On July 20, 2020, the Department of Commerce (Commerce) initiated its less-than-fair-value investigations on “Silicon Metal from Bosnia and Herzegovina, Iceland, and Malaysia” (Initiation Notices).  These investigations have been assigned the following case numbers: A-893-001 (Bosnia and Herzegovina), A-400-001 (Iceland), A-557-820 (Malaysia).

The Scope of Merchandise covered by these investigations reads as follows:

The scope of these investigations 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 these investigations.

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.

Requirements For Submitting Comments On The Scope Of The Investigations:  Please be sure to comply with all three requirements established below.

Deadline for Submitting Comments:

As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope).  The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate.  If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information.  Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on August 10, 2020, which is 21 calendar days from the signature date of this notice.  Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on August 20, 2020, which is 10 calendar days after the initial comments deadline.  Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period.  However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information.

Required Entry of Appearance:

Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance.  Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access).  Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.

All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).  An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due.  Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.¹

For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:

ACCESS:  Help Link 

https://access.trade.gov/help.aspx

ACCESS:  External User Guide https://access.trade.gov/help/ACCESS_User_Guide.pdf

ACCESS:  Handbook on Electronic Filing Procedures

https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf

Federal Register notice:  Antidumping and Countervailing Duty Proceedings:  Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)

http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf

Enforcement and Compliance:  Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)

http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf

Enforcement and Compliance:  General Filing Requirements http://enforcement.trade.gov/filing/index.html

Required Certifications

Understanding Critical Circumstances for Antidumping and Countervailing Duties

Critical circumstances is a provision in both the antidumping and countervailing

Duty (AD/CVD) laws that allows for the limited retroactive imposition of duties if certain conditions are met.  Importers should be aware that entries of subject merchandise made after the initiation of an AD/CVD investigation may retroactively be subject to AD/CVD.  

A finding of critical circumstances is an important tool for Commerce and the U.S. International Trade Commission (ITC) to offset possible import surges during the early period of an AD/CVD investigation.  The petitioner in an AD/CVD investigation may allege critical circumstances during an investigation up to 21 days before the date of Commerce’s final determination.  If Commerce makes a determination that critical circumstances exist, it has the statutory authority to order the retroactive suspension of liquidation and posting of a cash deposit for entries made before the issuance of a Preliminary and/or Final AD/CVD determination. 

Commerce’s authority to suspend entries retroactively for AD/CVD is limited to those entries made on or after the later of: (1) 90 days before the effective date the suspension of liquidation was first ordered, or (2) the date on which the determination to initiate the investigation is published in the Federal Register.  In either case, AD/CVD cash deposits are due on entries subject to critical circumstances determinations.

If, following a preliminary determination by Commerce that critical circumstances exist, both Commerce and the ITC reach a final affirmative determination of dumping or subsidization, but either agency makes a negative final determination of critical circumstances, Commerce will instruct U.S. Customs and Border Protection (CBP) to lift suspension from the entries made during the 90-day critical circumstances period and refund cash deposits made with respect to those entries.  Interest is not payable on refunds of cash deposits at this stage in the AD/CVD case. 

AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230: 

Robert Galantucci at (202) 482-2923 (Antidumping Duty Investigation from Bosnia and Herzegovina);

Kabir Archuletta at (202) 482-2593 (Antidumping Duty Investigation from Malaysia); and

Emily Halle at (202) 482-0176 (Antidumping Duty Investigation from Iceland).

[1] See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).