Ministry of Commerce: Final Review Investigation on Anti-Dumping Measures for Solar-Grade Polysilicon Imported from the US and South Korea

On January 20, 2014, the Ministry of Commerce issued Announcement No. 5 of 2014, deciding to impose anti-dumping duties on imports of solar-grade polysilicon originating in the US and South Korea starting from that date. The duty rates were set at 53.3%-57% for US companies and 2.4%-48.7% for South Korean companies, with an implementation period of five years. On November 21, 2017, the Ministry of Commerce issued Announcement No. 78 of 2017, adjusting the anti-dumping duty rates on imports of solar-grade polysilicon originating in South Korea to 4.4%-113.8%. On January 19, 2020, the Ministry of Commerce issued Announcement No. 1 of 2020, deciding to continue imposing anti-dumping duties on imports of solar-grade polysilicon originating in the US and South Korea at the rates published in Announcement No. 5 of 2014 and Announcement No. 78 of 2017, starting from January 20, 2020, for another five years. On May 29, 2020, the Ministry of Commerce issued Announcement No. 21 of 2020, deciding that Hanwha Solutions Corporation would inherit the duty rates and other rights and obligations applicable to Hanwha Chemical Corporation under the anti-dumping measures on solar-grade polysilicon.

On November 18, 2024, the Ministry of Commerce received an application for a final review of anti-dumping measures submitted by Sichuan Yongxiang Polysilicon Co., Ltd. and 12 other companies on behalf of the domestic solar-grade polysilicon industry. The applicants claimed that if the anti-dumping measures were terminated, dumping of imports of solar-grade polysilicon originating in the US and South Korea might continue or recur, causing continued or renewed damage to the domestic industry. They requested the Ministry of Commerce to conduct a final review investigation and maintain the anti-dumping measures on imports of solar-grade polysilicon originating in the US and South Korea.

In accordance with the relevant provisions of the Anti-Dumping Regulations of the People's Republic of China, the Ministry of Commerce reviewed the applicants' qualifications, the investigated products and similar domestic products, the import situation of the investigated products during the implementation of the anti-dumping measures, the likelihood of continued or renewed dumping, the likelihood of continued or renewed damage, and related evidence. The existing evidence indicates that the applicants meet the requirements of Articles 11, 13, and 17 of the Anti-Dumping Regulations of the People's Republic of China regarding industry and industry representativeness and are qualified to file the application on behalf of the domestic solar-grade polysilicon industry. The investigating authority believes that the applicants' claims and the prima facie evidence submitted meet the requirements for initiating a final review investigation.

In accordance with Article 48 of the Anti-Dumping Regulations of the People's Republic of China, the Ministry of Commerce has decided to initiate a final review investigation on the anti-dumping measures applicable to imports of solar-grade polysilicon originating in the US and South Korea starting from January 14, 2025. The relevant matters are hereby announced as follows:

I. Continuation of Anti-Dumping Measures

Based on the recommendation of the Ministry of Commerce, the Customs Tariff Commission of the State Council has decided that during the final review investigation period, anti-dumping duties will continue to be imposed on imports of solar-grade polysilicon originating in the US and South Korea in accordance with the product scope and duty rates published in Announcement No. 5 of 2014, Announcement No. 78 of 2017, and Announcements No. 1 and No. 21 of 2020.

The anti-dumping duty rates for US and South Korean companies are as follows:

US Companies:

1. REC Solar Grade Silicon LLC 57%

(REC Solar Grade Silicon LLC)

2. REC Advanced Silicon Materials LLC 57%

(REC Advanced Silicon Materials LLC)

3. Hemlock Semiconductor Corporation 53.3%

(Hemlock Semiconductor Corporation)

4. MEMC Pasadena, Inc. 53.6%

(MEMC Pasadena, Inc.)

5. AE Polysilicon Corporation 57%

6. Other US companies 57%

South Korean Companies:

1. OCI Company Ltd. 4.4%

(OCI Company Ltd.)

2. Hankook Silicon Co., Ltd. 9.5%

(Hankook Silicon Co., Ltd.)

3. Hanwha Solutions Corporation 8.9%

(Hanwha Solutions Corporation)

4. SMP Ltd. 88.7%

(SMP Ltd.)

5. Woongjin Polysilicon Co., Ltd. 113.8%

(Woongjin Polysilicon Co., Ltd.)

6. KCC Corp. and Korean Advanced

Materials (KAM Corp.) 113.8%

7. Innovation Silicon Co., Ltd. 113.8%

8. Other South Korean companies 88.7%

II. Review Investigation Period

The dumping investigation period for this review is from January 1, 2024, to December 31, 2024, and the industrial injury investigation period is from January 1, 2020, to December 31, 2024.

III. Scope of Review Products

The scope of review products is consistent with the products covered by the original anti-dumping measures as specified in Announcement No. 5 of 2014, Announcement No. 78 of 2017, and Announcement No. 1 of 2020 by the Ministry of Commerce, as follows:

Name of the investigated product: Solar-Grade Polysilicon.

Description of the investigated product: Polysilicon in rod, block, or granular form produced using trichlorosilane as a raw material through the (modified) Siemens process or silane process, used for manufacturing crystalline silicon solar cells.

Electrical parameters of the investigated product: Base phosphorus resistivity <300 ohm·cm (Ω·cm); base boron resistivity <2600 ohm·cm (Ω·cm); carbon concentration >1.0×1016 (at/cm³); n-type minority carrier lifetime <500 μs; donor impurity concentration >0.3×10^-9; acceptor impurity concentration >0.083×10^-9.

Main use: Primarily used for producing solar-grade monocrystalline silicon rods and directionally solidified polysilicon ingots, which are the main raw materials for manufacturing crystalline silicon solar cells.

This product is classified under the Customs Import and Export Tariff of the People's Republic of China: 28046190. Electronic-grade polysilicon under this tariff code used for manufacturing semiconductor products such as integrated circuits and discrete devices is not included in the scope of this investigation.

IV. Content of the Review

The content of this review investigation is to determine whether the termination of the anti-dumping measures on imports of solar-grade polysilicon originating in the US and South Korea would likely lead to the continuation or recurrence of dumping and damage.

V. Registration for Participation in the Investigation

Interested parties may register to participate in this final review investigation with the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days starting from January 14, 2025. Interested parties participating in the investigation should provide basic identity information, the quantity and value of the investigated products exported to or imported into China, the quantity and value of similar products produced and sold, and information on any affiliations, in accordance with the "Reference Format for Registration to Participate in the Investigation." The "Reference Format for Registration to Participate in the Investigation" can be downloaded from the sub-website of the Trade Remedy and Investigation Bureau on the Ministry of Commerce's website.

Interested parties registering for this anti-dumping investigation should submit electronic versions through the "Trade Remedy Investigation Information Platform" (https://etrb.mofcom.gov.cn) and, as required by the Ministry of Commerce, simultaneously submit written versions. The content of the electronic and written versions should be identical, and the format should remain consistent.

The term "interested parties" in this announcement refers to individuals and organizations as defined in Article 19 of the Anti-Dumping Regulations of the People's Republic of China.

VI. Access to Public Information

Interested parties may download or access non-confidential versions of the application submitted by the applicants from the sub-website of the Trade Remedy and Investigation Bureau on the Ministry of Commerce's website or consult, view, copy, and reproduce public information related to the case at the Trade Remedy Public Information Consultation Room of the Ministry of Commerce (Tel: 0086-10-65197856). During the investigation, interested parties may access public information related to the case through relevant websites or consult, view, copy, and reproduce public information at the Trade Remedy Public Information Consultation Room.

VII. Comments on the Case Filing

Interested parties wishing to comment on the scope of the investigated products, the qualifications of the applicants, the investigated countries, or other related issues may submit written opinions to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days starting from January 14, 2025.

VIII. Investigation Methods

In accordance with Article 20 of the Anti-Dumping Regulations of the People's Republic of China, the Ministry of Commerce may use methods such as questionnaires, sampling, hearings, and on-site verification to gather information from relevant interested parties during the investigation.

To obtain the necessary information for this investigation, the Ministry of Commerce will generally issue investigation questionnaires to interested parties within 10 working days after the deadline for registration to participate in the investigation as specified in this announcement. Interested parties may download the investigation questionnaires from the sub-website of the Trade Remedy and Investigation Bureau on the Ministry of Commerce's website.

Interested parties should submit complete and accurate responses within the specified time. The responses should include all the information required by the investigation questionnaires.

IX. Submission and Handling of Information

During the investigation, interested parties submitting comments, responses, etc., should submit electronic versions through the "Trade Remedy Investigation Information Platform" (https://etrb.mofcom.gov.cn) and, as required by the Ministry of Commerce, simultaneously submit written versions. The content of the electronic and written versions should be identical, and the format should remain consistent.

If interested parties need to keep the submitted information confidential, they may request the Ministry of Commerce to handle the relevant information confidentially and provide reasons. If the Ministry of Commerce agrees to the request, the interested parties requesting confidentiality should also provide a non-confidential summary of the confidential information. The non-confidential summary should contain sufficient meaningful information to allow other interested parties to reasonably understand the confidential information. If a non-confidential summary cannot be provided, reasons should be given. If the information submitted by interested parties is not marked as confidential, the Ministry of Commerce will consider it public information.

X. Consequences of Non-Cooperation

In accordance with Article 21 of the Anti-Dumping Regulations of the People's Republic of China, interested parties should truthfully provide information and materials during the investigation. If interested parties fail to provide truthful information and materials, fail to provide necessary information within a reasonable time, or otherwise seriously hinder the investigation, the Ministry of Commerce may make a determination based on the facts already obtained and the best information available.

XI. Investigation Period

This investigation will commence on January 14, 2025, and should be concluded by January 14, 2026 (excluding this date).

XII. Contact Information of the Ministry of Commerce

Address: No. 2 Dong Chang'an Avenue, Beijing, China

Postal Code: 100731

Department of Import Investigation I, Trade Remedy and Investigation Bureau, Ministry of Commerce

Tel: 0086-10-65198435, 65198757

Fax: 0086-10-65198172

Website: Sub-website of the Trade Remedy and Investigation Bureau on the Ministry of Commerce's website (http://trb.mofcom.gov.cn)

Solar-Grade Polysilicon Anti-Dumping Final Review Application (Public Version).pdf

Solar-Grade Polysilicon Anti-Dumping Final Review Application--Attachments (Public Version).pdf

Reference Format for Registration to Participate in the Solar-Grade Polysilicon Anti-Dumping Final Review Investigation.wps

Ministry of Commerce of the People's Republic of China

January 10, 2025

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