Silicon Metal: New AD/CVD Investigations Deadlines & Scope

The petitioners that requested these AD/CVD investigations have requested that Commerce treat Angola and Laos as non-market economies. If the agency does, country-wide entity rates, which are generally higher and based on allegations in the petition, would be assigned to Angola and Laos instead of all-others rates, which are generally lower and based on an average of calculated rates. The period of investigation for Angola and Laos would be shortened to six months, from Oct. 1, 2024, through March 31, 2025.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized silicon metal are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due June 9, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in July for CVD and October for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD and/or CVD orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.

AD/CVD Respondent Selection

For its AD investigations on Angola and Norway, and its CVD investigation on Norway, Commerce said it will pick respondents to its AD/CVD investigations based on CBP import data. Comments on respondent selection are due three business days after Commerce's initiation notice is published, putting the deadline at May 26.

For its AD investigations on Australia and Laos, as well as its CVD investigations on Australia, Laos and Thailand, Commerce has identified only one or two companies that produce or export silicon metal, and will select those companies as the respondents. The companies are Simcoa Operations (Silicon Metal Company of Australia) for Australia; Lao Silicon Co., Ltd. for Laos; and G.S. Energy Co., Ltd. and Sica New Materials (Thailand) Co., Ltd. for Thailand. Comments on the selection of these companies are due May 26.

Scope of the AD/CVD Investigations

The scope of these investigations covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85% but less than 99.99% silicon, and less than 4% iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99% silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of these investigations.

Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.

Comments on the scope of the orders are due by 5 p.m. EDT on June 3.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2504280063 for a summary of the petition requesting these investigations.