Silicon Metal: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on silicon metal from Australia (A-602-810), Brazil (A-351-850) and Norway (A-403-805) (here), and countervailing duty investigations on silicon metal from Australia (C-602-811), Brazil (C-351-851) and Kazakhstan (C-834-808) (here).
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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 April 24, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in June for CV duties and August for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
Commerce said it will pick respondents for the Brazil AD/CV investigations based on CBP import data. For its investigations on Australia, Norway and Kazakhstan, Commerce will examine the respondents identified in the petition requesting AD/CV duties. Comments on respondent selection in the Australia, Norway and Kazakhstan investigations are due April 10. Commerce intends to complete selection of respondents to all of its AD/CV duty investigation investigations by April 24, it said.
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 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent 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 HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Comments on Scope Due April 17
Participants in the AD/CVD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by April 17.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 03/08/17 | 03/08/17 |
| DOC initiation date | 03/28/17 | 03/28/17 |
| ITC prelim determinations* | 04/24/17 | 04/24/17 |
| DOC prelim determinations† | 08/15/17 | 06/01/17 |
| DOC final determinations† | 10/30/17 | 08/15/17 |
| ITC final determinations‡ | 12/13/17 | 09/29/17 |
| Issuance of orders+ | 12/20/17 | 10/06/17 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1703130021 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).