On October 9, 2015, the Ministry of Commerce released the Announcement No. 40 of 2015, declaring that the anti-dumping measures against imports of solar-grade polycrystalline silicon originated in the EU would expire on April 30, 2016. According to the Regulations of the People’s Republic of China on Anti-dumping, where it is determined through the review that the termination of the anti-dumping duties may lead to continuance or recurrence of the dumping and injuries, the period for collection of anti-dumping duties may be properly extended. The domestic industry or any natural person, legal person or relevant organization on behalf of the domestic industry may file a written application for expiry review to the Ministry of Commerce 60 days prior to the expiration of the anti-dumping measures since the date of the announcement.

On February 29, 2016, the Ministry of Commerce received a formal application for expiry review on anti-dumping measures from Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd., Jiangxi LDK PV Silicon Technology Co., Ltd., China Silicon Corporation Ltd. and Chongqing Daqo New Energy Co., Ltd. on behalf of the industry of solar-grade polycrystalline silicon in China. The applicants claimed that, if the anti-dumping measures against imports of solar-grade polycrystalline silicon originated in the EU were terminated, the dumping and the injury to the industry in China might continue or reoccur, and requested the Ministry of Commerce to decide to maintain the anti-dumping measures against imports of solar-grade polycrystalline silicon originated in the EU.

In accordance with relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce has reviewed the qualifications of the applicants, relevant situations of products under investigation and similar products in China, imports of products under investigation during the period of taking anti-dumping measures, the likeliness of continuance or re-occurrence of dumping or injury, and relevant evidence. The existing evidence showed that the applicants complied with the provisions of Article 11, Article 13 and Article 17 of the Regulations of the People’s Republic of China on Anti-dumping on industry and industrial representativeness, thus they were qualified to file applications on behalf of the industry of solar-grade polycrystalline silicon in China. The investigation authority holds that, the claims from the applicants and the prima facie evidence provided comply with the requirements for case-filing of an expiry review.  

In accordance with Article 48 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce decides to initiate expiry review investigation against the anti-dumping measures applicable to imports of solar-grade polycrystalline silicon originated in the EU from May 1, 2016. Relevant matters are hereby announced as follows:

I. Extension of the Anti-dumping Measures

According to the proposal of the Ministry of Commerce, the Customs Tariff Commission of the State Council made a decision to continue to take anti-dumping measures against imports of solar-grade polycrystalline silicon originated in the EU pursuant to the scope and form released in the Announcement No. 25 of 2014 during the period of expiry review investigation.

II. Review Investigation Period

The period of the anti-dumping investigation for this review is from January 1, 2015 to December 31, 2015, and the period of industry injury investigation is from January 1, 2013 to December 31, 2015.

III. Scope of Products of Review Investigation

The scope of products under the review is imports of solar-grade polycrystalline silicon originated in the EU, the same as the scope, to which the anti-dumping measures released in the Announcement No. 25 of 2014 of the Ministry of Commerce are applicable.

IV. Content of the Review

The review is to investigate the likeness of the continuation or recurrence of the dumping and injury in case of termination of the anti-dumping measures taken against imports of solar-grade polycrystalline silicon originated in the EU.

V. Registration for Responding

Any interested party may, within 20 days from investigation, register with the Trade Remedy and Investigation Bureau of MOFCOM for participating in the expiry review investigation, and shall, in accordance with the Reference Format for Responding to Anti-dumping Investigation, provide the basic identity information, and illustrative materials on the volume and value of the products under investigation exported to China or importing the products under investigation of the case during the investigation period and the production and sales volume and value of the similar products, as well as other relevant information. The Reference Format for Responding to Anti-dumping Investigation is available for download from sub-web of Trade Remedy and Investigation Bureau of MOFCOM (http://trb.mofcom.gov.cn).

Interested party as referred to herein shall be any individual or organization as specified under Article 19 of the Regulations of the People’s Republic of China on Anti-dumping.

VI. Access to Public Information

Any interested party may access to the above-mentioned website to download or go to the consultation room of trade remedy public information of the Ministry of Commerce (Tel: 0086-10-65197878) to review, consult, copy and print non-confidential text of the petition submitted by the applicants of the case. In the course of investigation, any interested party may view the public information of the case on the website mentioned above or go to the consultation room of trade remedy public information of the Ministry of Commerce to review, consult, copy and print the public information of the case.

VII. Comments on Case Filing

Any interested party may submit its written comments to Trade Remedy and Investigation Bureau of MOFCOM within 20 days from the investigation if it has any comment on the coverage and classification of the products under this round of investigation, qualification of the applicants, countries under investigation and other related issues.

VIII. Methods of Investigation

The Ministry of Commerce may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain information from interested parties and make investigation in accordance with Article 20 of the Regulations of the People’s Republic of China on Anti-dumping.

In order to obtain the information required for the investigation of the case, the Ministry of Commerce will usually distribute questionnaires to the foreign exporters or producers and domestic producers and importers that are registered for the investigation within 10 working days upon expiration of the registered response specified in the Announcement. Interested parties registered for the investigation may also download the questionnaires from the website mentioned above.
Any other interested party that does not register for the investigation may directly download the questionnaires from relevant websites or seek for the same from the Trade Remedy and Investigation Bureau of MOFCOM and fill and submit the questionnaires as required.

All companies shall submit their answers to any questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information as required by the questionnaire.

IX. Submission and Treatment of Confidential Information

If the information submitted by any interested party to the Ministry of Commerce is required to be treated as confidential, a request to keep such information confidential shall be made to the Ministry of Commerce and relevant reasons shall be stated. If the Ministry of Commerce approves such request, the interested party applying for confidentiality may also provide a non-confidential summary of such confidential information, which shall include sufficient and meaningful information so that other interested parties may have a reasonable understanding of such confidential information. If it fails to provide such non-confidential summary, it shall give the reasons. If confidentiality is not required for the information submitted by any interested party, the Ministry of Commerce will deem it as public information.

X. Consequences of Non-cooperation

In accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-dumping, when the Ministry of Commerce is making an investigation, any interested party shall truthfully reflect the situation and provide relevant information. If any interested party fails to do so or fails to provide necessary information within a reasonable time limit or severely impedes such investigation in other ways, the Ministry of Commerce may make a ruling based on the facts acquired and the best information available.

XI. Investigation Period

The investigation shall commence on May 1, 2016 and end before April 30, 2017.

XII. Contact Information of the Ministry of Commerce

First Division of Import Investigation of Trade Remedy and Investigation Bureau of MOFCOM
Address: No. 2 Dong Chang’an Avenue, Beijing, China
Zip code: 100731
Contact persons: Zheng Jiang, Yu Zhiguo
Tel: 86-10- 65198076
Fax: 86-10-65198172

Ministry of Commerce of the People’s Republic of China
April 29, 2016

Translated by Hou Zuowei