US and South Korea polysilicon preliminary ruling dumping

Abstract On July 18, when the investigation of the distance was about one year, the Ministry of Commerce finally released the anti-dumping preliminary ruling on the US-South Korea solar-grade polysilicon. The announcement stated that temporary anti-dumping measures were imposed on solar-grade polysilicon originating in the United States and South Korea in the form of margin. The preliminary ruling confirmed that it was imported from the United States...
On July 18, when the investigation was about to take place, the Ministry of Commerce finally released the anti-dumping preliminary ruling on US-Korea solar-grade polysilicon. The announcement stated that temporary anti-dumping measures were imposed on solar-grade polysilicon originating in the United States and South Korea in the form of margin. The preliminary ruling determined that the dumping margin for imports of polysilicon from the United States was 53.3% to 57%, and the dumping margin for imports from South Korea was 2.4% to 48.7%.

At the same time, however, the EU, another investigation object involving the same product, was “absent” in the preliminary ruling. On November 1, 2012, the Ministry of Commerce of the People's Republic of China officially filed a “double-reverse” investigation on the solar-grade polysilicon in the European Union, and merged with the “double-reverse” of the US-South Korea polysilicon that was filed on July 20 of the same year.

"The anti-dumping investigation on polysilicon in the EU is still under investigation, and some post-procedures have not been completed." Authoritative legal persons close to the case told reporters that the merger investigation does not mean that the preliminary ruling will be merged. In terms of legal procedures, it is two separate cases, and in the filing time, the EU polysilicon filing was later than the US and South Korea for more than three months, so it can be decided separately.

According to the above-mentioned person, the investigation of the merger of the investigation organs is mainly due to the consideration of work efficiency and convenience. After all, the damage to the Chinese enterprises is determined to be the same. According to the introduction, according to the procedure, after the completion of the "double anti-" case for one year, even if there are special circumstances, it can only be extended for a maximum of half a year. In other words, the maximum time from filing to final ruling is 18 months.

However, some professionals familiar with the case pointed out to the reporter, "Even if all the investigations are not completed, the investigation of damage to the Chinese industry should be completed."

The reason why China's preliminary results of the polysilicon in the EU has attracted much attention is because this may be inextricably linked with the largest trade friction case being negotiated between China and the EU, that is, the EU's "double-reverse" case against China's photovoltaic industry.

Not long ago, a German media quoted a spokesperson from the German Ministry of Economic Affairs as saying that China and Germany have reached a promise that China will not impose anti-dumping duties on EU polysilicon.

As Germany's largest polysilicon exporter, if China taxes the EU polysilicon, the German industry bears the brunt. According to the statistics of the Silicon Industry Branch of the China Nonferrous Metals Industry Association, the proportion of polysilicon exported to China by Germany, the United States and South Korea accounts for 60%, 55% and 50% respectively. In the photovoltaic case, Germany is the EU member state that chooses to stand in the Chinese camp. It does not tax its polysilicon or exchange its favorable environment for PV negotiations.

The above foreign media reports have not received a positive response from the Chinese Ministry of Commerce. However, some senior industry insiders analyzed that "there is such a possibility. The photovoltaic case involves huge interests, and the negotiations between the two sides must be a comprehensive consideration and game. If, before the European Commission released the preliminary results, the European polysilicon The double-reverse ruling is a counter-measure, and now it becomes a bargaining chip."

A polysilicon industry insider told reporters that a few days ago, after delaying the announcement of the preliminary ruling results of the US, South Korea and Europe polysilicon anti-dumping, the domestic polysilicon enterprises suggested to the relevant departments through different channels that they would "double" the EU and the US and South Korea. The "reverse investigation" is considered separately. The relevant departments have adopted this proposal and believe that the issue of polysilicon and photovoltaics with the EU should be resolved through negotiations. "In order to cooperate with the PV negotiations, we can only suspend the initial release of polysilicon."

On June 4, the EU preliminary ruling decided to impose a temporary anti-dumping duty of 11.8% on China Photovoltaic. If the solution is not reached by August 6, the tax rate will rise to 47.6%. At this time, there are still 18 days, and the time window for negotiation is about to close.

It is understood that the two sides are still deadlocked on the core issue of price, and the price difference between China and Europe has been reduced from the earlier 0.15 euros per watt to 0.05 euros. "Although only 0.05 euros, this is the lifeline of China's PV companies to protect the capital." An industry source pointed out.

"Other terms besides the price have already been prepared. Before the Chinese delegation negotiated in Europe, the representatives of Chinese enterprises have already signed the text of the price commitment plan. Just wait for the price to be negotiated before the negotiation." The above-mentioned person told reporters that if there is no accident, the price commitment plan will be reached by August 6.

It is worth noting that for the domestic polysilicon industry that has fallen into a large-scale production stoppage, China’s landing of the “double-reverse” preliminary ruling of the US and South Korea polysilicon is not a life-saving straw.

A research report released by the China Nonferrous Metals Industry Association Silicon Industry Branch recently showed that in the first half of this year, China's polysilicon production was 28,000 tons, down 23.6% year-on-year. Among the 43 polysilicon enterprises that have been put into production, only 6 of them are barely able to start construction, and the rest of the companies have closed production lines, that is, 86% of enterprises have stopped production, and the capacity utilization rate of the entire domestic industry is less than 30%.

"After the deposit of polysilicon from the United States and South Korea, the import volume will definitely decrease, and the domestic spot price of polysilicon will rebound to a certain extent in the short term." Lin Ruhai said that the current average price of polysilicon in China is 120,000 yuan per ton. In the second half of the year, the price will remain at 150,000 yuan to 160,000 yuan per ton, and the domestic effective capacity will return to 110,000 tons, but still 90,000 tons of production capacity is idle. "The situation of individual leading enterprises in China will be improved. However, it is difficult to achieve profitability. It is not realistic to expect large-scale domestic production to resume production. Some small enterprises will gradually withdraw from the market."

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