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MOFCOM Announcement No. 48 of 2013 on the Preliminary Ruling of the Anti-dumping Against Imports of Solar-Grade Polysilicon Originated in the USA and South Korea

Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 48, 2013
Date of Issuance: July 18, 2013

In accordance with the provisions of Regulations of the People's Republic of China on Anti-dumping (hereinafter referred to as the "Anti-dumping Regulations"), on July 20, 2012, the Ministry of Commerce issued No. 40 announcement, deciding to carry out anti-dumping case-filling investigation into imports of solar-Grade polysilicon originated in the USA and South Korea, 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 “Investigation Authority”) has implemented investigation into the existence of dumping and dumping margin and the injuries to the solar-Grade polysilicon industry of China by the imports of solar-Grade polysilicon originated in the USA and South Korea (hereinafter referred to as the "products under investigation") and the extent thereof and the causality between dumping and injury. According to findings of the investigation and Article 24 of the Anti-dumping Regulations, the Investigation Authority makes its preliminary ruling (see the annex). Relevant matters are hereby announced as follows:

I. Preliminary Ruling

It is preliminarily ruled by the Investigation Authority that, during the investigation period of this case, the products under investigation were involved in dumping and the solar-Grade polysilicon industry of China was materially injured, and there was causality between the dumping and injury.

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 USA and South Korea.
Name of the products under investigation: 太阳能级多晶硅, 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>0.3×109 and acceptor impurity concentration >0.083×109.

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 Anti-dumping Measures
In accordance with Article 28 and Article 29 of the Anti-dumping Regulations, the Investigation Authority decided to carry out a provisional anti-dumping measure by collection of security deposit. Since July 24, 2013, the import operators, when importing the products under investigation, shall pay corresponding security deposits to the Customs of the People’s Republic of China in light of dumping margins determined by this preliminary ruling. Dumping margins of each involved company are listed as follows:

CountryName of CompanyRate of Security Deposit
The USA1. REC Solar Grade Silicon LLC57%
2. REC Advanced Silicon Materials LLC57%
3. Hemlock Semiconductor Corporation53.30%
4. MEMC Pasadena, Inc.53.70%
5. AE Polysilicon Corporation57%
6. All Others57%
South Korea1. Woongjin Polysilicon Co., Ltd.12.30%
2. OCI Company Ltd.2.40%
3. Hankook Silicon Co., Ltd.2.80%
4. KCC Corp. and Korean Advanced Materials (KAM Corp.)48.70%
5. Innovation Silicon Co., Ltd.48.70%
6. All Others12.30%


Ministry of Commerce of the People’s Republic of China
July 18, 2013

(Translated by Huang Lin)

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