Silicon Metal From Australia and Norway: Antidumping Duty Orders

Issuing agencies

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 antidumping duty (AD) 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 54306-54308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17050]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-813, A-403-806]


Silicon Metal From Australia and Norway: Antidumping 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 antidumping duty (AD) orders on 
silicon metal from Australia and Norway.

DATES: Applicable August 21, 2026.

FOR FURTHER INFORMATION CONTACT: Jacob Waddell (Australia), Office VI, 
telephone: (202) 482-1369; Brittany Bauer (Norway), Office V, 
telephone: (202) 482-3860; 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 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on June 30, 2026, Commerce published its 
affirmative final determinations in the less than fair value (LTFV) 
investigations of silicon

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metal from Australia and Norway.\1\ On August 14, 2026, the ITC 
notified Commerce of its affirmative final determination, pursuant to 
section 735(d) of the Act, that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of silicon metal from Australia and 
Norway.\2\
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    \1\ See Silicon Metal from Australia: Final Affirmative 
Determination of Sales at Less Than Fair Value, 91 FR 39593 (June 
30, 2026); and Silicon Metal from Norway: Final Affirmative 
Determination of Sales at Less Than Fair Value, 91 FR 39597 (June 
30, 2026) (collectively, Final Determinations).
    \2\ See ITC's Letter, ``Notification of Final Determination,'' 
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.

Antidumping Duty Orders

    As noted above, on August 14, 2026, in accordance with 735(d) of 
the Act, the ITC notified Commerce of its final determination that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of imports of silicon 
metal from Australia and Norway that are sold in the United States at 
LTFV.\3\ Therefore, in accordance with sections 735(c)(2) and 736 of 
the Act, Commerce is issuing these AD orders. Because the ITC 
determined that imports of silicon metal are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from Australia and 
Norway, entered or withdrawn from warehouse for consumption, on or 
after February 9, 2026, are subject to the assessment of antidumping 
duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of silicon metal from Australia and Norway. 
Antidumping duties will be assessed on unliquidated entries of silicon 
metal entered, or withdrawn from warehouse, for consumption on or after 
February 9, 2026, the date of the publication of the Preliminary 
Determinations, but will not include entries occurring after the 
expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
735(b) of the Act, as further described in the ``Provisional Measures'' 
section of this notice.\4\
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    \4\ See Silicon Metal from Australia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 91 FR 
5711 (February 9, 2026); and Silicon Metal from Norway: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 91 FR 5706 (February 9, 2026) (collectively, Preliminary 
Determinations).
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Suspension of Liquidation and Cash Deposits

    In accordance with section 736 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of silicon 
metal from Australia and Norway, effective on the date of publication 
of the ITC's final affirmative injury determination in the Federal 
Register. Commerce also intends to instruct CBP to require cash 
deposits equal to the estimated weighted-average dumping margins listed 
in the Final Determinations. The all-others rate applies to all 
producers or exporters not specifically listed. These cash deposit 
requirements will remain in effect until further notice.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

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                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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                                Australia
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Simcoa Operations Pty Ltd...................................        6.16
All Others..................................................        6.16
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                                 Norway
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Elkem ASA...................................................        2.47
All Others..................................................        2.47
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Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extends the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of exports of silicon metal from Australia and Norway, Commerce 
extended the four-month period to six months in these investigations.
    Commerce published the Preliminary Determinations on February 9, 
2026.\5\ The extended provisional measures period, beginning on the 
date of publication of the Preliminary Determinations, ended on August 
7, 2026. Therefore, in accordance with section 733(d) of the Act, 
Commerce will instruct CBP to terminate the suspension of liquidation 
and to liquidate, without regard to antidumping duties, unliquidated 
entries of silicon metal from Australia and Norway entered, or 
withdrawn from warehouse, for consumption on or after August 8, 2026, 
the first day provisional measures were no longer in effect, until and 
through the day preceding the date of publication of the ITC's final 
injury determination in the Federal Register. Suspension of liquidation 
and the collection of cash deposits will resume on the date of 
publication of the ITC's final injury determination in the Federal 
Register.
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    \5\ See Preliminary Determinations.
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Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\6\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\7\ 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.\8\
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    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \8\ 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

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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.'' \9\
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    \9\ 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 the Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both the petitioners 
and foreign governments will automatically be placed on the annual 
inquiry service list in the years that follow.'' \10\ Accordingly, as 
stated above, the petitioners and the Governments of Australia and 
Norway should submit their initial entry of appearance after 
publication of this notice in order to appear in the first annual 
inquiry service list for these orders. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and the Governments of Australia and 
Norway 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 the Governments of Australia and Norway 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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    \10\ See Final Rule, 86 FR at 52335.
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Notifications to Interested Parties

    This notice constitutes the AD orders with respect to silicon metal 
from Australia and Norway, pursuant to section 736(a) of the Act. 
Interested parties can find a list of AD and countervailing duty orders 
currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
    These AD orders are published in accordance with section 736(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 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 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. 2026-17050 Filed 8-20-26; 8:45 am]
BILLING CODE 3510-DS-P


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