MOFCOM Announcement No. 71 of 2016 on Midterm Review Investigations on the Anti-dumping Measures Applicable to Imports of Solar-grade Polycrystalline Silicon Originated in the Republic of Korea

Date: 2016-12-28 09:58:14, Source: MOFCOM, Today/Total Visits : 0/58


On January 2014, the Ministry of Commerce issued the Announcement No. 5 of 2014, deciding to impose anti-dumping duties on imports of solar-grade polycrystalline silicon originated in the U.S. and the Republic of Korea since January 20, 2014.

On February 14, 2016, 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 (hereinafter referred to as the “Applicants of Domestic Industry”) submitted an application to the Ministry of Commerce, claiming that the dumping margin of exports of solar-grade polycrystalline silicon originated in the Republic of Korea to China increased after the final ruling, largely beyond the anti-dumping duty rate in the final ruling and requesting a mid-term review investigation on anti-dumping measures applicable to imports of solar-grade polycrystalline silicon originated in the Republic of Korea and the dumping margin.

In accordance with Article 49 of the Anti-Dumping Regulations of the People's Republic of China and the Interim Rules on Midterm Review of Dumping and Dumping Margin, the Ministry of Commerce has reviewed qualifications of the Applicants of Domestic Industry, export and normal price of products under investigation and the necessity of sequentially taking the anti-dumping measures according to the original level of measures. It also required the Applicant to submit relevant evidence materials, and the Applicants of Domestic Industry have done so as required within a specified time limit.

On November 1, 2016, the Ministry of Commerce informed the Embassy of the Republic of Korea in China, and forwarded the public text of the application for the midterm review and the non-confidential summary of the confidential information. Interested parties submitted their comments on the case-filing of the review. 
The Ministry of Commerce considers that the application conforms to legal conditions stipulated in the Anti-Dumping Regulations of the People's Republic of China and the Interim Rules on Midterm Review of Dumping and Dumping Margin. It decides to carry out the midterm review on anti-dumping measures applicable to imports of solar-grade polycrystalline silicon originated in the Republic of Korea and the dumping margin as of the date hereof. Matters related to the midterm review are hereby announced as follows:

I. Scope of Products under Investigation in the Review

Products under investigation in the midterm review refer to imports of solar-grade polycrystalline silicon originated in the Republic of Korea, which are consistent with the description stipulated in MOFCOM Announcement No. 5 of 2014.

II. Review Period

The period of investigation on the dumping and dumping margin shall commence on July 1, 2015, and end on December 31, 2015.

III. Review Procedures

(I) Comments of interested parties.

Any interested party may make comments on the review in written form within 20 days as of the date hereof, and provide corresponding evidence.

(II) Questionnaires issuing.

In order to acquire information required for the investigation, the Ministry of Commerce may issue questionnaires to relevant interested parties as needed, which can be downloaded from the “Case Update” column of the Trade Remedy and Investigation Bureau sub-website of the Ministry of Commerce website (http://trb.mofcom.gov.cn). Relevant answer sheets should be submitted as required in the questionnaire within 37 days after the date of issue.

(III) Hearing.

Interested parties may, in accordance with relevant provisions in the Anti-Dumping Regulations of the People's Republic of China as well as the Interim Rules on the Hearing of Anti-dumping Investigations issued by the Ministry of Commerce, submit a written request for a hearing. The Ministry of Commerce may take the initiative to hold a healing if necessary.

(IV) On-site inspection.

The Ministry of Commerce will dispatch staff to carry out on-site inspection in relevant countries, if necessary; any information submitted by interested parties shall include a statement of inspection acceptation; the Ministry of Commerce will notify relevant countries and enterprises prior to the inspection.

IV. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-Dumping Regulations of the People's Republic of China, 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 otherwise severely impedes such investigation, the Ministry of Commerce may make a ruling based on the facts acquired.

V. Contact Information

Address: No. 2 Dong Chang’an Avenue, Beijing

Zip code: 100731

First Division of Import Investigation of Trade Remedy and Investigation Bureau of MOFCOM

Zheng Jiang, Yu Zhiguo, Zhang Jinding

Tel: 86-10-65198076, 85093407, 65198053

Fax: 86-10-65198172

Ministry of Commerce of the People's Republic of China

November 22, 2016




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