Notice2026-03479
Silicon Metal From the Kingdom of Thailand: Final Affirmative Countervailing Duty Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of silicon metal from the Kingdom of Thailand (Thailand). The period of investigation is January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8436-8438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03479]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-856]
Silicon Metal From the Kingdom of Thailand: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of silicon metal from the Kingdom of Thailand (Thailand). The period of
investigation is January 1, 2024, through December 31, 2024.
DATES: Applicable February 23, 2026.
FOR FURTHER INFORMATION CONTACT: Amber Hodak or Robert Hedberg, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8034 or (202) 482-0955.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2025, Commerce published its Preliminary
Determination in the Federal Register.\1\ On September 30, 2025,
Commerce aligned this countervailing (CVD) final determination with the
final determinations in the less-than-fair value investigations of
silicon metal from Angola and Lao People's Democratic Republic, in
accordance with 705(a)(1) of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.210(b)(4).\2\
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\1\ See Silicon Metal from Thailand: Preliminary Affirmative
Countervailing Duty Determination, 90 FR 46388 (September 26, 2025)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Determination; see also Silicon Metal from
the Kingdom of Thailand: Alignment of Final Countervailing Duty
Determination with Final Less-Than-Fair-Value Determinations, 90 FR
46790 (September 30, 2025).
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[[Page 8437]]
Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ Accordingly, the deadline for this final
determination is now February 17, 2026.
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that occurred since the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
The Issues and Decision Memorandum is a public document and is on file
electronically via ACCESS. ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Silicon Metal form the Kingdom of Thailand,'' dated
concurrently with this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is silicon metal from
Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Verification
Because the non-responsive companies, G.S. Energy Co., Ltd. (G.S.
Energy) and Sica New Materials (Thailand) Co., Ltd. (Sica New
Materials), did not participate in this investigation, Commerce did not
conduct verification in this investigation. See Issues and Decision
Memorandum.
Analysis of Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by interested parties in this
investigation are discussed in the Issues and Decision Memorandum. For
a list of the topics discussed, and the issues raised to which we
responded in the Issues and Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\6\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see ``Use of Facts Otherwise Available and
Application of Adverse Inferences'' section in the Issues and Decision
Memorandum.
Changes Since the Preliminary Determination
We made no changes to the subsidy calculations for G.S. Energy and
Sica New Materials and all other producers and/or exporters from the
Preliminary Determination.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that Commerce
shall determine an estimated all-others rate for companies not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated subsidy rates established for those
companies individually examined, excluding any zero and de minimis
rates and any rates based entirely under section 776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates established for all exporters
and producers individually examined are zero, de minimis, or determined
entirely under section 776 of the Act, Commerce may use any reasonable
method to establish the estimated subsidy rate for all other producers
and/or exporters. Commerce in this investigation has determined the
subsidy rate for the individually examined respondents under section
776 of the Act. These are the only rates available in this proceeding
for deriving the all-others rate. Consequently, as a reasonable method,
pursuant to sections 703(d) and 705(c)(5)(A)(ii) of the Act, Commerce
established the all-others rate by applying the countervailable subsidy
rate assigned to G.S. Energy and Sica New Materials, the mandatory
respondents in this investigation, as determined under section 776 of
the Act.\7\
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\7\ See, e.g., Melamine from Germany: Final Affirmative
Countervailing Duty Determination, 89 FR 97586 (December 9, 2024);
see also Overhead Door Counterbalance Torsion Springs from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination in Part, 90 FR 39374 (August 15, 2025).
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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G.S. Energy Co., Ltd...................................... * 31.27
Sica New Materials (Thailand) Co., Ltd.................... * 31.27
All-Others................................................ 31.27
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* Rate based on facts available with adverse inferences.
Disclosure
Commerce normally discloses the calculations and analysis performed
to interested parties in this final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because we made no changes from the Preliminary
Determination, there are no new calculations to disclose.
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section that were entered, or withdrawn
from warehouse, for consumption on or after September 26,
[[Page 8438]]
2025, the date of the publication of the Preliminary Determination in
the Federal Register.\8\ In accordance with section 703(d) of the Act,
we instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after January 24, 2026, the first day provisional measures were no
longer in effect, but to continue the suspension of liquidation of all
entries of subject merchandise on or before January 23, 2026.
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\8\ See Preliminary Determination, 90 FR at 46388.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for entries
of subject merchandise in the amounts indicated above. Pursuant to
section 705(c)(2) of the Act, if the ITC determines that material
injury, or threat of material injury, does not exist, this proceeding
will be terminated, and all estimated duties deposited or securities
posted as a result of the suspension of liquidation will be refunded or
canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and/or exporters of silicon
metal from Thailand. Because the final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of silicon metal from Thailand. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Suspension
Liquidation'' section.
Administrative Protective Order
In the event that ITC issues a final negative injury determination,
this notice will serve as the only reminder to parties subject to an
APO of their responsibility concerning the destruction of proprietary
information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 17, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of the 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 the 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Analysis of Programs
VI. Discussion of the Issue
Comment: Whether Commerce Should Apply AFA to the Royal Thai
Government With Respect to the ``Duty Reduction Privileges for
Certain Exporters'' Program
VII. Recommendation
[FR Doc. 2026-03479 Filed 2-20-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 23, 2026.
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