Notice2026-17049
Silicon Metal From Australia and Norway: Countervailing Duty Orders
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
August 21, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing countervailing duty (CVD) orders on silicon metal from Australia and Norway.
Full Text
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<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Notices]
[Pages 54305-54306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17049]
[[Page 54305]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-602-814, C-403-807]
Silicon Metal From Australia and Norway: Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing countervailing duty (CVD) orders
on silicon metal from Australia and Norway.
DATES: Applicable August 21, 2026.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane at (202) 482-5449
(Australia) or Stefan Smith at (202) 482-4342 (Norway), AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on June 30, 2026, Commerce published in the
Federal Register its affirmative final determinations in the CVD
investigations of silicon metal from Australia and Norway.\1\ On August
14, 2026, the ITC notified Commerce of its final affirmative
determinations, pursuant to sections 705(b)(1)(A)(i) and 705(d) of the
Act, that an industry in the United States is materially injured by
reason of subsidized imports of silicon metal from Australia and
Norway.\2\
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\1\ See Silicon Metal from Australia: Final Affirmative
Countervailing Duty Determination, 91 FR 39598 (June 30, 2026); see
also Silicon Metal from Norway: Final Affirmative Countervailing
Duty Determination, 91 FR 39601 (June 30, 2026).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated August 14, 2026.
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Scope of the Orders
The product covered by these orders is silicon metal from Australia
and Norway. For a complete description of the scope of these orders,
see the appendix to this notice.
CVD Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of subsidized imports of silicon metal from Australia and
Norway,\3\ and in accordance with sections 705(c)(2) and 706 of the
Act, Commerce is issuing these CVD orders. Because the ITC determined
that imports of silicon metal from Australia and Norway are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
Australia and Norway entered or withdrawn from warehouse for
consumption, are subject to the assessment of countervailing duties.
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\3\ Id.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of silicon metal from Australia and Norway. With the exception
of entries occurring after the expiration of the provisional measures
period and before the publication of the ITC's final affirmative injury
determinations, as further described below, countervailing duties will
be assessed on unliquidated entries of silicon metal from Australia and
Norway entered, or withdrawn from warehouse, for consumption on or
after September 26, 2025, the date of publication of the Preliminary
Determinations in the Federal Register.\4\
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\4\ See Silicon Metal from Australia: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 90 FR 46390
(September 26, 2025); and Silicon Metal from Norway: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination with Final Antidumping Duty Determination, 90 FR
46386 (September 26, 2025) (collectively, Preliminary
Determinations).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of silicon metal from
Australia and Norway, effective on the date of publication of the ITC's
notice of final determinations in the Federal Register, and to assess,
upon further instruction by Commerce pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determinations in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below. These instructions suspending liquidation will remain in effect
until further notice.
Estimated Countervailable Subsidy Rates
The estimated countervailable subsidy rates are as follows, the
all-others rate applies to all producers or exporters not specifically
listed below.
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Subsidy rate
Company (percent ad
valorem)
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Australia
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Simcoa Operations Pty, Ltd \5\............................ 32.57
All Others................................................ 32.57
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Norway
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Elkem ASA \6\............................................. 17.27
All Others................................................ 17.27
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Provisional Measures
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\5\ Commerce found the following companies to be cross-owned
with Simcoa: Silicon Metal Company of Australia Pty Ltd.; Simcoa
Mines Pty Ltd.; and Microsilica Pty Ltd.
\6\ Commerce found the following companies to be cross-owned
with Elkem: Elkem Carbon AS; Elkem International AS; and Elkem
Silicon Product Development AS.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigations,
Commerce published the Preliminary Determinations on September 26,
2025.\7\ Therefore, entries of silicon metal from Australia and Norway
made on or after January 24, 2026, and prior to the date of publication
of the ITC's final determinations in the Federal Register, are not
subject to the assessment of countervailing duties due to Commerce's
discontinuation of the suspension of liquidation.
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\7\ See Preliminary Determinations.
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, certain unliquidated entries
of silicon metal from Australia and Norway entered, or withdrawn from
warehouse, for consumption on or after January 24, 2026, the date on
which the provisional CVD measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC final injury determinations in the Federal Register.
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Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\8\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\9\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\10\
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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \12\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\12\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the CVD orders with respect to silicon
metal from Australia and Norway, pursuant to section 706(a) of the Act.
Interested parties can find a list of CVD orders currently in effect at
<a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
These CVD orders are published in accordance with section 706(a) of
the Act and 19 CFR 351.211(b).
Dated: August 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
Scope of the Orders
The scope of these orders cover 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 orders.
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.
[FR Doc. 2026-17049 Filed 8-20-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 21, 2026.
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