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 Bosnia and Herzegovina, Iceland and Malaysia (A-893-001, A-400-001, A-557-820), and countervailing duty investigation on silicon metal from Kazakhstan (C-834-811).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
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 Aug. 14, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in September for CV duties and December 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 will base respondent selection in the AD duty investigations on Bosnia and Herzegovina, Iceland and Malaysia on CBP import data. For its CV duty investigation on Kazakhstan, Commerce will examine the only two known exporters: JSC NMC Tau-Ken Samruk and Tau-Ken Temir LLP.
Scope of the AD/CVD Investigations
The scope of this investigation 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 this investigation.
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 these investigations are due Aug. 10.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 06/30/20 | 06/30/20 |
| DOC initiation date | 07/20/20 | 07/20/20 |
| ITC prelim determinations* | 08/14/20 | 08/14/20 |
| DOC prelim determinations† | 12/07/20 | 09/23/20 |
| DOC final determinations† | 02/22/21 | 12/07/20 |
| ITC final determinations‡ | 04/08/21 | 01/21/21 |
| Issuance of orders+ | 04/15/21 | 01/28/21 |
*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 2007010028 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation. The Commerce Department fact sheet on the initiation of these investigations is (here).)