, blocky polysilicon and granulated polysilicon products of crystalline silicon photovoltaic cells.
Electronic parameter of the Products Under Investigation:
medium phosphorus resistivity <300Ω?cm;
base boron resistivity <2,600Ω?cm;
carbon concentration >1.0×1016 at/cm3; n-type minority carrier life time <500μs; donor impurity concentration>0.3×10-9 and acceptor impurity concentration >0.083×10-9.
Main usage: the solar-grade polysilicon is mainly used to produce solar-grade mono-crystalline silicon stick and directionally solidified polycrystalline silicon ingot, which is the principal raw material for production of crystalline silicon photovoltaic cells.
The product is listed under the Customs Import and Export Tariff of the People’s Republic of China: 28046190. Electronic-grade polysilicon under such tariff number that is used to produce such semiconductors as integrated circuit and discrete device does not fall into the scope of this investigation.

III. Provisional Countervailing Measures

In accordance with Articles 29 and 30 of the Countervailing Regulation, the Investigating Authority proposed to the Customs Tariff Commission of the State Council to take provisional countervailing measures against the Products Under Investigation originated in the U.S.. In accordance with such proposal, the Customs Tariff Commission of the State Council decided to, as of September 20, 2013, take countervailing measures against the imports of the Products Under Investigation originated in the U.S. by collecting provisional security of countervailing duties. Importers shall provide relevant security for the provisional countervailing duties to the Customs of the People’s Republic of China according to the ad valorem subsidy rates of companies determined by the preliminary ruling when importing the Products Under Investigation originated in the U.S..

The security rates for the provisional countervailing duties collected from companies are as follows:
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%
Within the period of investigation, the ad valorem subsidy rate of imports of the Products Under investigation originated in REC Solar Grade Silicon LLC was 0.2%, which was a micro-subsidy; there were no subsidies for the Products Under Investigation originated in REC Advanced Silicon Materials LLC and MEMC Pasadena, Inc.. Therefore, no security for provisional countervailing duties will be collected for imports of the Products Under Investigation from these three companies.

IV. Methods of Provisional Countervailing Measures

As of September 20, 2013, importers shall provide relevant security for the provisional countervailing duties to the Customs of the People’s Republic of China according to the ad valorem subsidy rates of companies determined by the preliminary ruling. The security shall be collected ad valorem on the basis of dutiable value authorized by Chinese Customs. The formula is: security for the provisional countervailing duty= (dutiable value authorized by the Customs × the rate of security for the provisional countervailing duty) × (1+ import VAT rate).

V. Comments

Any interested party may submit written comments attached with relevant evidences to the Investigating Authority within 10 days as of the release of this Announcement, and the Investigating Authority will give a consideration in accordance with laws.

Ministry of Commerce of the People’s Republic of China

September 16, 2013


(Translated by Hou Zuowei)

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

外国黄色三级片