Silicon Metal From Australia: Final Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE International Trade Administration [A-602-813] Silicon Metal From Australia: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that silicon metal from Australia is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through March 31, 2025. DATES: Applicable June 30, 2026. FOR FURTHER INFORMATION CONTACT: Jacob Waddell, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1369. SUPPLEMENTARY INFORMATION: Background On February 9, 2026, Commerce published the Preliminary Determination of sales at LTFV of silicon metal from Australia, in which we also postponed the final determination until June 24, 2026, and invited interested parties to comment on the Preliminary Determination. 1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/frnotices. 1   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) ( Preliminary Determination ), and accompanying Preliminary Decision Memorandum (PDM). 2   See Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Silicon Metal from Australia,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Scope of the Investigation The product covered by this investigation is silicon metal from Australia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments We received no comments from interested parties on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, we made no changes to the scope of the investigation. Verification Commerce verified the sales and cost information submitted by Simcoa Operations Pty Ltd. (Simcoa) for use in this final determination, consistent with section 782(i) of the Tariff Act of 1930, as amended (the Act). 3 We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Simcoa. 3   See Memoranda, “Verification of the Export Price and Constructed Export Price Sales Response of Simcoa Operations Pty Ltd.,” dated May 13, 2026; “Verification of the Cost Response of Simcoa Operations Pty. Ltd. in the Less-than-Fair-Value Investigation of Silicon Metal from Australia,” dated May 19, 2026. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination We made certain changes since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Because there is only one mandatory respondent in this investigation, i.e., Simcoa, and its final dumping margin is not zero, de minimis, or based entirely on facts otherwise available, we assigned Simcoa's estimated weighted-average dumping margin to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist:   Exporter or producer Weighted- average dumping margin (percent) Simcoa Operations Pty Ltd. 6.16 All Others 6.16 Disclosure Commerce intends to disclose the calculations performed in connection with this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after February 9, 2026, the date of publication of the Preliminary Determination in the Federal Register . These suspension of liquidation instructions will remain in effect until further notice. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rate for subject merchandise exported by Simcoa is equal to the company-specific estimated weighted-average dumping margin listed in the above table; (2) if the exporter is not a company listed in the table above, but the producer is, then the cash deposit rate is equal to the company-specific estimated weighted-average dumping margins listed for the producer of the subject merchandise in the table above; and (3) the cash deposit rate for all other producers and exporters is equal to the estimated weighted-average dumping margins for all-other producers and exporters listed in the table above. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of silicon metal from Australia no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the “Continuation of Suspension of Liquidation” section above. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This final determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: June 24, 2026. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I Scope of the Investigation The scope of this investigation 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 this investigation. 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Application of Partial Adverse Facts Available to Simcoa's U.S. Sales Comment 2: Revised Differential Pricing Analysis Comment 3: Application of the Major Input Rule Comment 4: General and Administrative Expenses based on Verification Findings Comment 5: General and Administrative Expenses based on Insurance Revenue Comment 6: Financial Expense Ratio Comment 7: By-Product Offset Comment 8: Constructed Export Price Indirect Selling Expense Comment 9: Duties Charged under the International Emergency Economic Powers Act V. Recommendation [FR Doc. 2026-13118 Filed 6-29-26; 8:45 am] BILLING CODE 3510-DS-P