New Trade Cases on Imports of Silicon Metal from Bosnia and Herzegovina, Iceland, the Republic of Kazakhstan, and Malaysia

New U.S. antidumping (“AD”) and countervailing duty (“CVD”) petitions were filed on May 30, 2020, by Globe Specialty Metals, Inc. and Mississippi Silicon LLC against imports of silicon metal from Bosnia and Herzegovina, Iceland, the Republic of Kazakhstan, and Malaysia.

The merchandise covered by these petitions is silicon metal, which contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Silicon metal is a product normally composed almost entirely of elemental silicon, along with small amounts of other elements, such as iron, aluminum, and calcium. Chemical manufacturers consume silicon metal in powder form in producing silicones and polysilicon. Please see the scope section below for a full review of the subject merchandise.

The petitions include AD (less than fair value) allegations against Bosnia and Herzegovina, Iceland, and Malaysia and a CVD (unfair subsidy) allegation against Kazakhstan. The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring the U.S. industry. If the ITC finds that standard is met, then the cases will move to the DOC which will calculate the preliminary AD and CVD duty margins.

The DOC’s preliminary determinations are currently scheduled for September 23, 2020 (CVD) and December 7, 2020 (AD), which are the dates when importers will be required to deposit the calculated duties upon the products’ entry in the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

The following are key facts about this trade case:

Petitioners: Globe Specialty Metals, Inc. and Mississippi Silicon LLC

Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual companies named in the petition.

Alleged AD and CVD margins: Petitioners have alleged the following AD and CVD margins:

• Bosnia and Herzegovina: a calculated AD margin averaging 62.65 percent ad valorem,
• Iceland: calculated AD margins ranging from 60.46 to 84.79 percent ad valorem,
• Republic of Kazakhstan: a CVD margin above de minimus, and
• Malaysia: a calculated AD margin averaging 54.22 percent ad valorem.

Merchandise covered by the scope of the case:

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.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907); William Sjoberg (wsjoberg@clarkhill.com; 202-772-0924), Courtney Gayle Taylor (cgtaylor@clarkhill.com; 202-552-2350); or another member of Clark Hill's International Trade Business Unit.