Notice2026-03480
Silicon Metal From the Lao People's Democratic Republic: 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/or exporters of silicon metal from the Lao People's Democratic Republic (Laos). The period of investigation (POI) is January 1, 2024, through December 31, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8425-8427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03480]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-553-002]
Silicon Metal From the Lao People's Democratic Republic: 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/or
exporters of silicon metal from the Lao People's Democratic Republic
(Laos). The period of investigation (POI) is January 1, 2024, through
December 31, 2024.
DATES: Applicable February 23, 2026.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Laurel Smalley, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 and (202)
482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2025, Commerce published the Preliminary
Determination in the Federal Register.\1\ In the Preliminary
Determination, and in accordance with section 701(a)(1) of the Tariff
Act of 1930, as amended (the Act) and 19 CFR 351.210(b)(4), Commerce
aligned the final countervailing duty (CVD)
[[Page 8426]]
determination with the final determination in the companion less-than-
fair-value investigation of silicon metal from Laos.\2\
---------------------------------------------------------------------------
\1\ See Silicon Metal from the Lao People's Democratic Republic:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 90 FR 46384 (September 26, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id., 90 FR at 46385.
---------------------------------------------------------------------------
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.\5\
---------------------------------------------------------------------------
\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.
\5\ Because the current deadline falls on a weekend (i.e.,
February 14, 2026), the deadline became the next business day (i.e.,
February 17, 2026). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\6\
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>.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Silicon Metal from the Lao People's Democratic
Republic,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is silicon metal from
Laos. 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 sole mandatory respondent (i.e., Lao Silicon Co., Ltd.
(Lao Silicon)) did not participate in this investigation and because
the Government of Laos (GOL) did not respond to Commerce's requests for
cooperation to coordinate verification, Commerce did not conduct
verification in this investigation. See Issues and Decision Memorandum.
Analysis of Comments Received
The subsidy programs under investigation and the issue raised in
the letter in lieu of case brief filed by Ferroglobe USA, Inc. and
Mississippi Silicon LLC (collectively, the petitioners) in this
investigation are discussed in the Issues and Decision Memorandum. For
a list of the topics discussed, and the issue 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.\7\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference, pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
application of adverse facts available, see the ``Use of Facts
Otherwise Available and Application of Adverse Inferences'' section in
the Issues and Decision Memorandum.
Changes Since the Preliminary Determination
For this final determination we made certain changes to the
selection of the adverse facts available (AFA) rate and the
countervailable subsidy rate calculation for Lao Silicon and for all
other producers/exporters. For a discussion of these changes, see the
Issues and Decision Memorandum.
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, 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 respondent under section 776 of the
Act. This is the only rate 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 Lao Silicon, the mandatory respondent in this
investigation, as determined under section 776 of the Act.\8\ For a
full description of the methodology underlying Commerce's analysis, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad valorem)
------------------------------------------------------------------------
Lao Silicon Co., Ltd.............................. * 69.10
All Others........................................ 69.10
------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its 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 the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
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
[[Page 8427]]
Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise as described in the scope
of the investigation section entered, or withdrawn from warehouse, for
consumption on or after September 26, 2025, the date of publication of
the Preliminary Determination in the Federal Register. 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.
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 such
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 Laos. 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 Laos. 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 in the ``Continuation of
Suspension of Liquidation'' section, supra.
Administrative Protective Order
In the event that the 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 a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(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 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.
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 Total AFA to the GOL
VII. Recommendation
[FR Doc. 2026-03480 Filed 2-20-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 23, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.