On April 30, 2014, the Ministry of Commerce of the People's Republic of China (the “Investigation Authority”) issued Announcement No.26 of 2014, deciding to conduct countervailing measures against imports of solar-grade polysilicon originated in the EU for two years from May 1, 2014.
On April 29, 2016, the Investigation Authority released No.14 announcement of 2016, deciding to conduct midterm review investigation into the countervailing measures applicable to imports of solar-grade polysilicon originated in the EU from May 1, 2016.
The Investigation Authority conducted investigation into the possibility of continuation or reoccurrence of subsidies for the imports of solar-grade polysilicon originated in the EU and the injury caused to solar-grade polysilicon industy in China in case of terminating the original countervailing measures. In accordance with Article 47 of the Countervailing Rules of the People's Republic of China (the “Countervailing Rules”), the Investigation Authority made the ruling on the review (See the Annex) and related matters are announced as follows:
I. Review Ruling
The Investigation Authority ruled that the subsidies for the imports of solar-grade polysilicon originated in the EU could continue or reoccur in case of terminating the countervailing measures; and the injury caused by the imports of solar-grade polysilicon originated in the EU to the industry of solar-grade polysilicon in China may continue or reoccur.
II. Countervailing Measures
Pursuant to Article 49 of the Countervailing Rules, the Investigation Authority proposed to continue the countervailing measures to the Customs Tariff Commission of the State Council according to the findings of the investigation in consideration of the present situation and development of supply and demand of domestic solar-grade polysilicon market. The Customs Tariff Commission of the State Council decided according to the suggestions of the Investigation Authority to levy anti-dumping duties under the scope and rate as announced by the MOFCOM No.26 of 2014 as of May 1, 2017 for 18 months.
The description of the products subject to the countervailing duties is the same as that set out in MOFCOM Announcement No. 26 of 2014:
Name of the Products under Investigation: solar-grade polysilicon. English name: Solar-Grade Polysilicon.
Details of the Products under Investigation: rodlike polycrystalline silicon, bulk polycrystalline silicon and graininess polycrystalline silicon of which chlorosilane is the raw material, and that is produced by using the modified Siemens process, silane method and others, and used for the production of crystalline silicon photovoltaic cells.
Electrical parameters of the Products under Investigation: phosphorus specific resistance < 300 Ω/cm; boron specific resistance < 2600 Ω/cm; carbon intensity >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.
Main purposes: mainly used for the production of solar grade monocrystalline silicon rods and directionally solidified polycrystalline silicon ingots and are main raw materials for the production of crystalline silicon photovoltaic cells.
The product is listed under tariff number of 28046190 in the Customs Import and Export Tariff of the People’s Republic of China. Electronic grade polycrystalline silicons used for production of integrated circuit, discrete device and other semiconductor products under the above tariff number fall beyond the scope of the Products under Investigation.
In accordance with the Countervailing Rules, the Investigation Authority decided to continue honoring its price commitments on the imports of the Products under Investigation by Wacker Chemie AG. Wacker Chemie AG agreed to automatically extend the price commitment agreement concluded the first trial period. During the implementation of the price commitments, the Products under Investigation imported from Wacker Chemie AG will not be subject to countervailing duties. In the event of a breach of the price commitment or any other termination thereof, the countervailing duties will be levied in accordance with the subsidies margin determined in Announcement No.26 of 2014.
III. Methods of Levying Countervailing Duties
As of May 1, 2017, import operators shall pay relevant countervailing duties to the Customs of the People’s Republic of China when importing solar-grade polysilicon originated in the EU. The countervailing duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: countervailing duties = dutiable value authorized by China Customs x rate of countervailing duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and countervailing duties as the taxable value.
IV. Administrative Reconsideration and Administrative Litigation
Any person who refuses to accept the review may, according to Article 52 of the Countervailing Rules, apply for an administrative reconsideration or initiate litigation to the people's court.
V. MOFCOM Announcement No.23 of 2017 on the Final Review of the Countervailing Measures against Imports of Solar-grade Polysilicon Originated in the EU will take effect as of May 1, 2017.
Ministry of Commerce of the People’s Republic of China
April 28, 2017