MINISTRY OF COMMERCE PEOPLE'S REPUBLIC OF CHINA
MINISTRY OF COMMERCEMOFCOM Announcement No.70 of 2012 on Filing for Anti-subsidy Investigation against Polysilicon Originated fromthe European Union
Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No.70, 2012
Date of Issuance: November 1, 2012
The Ministry of Commerce received, on September 17, 2012, the written petition for anti-dumping investigation formally submitted by Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd., Jiangxi LDK Photovoltaic Silicon Technology Co., Ltd., China Silicon Corporation Ltd. and Chongqing Daqo New Energy Co., Ltd. (hereinafter referred to as “the petitioners”) on behalf of domestic solar-grade polysilicon industry, in which the petitioners requested an anti-subsidy investigation to be carried out against imports of solar-grade polysilicon originated fromthe European Union, and to be combined with the anti-subsidy investigation issued by the Ministry of Commerce on July 20, 2012 against imports of solar-grade polysilicon originated from the U.S. and South Korea and anti-subsidy investigation against imports of solar-grade polysilicon originated from the U.S. on the same date to accumulatively evaluate the impact of the imports of the investigated products originated from the above three countries (regions) on the domestic industry.
In accordance with the provisions in Article 16 of the Regulations on Anti-subsidy of the People’s Republic of China, on October 15, 2012, the Ministry of Commerce made an invitation for consultations concerning the anti-subsidy issue to the EU Commission, and exchanged views on such issue with the European party on October 26, 2012.
In accordance with the Regulations on Anti-subsidy of the People’s Republic of China, the Ministry of Commerce made an examination on qualification of the petitioners, the information of the investigated products, similar products in China, impact on the domestic industry of the imported products and countries (regions) involved. The Ministry of Commerce alsoreviewed the evidence of subsidy, injury and the causal link between subsidy and injury provided by the petitioners. The evidence initially provided by the petitioners suggests that, the aggregate solar-grade polysilicon output of the petitioners(Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd., Jiangxi LDK Photovoltaic Silicon Technology Co., Ltd., China Silicon Corporation Ltd. and Chongqing Daqo New Energy Co., Ltd.) has a share of over 50% of the total output of similar products in China Mainland in 2008, 2009, 2010, 2011 and January to June of 2012, complying with the requirements of Article 11, 13 and 17 of Regulations on Anti-subsidy of the People’s Republic of China on petitioning for anti-subsidy investigation by domestic industry. Meanwhile, the petition contains the contents and related evidence required for anti-subsidy investigation by Article 14 and 15 of the Regulations on Anti-subsidy of the People’s Republic of China.
In accordance with the examination results above and the provisions of Article 16 of the Regulations on Anti-subsidy of the People’s Republic of China, the Ministry of Commerce decided to initiate an anti-subsidy investigation against imports of solar-grade polysilicon from the European Union since November 1, 2012 and combined the investigation with the anti-subsidy investigation issued by the Ministry of Commerce on July 20, 2012 against imports of solar-grade polysilicon originated from the U.S. and South Korea and anti-subsidy investigation against imports of solar-grade polysilicon originated from the U.S. on the same date. And it is hereby announced as follows:
I. Filing for Investigation and Period of Investigation
As of the date of issuance of this Announcement, the Ministry of Commerce performs anti-subsidy investigation against imports of solar-grade polysilicon originated from the European Union, and the period of anti-dumping investigation as determined for this investigation is from July 1, 2011 to June 30, 2012, and that of industry injury investigation is from January 1, 2008 to June 30, 2012.
II. Products under Investigation and Scope of Investigation
Scope of Investigation: imports of solar-grade polysilicon originated from the European Union
Name of Products under Investigation: Solar-Grade Polysilicon.
Detailed Description of Products under Investigation: they are produced by processes of the (modified) Siemens process, silane process and some other process with chlorosilanes as the raw material. They are used to produce rod polysilicon, massive polysilicon and granular polysilicon products for crystalline silicon photovoltaic batteries.
Electrical Parameters of Investigated Product: Phosphorus-based Resistivity ＜300Ω•cm; Boron-based Resistivity ＜2600Ω•cm;Concentration of Carbon ＞1.0×1016 (at/cm3);n-type Minority Carrier Lifetime＜500μs; Donor Impurity ＞0.3×109; Acceptor Impurity＞0.083×109.
Main Usage: it is mainly used for the production of solar-grade silicon monocrystalline rod and directional solidification polysilicon silicon ingot, and it is the major raw material for the production of crystalline silicon photovoltaic batteries.
The product is included under a tariff number of 28046190 in the Customs Import and Export Tariff of the People’s Republic of China. The electronic-grade polysilicon under this tariff number, which is used to manufacture semiconductor products such as integrated circuits and discrete devices, is not covered by the investigation.
III. Anti-subsidy investigation items
In the petition submitted, the petitioners claimed that totally 3 subsidy items were provided to the investigated industry and enterprises by the European Union. Through the review, the following subsidy items claimed by the petitioners are covered in this investigation:
(1) The investment grants for “common tasks to improve regional economic structure” by Germany
(2) The item of “investment subsidy” in the eastern area of Germany
(3) Policy-based loans from European Investment Bank
IV. Registration for Responding
For the purpose of subsidy investigation, any interested party and government of interested countries (regions) may, within 20 days from the release of this Announcement, register with the Bureau of Fair Trade for Imports and Exports of MOFCOM for responding, and exporters or manufacturers registered for responding shall provide to the Ministry of Commerce the volume and value of products under investigation exported to China from July 1, 2011 to June 30, 2012. The Reference Format for Responding to Anti-subsidy Investigation can be downloaded from the column of “Trend of Case” at thewebsite of the Bureau of Fair Trade for Imports and Exports, sub webof the Ministry of Commerce (http://gpj.mofcom.gov.cn).
For the purpose of industry injury investigation, any interested party and government of interested countries (regions) may, within 20 days from the release of this Announcement, register with the Bureau of Industry Injury Investigation of MOFCOM for responding, and provide the Ministry of Commerce with production capacity, output, inventory, plans for construction and expansion and the volume and value of the products under investigation exported to China. The Application Form for Participation in Industry Injury Investigation against Anti-Subsidy of Solar-Grade Polysilicon Products can be downloaded from the column of Registration for Responding in “China Trade Remedy Information” at www.cacs.gov.cn.
V. Rights of interested parties and governments of interested countries (regions)
Any interested party or government of interested country (region) may access to non-confidential text of petition submitted by the petitioners from the column of “Trend of Case” at the website of the Bureau of Fair Trade for Imports and Exports, sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn) or in the reading room of public information office (Tel: 010-65197878).
Any interested party or government of interested country (region) may submit written comments to the Ministry of Commerce within the registration period, if it has objections to the coverage of this investigation, qualifications of the petitioners, country under investigation and other related issues.
VI. Methods of investigation
Investigation authorities may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain and investigate information from interested parties and the governments of interested countries (regions).
VII. Questionnaire
(I) Questionnaire on Subsidy of Solar-Grade Polysilicon in the Anti-subsidy Case
Within 10 business days upon expiration of the registered response specified in this Announcement, the Ministry of Commerce will distribute the Questionnaire to the registered responding companies and other companies listed in the petition. The Questionnaire consists of such matters as organization and operation of the company, connected companies, production cost and sales, and details of each subsidy item. The Ministry of Commerce will also distribute the Questionnaire to the registered responding governments and governments of involved countries (regions) listed in the petition within 10 business days upon expiration of the registered response specified in this Announcement.
The Questionnaire on Subsidy of Solar-Grade Polysilicon in the Anti-subsidy Case is available in the column “Trend of Case” in the website of Bureau of Fair Trade for Imports and Exports, sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn). Other companies that are not registered for the response may directly download or ask the Ministry of Commerce for the Questionnaire and then complete and submit it as required.
All the above mentioned companies and governments of involved countries (regions) shall submit their answers to the Questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information required by the Questionnaire and shall be returned to the Ministry of Commerce within 37 days as of distribution of the Questionnaire. Responding companies showing that they cannot complete the Questionnaire by the expiry date with just causes shall, seven days prior to the deadline of submitting the answers, submit a written application to the Ministry of Commerce for an extension stating the request of extension and reasons.
For responding companies and governments of involved countries (regions) that fail to submit their answers or fail to submit complete and accurate answers as required within the specified period of time, or refuse the Ministry of Commerce to verify the information provided by them, or seriously impede the investigation in other ways, the Ministry of Commerce may make a decision based on obtained facts and best available information in accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-subsidy.
(2)Questionnaire on Industry Injuries in the Anti-subsidy Case against Solar-Grade Polysilicon
Relevant notices on the Questionnaire on industry injuries are available on the website of China Trade Remedy Information (website: http://www.cacs.gov.cn).
VIII. Starting from November 1, 2012, the investigation shallbe finished by November 1, 2013 in normal circumstances, and maybe extended to May 1, 2014 in case of special circumstances.
IX. Address of the Ministry of Commerce:
No. 2 Dong Chang’an Avenue, Beijing
Zip code: 100731
Bureau of Fair Trade for Imports and Exportsof MOFCOM
Tel: 86-10-65198196, 65198746, 65198752, 65198747
Fax: 86-10-65198164
Bureau of Industry Injury Investigationof MOFCOM
Tel: 86-10-65198062, 65198074, 65198190
Fax: 86-10-65197578
Appendix:Reference Format for Applying for Response to Anti-subsidy Investigation against Solar-Grade Polysilicon
All information published in this website is authentic in Chinese. English is provided for reference only.
Announcement No.70, 2012
Date of Issuance: November 1, 2012
The Ministry of Commerce received, on September 17, 2012, the written petition for anti-dumping investigation formally submitted by Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd., Jiangxi LDK Photovoltaic Silicon Technology Co., Ltd., China Silicon Corporation Ltd. and Chongqing Daqo New Energy Co., Ltd. (hereinafter referred to as “the petitioners”) on behalf of domestic solar-grade polysilicon industry, in which the petitioners requested an anti-subsidy investigation to be carried out against imports of solar-grade polysilicon originated fromthe European Union, and to be combined with the anti-subsidy investigation issued by the Ministry of Commerce on July 20, 2012 against imports of solar-grade polysilicon originated from the U.S. and South Korea and anti-subsidy investigation against imports of solar-grade polysilicon originated from the U.S. on the same date to accumulatively evaluate the impact of the imports of the investigated products originated from the above three countries (regions) on the domestic industry.
In accordance with the provisions in Article 16 of the Regulations on Anti-subsidy of the People’s Republic of China, on October 15, 2012, the Ministry of Commerce made an invitation for consultations concerning the anti-subsidy issue to the EU Commission, and exchanged views on such issue with the European party on October 26, 2012.
In accordance with the Regulations on Anti-subsidy of the People’s Republic of China, the Ministry of Commerce made an examination on qualification of the petitioners, the information of the investigated products, similar products in China, impact on the domestic industry of the imported products and countries (regions) involved. The Ministry of Commerce alsoreviewed the evidence of subsidy, injury and the causal link between subsidy and injury provided by the petitioners. The evidence initially provided by the petitioners suggests that, the aggregate solar-grade polysilicon output of the petitioners(Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd., Jiangxi LDK Photovoltaic Silicon Technology Co., Ltd., China Silicon Corporation Ltd. and Chongqing Daqo New Energy Co., Ltd.) has a share of over 50% of the total output of similar products in China Mainland in 2008, 2009, 2010, 2011 and January to June of 2012, complying with the requirements of Article 11, 13 and 17 of Regulations on Anti-subsidy of the People’s Republic of China on petitioning for anti-subsidy investigation by domestic industry. Meanwhile, the petition contains the contents and related evidence required for anti-subsidy investigation by Article 14 and 15 of the Regulations on Anti-subsidy of the People’s Republic of China.
In accordance with the examination results above and the provisions of Article 16 of the Regulations on Anti-subsidy of the People’s Republic of China, the Ministry of Commerce decided to initiate an anti-subsidy investigation against imports of solar-grade polysilicon from the European Union since November 1, 2012 and combined the investigation with the anti-subsidy investigation issued by the Ministry of Commerce on July 20, 2012 against imports of solar-grade polysilicon originated from the U.S. and South Korea and anti-subsidy investigation against imports of solar-grade polysilicon originated from the U.S. on the same date. And it is hereby announced as follows:
I. Filing for Investigation and Period of Investigation
As of the date of issuance of this Announcement, the Ministry of Commerce performs anti-subsidy investigation against imports of solar-grade polysilicon originated from the European Union, and the period of anti-dumping investigation as determined for this investigation is from July 1, 2011 to June 30, 2012, and that of industry injury investigation is from January 1, 2008 to June 30, 2012.
II. Products under Investigation and Scope of Investigation
Scope of Investigation: imports of solar-grade polysilicon originated from the European Union
Name of Products under Investigation: Solar-Grade Polysilicon.
Detailed Description of Products under Investigation: they are produced by processes of the (modified) Siemens process, silane process and some other process with chlorosilanes as the raw material. They are used to produce rod polysilicon, massive polysilicon and granular polysilicon products for crystalline silicon photovoltaic batteries.
Electrical Parameters of Investigated Product: Phosphorus-based Resistivity ＜300Ω•cm; Boron-based Resistivity ＜2600Ω•cm;Concentration of Carbon ＞1.0×1016 (at/cm3);n-type Minority Carrier Lifetime＜500μs; Donor Impurity ＞0.3×109; Acceptor Impurity＞0.083×109.
Main Usage: it is mainly used for the production of solar-grade silicon monocrystalline rod and directional solidification polysilicon silicon ingot, and it is the major raw material for the production of crystalline silicon photovoltaic batteries.
The product is included under a tariff number of 28046190 in the Customs Import and Export Tariff of the People’s Republic of China. The electronic-grade polysilicon under this tariff number, which is used to manufacture semiconductor products such as integrated circuits and discrete devices, is not covered by the investigation.
III. Anti-subsidy investigation items
In the petition submitted, the petitioners claimed that totally 3 subsidy items were provided to the investigated industry and enterprises by the European Union. Through the review, the following subsidy items claimed by the petitioners are covered in this investigation:
(1) The investment grants for “common tasks to improve regional economic structure” by Germany
(2) The item of “investment subsidy” in the eastern area of Germany
(3) Policy-based loans from European Investment Bank
IV. Registration for Responding
For the purpose of subsidy investigation, any interested party and government of interested countries (regions) may, within 20 days from the release of this Announcement, register with the Bureau of Fair Trade for Imports and Exports of MOFCOM for responding, and exporters or manufacturers registered for responding shall provide to the Ministry of Commerce the volume and value of products under investigation exported to China from July 1, 2011 to June 30, 2012. The Reference Format for Responding to Anti-subsidy Investigation can be downloaded from the column of “Trend of Case” at thewebsite of the Bureau of Fair Trade for Imports and Exports, sub webof the Ministry of Commerce (http://gpj.mofcom.gov.cn).
For the purpose of industry injury investigation, any interested party and government of interested countries (regions) may, within 20 days from the release of this Announcement, register with the Bureau of Industry Injury Investigation of MOFCOM for responding, and provide the Ministry of Commerce with production capacity, output, inventory, plans for construction and expansion and the volume and value of the products under investigation exported to China. The Application Form for Participation in Industry Injury Investigation against Anti-Subsidy of Solar-Grade Polysilicon Products can be downloaded from the column of Registration for Responding in “China Trade Remedy Information” at www.cacs.gov.cn.
V. Rights of interested parties and governments of interested countries (regions)
Any interested party or government of interested country (region) may access to non-confidential text of petition submitted by the petitioners from the column of “Trend of Case” at the website of the Bureau of Fair Trade for Imports and Exports, sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn) or in the reading room of public information office (Tel: 010-65197878).
Any interested party or government of interested country (region) may submit written comments to the Ministry of Commerce within the registration period, if it has objections to the coverage of this investigation, qualifications of the petitioners, country under investigation and other related issues.
VI. Methods of investigation
Investigation authorities may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain and investigate information from interested parties and the governments of interested countries (regions).
VII. Questionnaire
(I) Questionnaire on Subsidy of Solar-Grade Polysilicon in the Anti-subsidy Case
Within 10 business days upon expiration of the registered response specified in this Announcement, the Ministry of Commerce will distribute the Questionnaire to the registered responding companies and other companies listed in the petition. The Questionnaire consists of such matters as organization and operation of the company, connected companies, production cost and sales, and details of each subsidy item. The Ministry of Commerce will also distribute the Questionnaire to the registered responding governments and governments of involved countries (regions) listed in the petition within 10 business days upon expiration of the registered response specified in this Announcement.
The Questionnaire on Subsidy of Solar-Grade Polysilicon in the Anti-subsidy Case is available in the column “Trend of Case” in the website of Bureau of Fair Trade for Imports and Exports, sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn). Other companies that are not registered for the response may directly download or ask the Ministry of Commerce for the Questionnaire and then complete and submit it as required.
All the above mentioned companies and governments of involved countries (regions) shall submit their answers to the Questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information required by the Questionnaire and shall be returned to the Ministry of Commerce within 37 days as of distribution of the Questionnaire. Responding companies showing that they cannot complete the Questionnaire by the expiry date with just causes shall, seven days prior to the deadline of submitting the answers, submit a written application to the Ministry of Commerce for an extension stating the request of extension and reasons.
For responding companies and governments of involved countries (regions) that fail to submit their answers or fail to submit complete and accurate answers as required within the specified period of time, or refuse the Ministry of Commerce to verify the information provided by them, or seriously impede the investigation in other ways, the Ministry of Commerce may make a decision based on obtained facts and best available information in accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-subsidy.
(2)Questionnaire on Industry Injuries in the Anti-subsidy Case against Solar-Grade Polysilicon
Relevant notices on the Questionnaire on industry injuries are available on the website of China Trade Remedy Information (website: http://www.cacs.gov.cn).
VIII. Starting from November 1, 2012, the investigation shallbe finished by November 1, 2013 in normal circumstances, and maybe extended to May 1, 2014 in case of special circumstances.
IX. Address of the Ministry of Commerce:
No. 2 Dong Chang’an Avenue, Beijing
Zip code: 100731
Bureau of Fair Trade for Imports and Exportsof MOFCOM
Tel: 86-10-65198196, 65198746, 65198752, 65198747
Fax: 86-10-65198164
Bureau of Industry Injury Investigationof MOFCOM
Tel: 86-10-65198062, 65198074, 65198190
Fax: 86-10-65197578
Appendix:Reference Format for Applying for Response to Anti-subsidy Investigation against Solar-Grade Polysilicon
Ministry of Commerce of the People’s Republic of China
November 1, 2012
Translated by Huang Liang
All information published in this website is authentic in Chinese. English is provided for reference only.