SM2 2017 IN
Certain Silicon Metal
Notice of Final Decisions
Ottawa, October 3, 2017
On October 3, 2017, the Canada Border Services Agency (CBSA), pursuant to paragraph 41(1)(a) of the Special Import Measures Act (SIMA), terminated the dumping investigation in respect of certain silicon metal exported to Canada from the Federative Republic of Brazil (Brazil) by Rima Industrial S.A., as the goods were not dumped, and from the Kingdom of Norway (Norway) by Elkem AS (Elkem), as the margin of dumping was insignificant. The CBSA also terminated the subsidy investigation in respect of certain silicon metal exported to Canada from the Kingdom of Thailand (Thailand) by Sica New Materials (Thailand) Co., Inc. (Sica), and certain silicon metal originating in or exported from Thailand by all other exporters, as the amounts of subsidy were insignificant.
On the same day, the CBSA, pursuant to paragraph 41(1)(b) of SIMA, made final determinations of dumping in respect of certain silicon metal originating in or exported from Brazil, the Republic of Kazakhstan (Kazakhstan), Lao People’s Democratic Republic (Laos), Malaysia, and Thailand, and subsidizing in respect of certain silicon metal originating in or exported from Brazil, Kazakhstan, Malaysia, and Norway concerning exporters for which the dumping and/or subsidy investigation has not been terminated pursuant to paragraph 41(1)(a) of SIMA.
The subject goods are usually classified under the following Harmonized System (HS) classification number:
Note that this HS codes is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.
The Canadian International Trade Tribunal (CITT) is continuing its inquiry into the question of injury to the domestic industry and will make an order or finding by November 2, 2017.
Provisional duties will continue to apply on imports of subject goods originating in or exported from Brazil, Kazakhstan, Laos, Malaysia, Norway and Thailand until the date of the CITT’s order or finding. However, the provisional duties relating to the dumping of goods by Elkem, the subsidization of goods by Sica, and the subsidization of goods originating in or exported from Thailand by all other exporters will no longer apply, and the provisional duty paid or security posted will be returned.
Additional information about these investigations is contained in a Statement of Reasons, which will be available within 15 days on the CBSA’s website at: http://www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html.
- Andrew Manera: 613-946-2052
- Jason Huang: 613-954-7388
|Country of origin or export||Exporter||Weighted average margin of dumping expressed as a percentage of export price||Amounts of Subsidy expressed as percentage of export price||Amount of Subsidy per metric tonne|
|Brazil||Ligas de Aluminio S.A.||27.8%||7.2%||369 Brazilian Real|
|Rima Industrial S.A.||0.0%||2.7%||156 Brazilian Real|
|Polymet Alloys Inc. (USA)||27.8%||2.8%||156 Brazilian Real|
|All Other Exporters||27.8%||6.0%||369 Brazilian Real|
|Kazakhstan||Tau-Ken Temir LLP||18.2%||40.3%||197,507 Kazakhstani Tenge|
|All Other Exporters||86.5%||269.7%||1,784,448 Kazakhstani Tenge|
|Malaysia||All Exporters||85.2%||10.6%||916 Malaysian Ringgit|
|Norway||Elkem AS||1.2%*||2.8%||364 Norwegian Krone|
|Thailand||Sica New Materials (Thailand) Co., Ltd.||51.0%||0.8%*||549 Thai Baht|
|All Other Exporters||85.2%||0.5%*||549 Thai Baht|
Note: The margins of dumping reported in the table above are the margins determined by the CBSA for purposes of the final determination of dumping. These margins do not reflect the amount of anti-dumping duty to be levied on future importations of dumped goods. In the event of an injury finding by the CITT, normal values have been provided to the exporters which provided sufficient information for future shipments to Canada and these normal values would come into effect the day after the injury finding. Information regarding normal values of the subject goods should be obtained from the exporter. Imports from exporters/producers that did not provide sufficient information to the CBSA during the dumping investigation and who are not listed in the table above will be subject to the All Other Exporters anti-dumping duty rate, pursuant to a ministerial specification.
For subject goods originating in or exported from Brazil, Kazakhstan, Malaysia, and Norway, the countervailing duty for future exports will be based on the specific amount of subsidy, per metric tonne, converted into Canadian dollars.
Normally, normal values will not be applied retroactively. However, this measure may be applied retroactively in cases where the parties have not advised the CBSA in a timely manner of substantial changes that affect values for SIMA purposes. Therefore, where substantial changes occur in prices, market conditions, costs associated with production and sales of the goods, the onus is on the concerned parties to advise the CBSA.
Please consult the SIMA Self-Assessment Guide for more detailed information explaining how to determine the amount of SIMA duties owing.
* A margin of dumping of less than 2% of the export price of the goods and an amount of subsidy of less than 1% of the export price of the goods are insignificant pursuant to section 2(1) of SIMA
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