May 22, 2012

China Restricts Growth of Polysilicon Industry

On December 31, 2010, China’s Ministry of Industry and Information Technology (“MIIT”), National Development and Reform Commission (“NDRC”) and Ministry of Environmental Protection issued a joint circular setting a limit on the number of new projects the government will approve in the polysilicon industry.

Below is a summary of its key provisions:

  • The government is working on a renewed government investment catalogue and until its release, except for selected projects that are deemed to promote energy efficiency or environmental protection, new polysilicon projects will generally not be approved.
     
  • Any polysilicon projects must not be built within 1000 meters of places with sensitive environmental conditions, including farmland protection zones, nature reserves, source water protection areas, dense residential areas, and production areas of food, as well as vulnerable areas of key ecological function districts planned by central or local governments. Polysilicon projects already under operation in such areas will be relocated or shut down.
     
  • Any polysilicon projects with energy consumption above 200 kilowatt hours per kilogram of solar grade polysilicon production should be phased out in the near future.

Source: http://www.gov.cn/zwgk/2011-01/24/content_1791452.htm

Authored by:

Josie Shi
86.21.2321.6000
jshi@sheppardmullin.com

and

Jun Hua
86.21.2321.6000
jhua@sheppardmullin.com

Copyright © 2012, Sheppard Mullin Richter & Hampton LLP.

About the Author

The Shanghai Office is Sheppard Mullin's first overseas office and serves as the center of the Firm’s Asia practices. The Office handles international matters involving not only China but also Hong Kong, Taiwan, Korea, Japan, Singapore, the Philippines, and other markets in the region.

The attorneys and legal consultants in the Office have legal expertise in the corporate, commercial, trade, and disputes fields.  The Office is fully integrated into the Firm’s established practice groups, thus allowing for seamless service across borders and time zones.

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