Ferroglobe VICTOR in US silicon metal dumping case – a clean sweep

On Mar. 1, 2018, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of silicon metal from Australia and Brazil, an AD investigation of imports of silicon metal from Norway, and a CVD investigation of imports of silicon metal from Kazakhstan.
In the Australia AD investigation, Commerce assigned a dumping rate of 51.28% for mandatory respondent Simcoa Operations Pty Ltd. All other producers/exporters in Australia have been assigned a dumping rate o 41.3%.
In the Brazil AD investigation, Commerce assigned a dumping rate of 68.97% to mandatory respondent Palmyra do Brasil Indústria e Comércio de Silício Metálico e Recursos Naturais Ltda. (formerly known as Dow Corning Silício do Brasil Indústria e Comércio Ltda.), and a dumping rate of 134.92% to mandatory respondent Ligas de Aluminio S.A. – LIASA based on adverse facts available for its failure to cooperate in the investigation. All other producers/exporters in Brazil have been assigned a dumping rate of 68.9%.
• In the Norway AD investigation, Commerce assigned a dumping rate of 3.22% for mandatory respondent Elkem AS. All other producers/exporters in Norway have been assigned a dumping rate of 3.22%.
• In the Australia CVD investigation, Commerce assigned a subsidy rate of 14.78% for mandatory respondent Simcoa Operations Pty Ltd. All other producers/exporters in Australia have been assigned a subsidy rate of 14.78%.
• In the Brazil CVD investigation, Commerce assigned a subsidy rate of 2.44% for mandatory respondent Palmyra do Brasil Indústria e Comércio de Silicio Metálico e Recursos Naturais Ltda. Commerce assigned a subsidy rate of 52.51% to mandatory respondent Ligas de Aluminio – LIASA based on adverse facts due to its failure to cooperate in the investigation. All other producers/exporters in Brazil have been assigned a subsidy rate of 2.44%.
In the Kazakhstan CVD investigation, Commerce assigned a subsidy rate of 100%to mandatory respondent Tau-Ken Temir LLP based on adverse facts available due to its failure to cooperate in this investigation. All other producers/exporters in Kazakhstan have been assigned a subsidy rate of 100%.
Upon publication of the final affirmative AD determinations, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect antidumping duty cash deposits equal to the applicable final weighted- average dumping rates. Further, as a result of the affirmative final CVD determinations, if the U.S. International Trade Commission (ITC) makes affirmative injury determinations, Commerce will instruct CBP to resume collection of countervailing duty cash deposits equal to the applicable subsidy rates.
In the Australia AD determination, Commerce continued to find that “critical circumstances” exist with respect to Simcoa Operations Pty Ltd. Consequently, Commerce will continue to instruct CBP to impose provisional measures retroactively on entries of silicon metal from Australia, effective 90 days prior to publication of the preliminary determination in the Federal Register, for the affected exporter.
The ITC is scheduled to make its final determinations on or about Apr. 13, 2018.
If the ITC makes affirmative final determinations that imports of silicon metal from Australia, Brazil, Kazakhstan, and/or Norway materially injure, or threaten material injury to, the domestic industry, Commerce will issue AD and CVD orders. If the ITC makes negative determinations of injury, the investigations will be terminated.

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James
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It’s a shame I cannot find the contact details of that Panamanian silicon metal producer. Tongue in cheek.

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