Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 84, 2012
Date of Issuance: November 26, 2012

In accordance with the provisions of Regulations of the People’s Republic of China on Anti-dumping and Countervailing Regulation of the People’s Republic of China, and in response to the petitions from domestic solar grade polysilicon industry, on July 20, 2012, the Ministry of Commerce (hereinafter referred to as the “Investigation Authority”) issued Announcement No. 40 to initiate an anti-dumping investigation against imports of solar grade polysilicon originated in the United States and South Korea. On the same day, the Ministry of Commerce issued Announcement No. 41 to initiate an anti-subsidy investigation against imports of solar grade polysilicon originated in the United States. On November 1, 2012, the Ministry of Commerce issued Announcement No. 70 and No. 71 to initiate an anti-dumping investigation and an anti-subsidy investigation against imports of solar grade polysilicon originated in the EU and combined the investigation with the anti-dumping investigation against imports of solar grade polysilicon originated in the United States and South Korea and an anti-subsidy investigation against imports of solar grade polysilicon originated in the United States initiated by the Ministry of Commerce on July 20, 2012.

On September 7, 2012, domestic petitioners submitted Petition to Impose Retrospective Countervailing Duties against Solar Grade Polysilicon Originated in the United States and Petition to Impose Retrospective Anti-dumping Duties against Solar Grade Polysilicon Originated in the United States and South Korea to the Investigation Authority. On November 8, 2012, domestic petitioners submitted to the Investigation Authority Petition to Impose Retrospective Anti-dumping Duties against Solar Grade Polysilicon Originated in the EU and Petition to Impose Retrospective Countervailing Duties against Solar Grade Polysilicon Originated in the EU. The application materials mentioned above have been sent to the reading room of public information office of the Ministry of Commerce.

The Investigation Authority examined the petitions on retrospective taxation above, and in accordance with the provisions of Article 44 of Regulations of the People’s Republic of China on Anti-dumping and Article 45 of Countervailing Regulation of the People’s Republic of China, the Ministry of Commerce decided from November 26, 2012, to start according to law an investigation into whether to impose retrospective anti-dumping duties against imports of solar grade polysilicon originated in the United States, South Korea and the EU, and whether to impose retrospective anti-subsidy duties against imports of solar grade polysilicon originated in the United States and the EU. Relevant matters are hereby announced as follows:

I. Submission of materials by interested parties

Any producer or exporter from the United States or South Korea exporting solar grade polysilicon to China and domestic importer in the investigation period (July 1, 2011 to June 30, 2012) of the case shall, within 15 days since the issuance of this Announcement, submit to the Investigation Authority the export/import quantity and amount of the products under investigation to China and the inventory level of domestic importers from January to October 2012 calculated on a monthly basis; submit month by month to the Investigation Authority, the export quantity and amount of products under investigation to China for the last month from December 2012 till the month of the issuance of the announcement of preliminary ruling of this case.

Any producer or exporter from the EU exporting solar grade polysilicon to China and domestic importer in the investigation period (July 1, 2011 to June 30, 2012) of the case shall, within 15 days since the issuance of this Announcement, submit to the Investigation Authority, the export/import quantity and amount of the products under investigation to China and the inventory level of domestic importers from May to October 2012 calculated on a monthly basis; submit month by month to the Investigation Authority, the export quantity and amount of products under investigation to China for the last month from December 2012 till the month of the issuance of the announcement of preliminary ruling.

The information above shall be submitted in writing and the electronic version shall be provided. The reference format for the data submitted by foreign (regional) producers or exporters may be downloaded from the column of “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports (http://gpj.mofcom.gov.cn), sub web of the website of the Ministry of Commerce. The reference format for the data submitted by domestic importers may be downloaded on “China Trade Remedy Information” (www.cacs.gov.cn).

II. Products under investigation and scope of investigation

The products under investigation for the retrospective taxation are imports of solar grade polysilicon originated in the United States, South Korea and the EU. The specific scope of products shall be subject to Announcement No. 40, No. 41, No. 70 and No. 71 of 2012 by the Ministry of Commerce.

III. Rights of interested parties to consult relevant information

Any interested party may access to non-confidential text of petition for retrospective anti-dumping duties and retrospective anti-subsidy duties submitted by the petitioner from the column of “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports (http://gpj.mofcom.gov.cn), sub web of the website of the Ministry of Commerce or in the reading room of public information office of the Ministry of Commerce (Tel: 010-65197878).
IV. Consequence of refusal to cooperate in the investigation

Where the companies responding to the investigation refuse to submit data within specified period, or fail to provide complete and accurate data as required, or refuse to allow the Ministry of Commerce to verify the data provided or seriously hinder the investigation in any other way, the Ministry of Commerce may, in accordance with the provisions of Article 21 of Regulations of the People’s Republic of China on Anti-dumping, make rulings based on known facts and the best information available, and in accordance with the provisions of Article 21 of Countervailing Regulation of the People’s Republic of China, make rulings based on known facts.

V. The Investigation Authority will make rulings on whether to impose retrospective duties in the preliminary and final rulings of anti-dumping and anti-subsidy investigations against the United States and the EU and anti-dumping investigation against South Korea.

VI. Contact Address of Ministry of Commerce
No. 2 Dong Chang’an Avenue, Beijing Zip code: 100731
Bureau of Fair Trade for Imports and Exports of MOFCOM
Tel: 86-10-65198196, 65198746, 65198752, 65198747
Fax: 86-10-65198164

Bureau of Industry Injury Investigation of MOFCOM
Tel: 86-10-65198062, 65198074, 65198190
Fax: 86-10-65197578