CBSA Extends Dumping Investigations and Initiates an Inquiry for Certain Silicon Metal

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The Canada Border Services Agency (CBSA) announced on May 15, 2017 that it has extended the investigation with respect to the dumping of certain silicon metal originating in or exported from the Brazil, Kazakhstan, Laos, Malaysia, Norway, Russia and Thailand, and the subsidizing of certain silicon metal originating in or exported from Brazil, Kazakhstan, Malaysia, Norway and Thailand.

Under normal circumstances, the preliminary stage of the investigations would be completed within 90 days of the date of initiation, but due to the complexity and novelty of the issues presented by the investigations, the period has been extended to 135 days.

Consecutively on May 16, 2017, CBSA initiated an inquiry under Section 20 of The Special Import Measures Act (SIMA) due to indications that there is reason to believe that the Government of Kazakhstan plays a significant role in the silicon metal sector in Kazakhstan.

Administrative record indicates that all known silicon metal producers in Kazakhstan are state owned enterprises, wholly owned by the Government of Kazakhstan, and that domestic prices of silicon metal may be substantially determined by the Government of Kazakhstan. Therefore, the CBSA has reason to believe that the prices in the silicon metal sector in Kazkakhstan are not substantially the same as they would be if they were determined in a competitive market.

As such, the Government and all known silicon metal producers in Kazakhstan will be given the opportunity to provide information regarding the nature and extent of government involvement in exports and in determining pricing with respect to the silicon metal sector.

If there is sufficient reason to believe that conditions described in paragraph 20(1)(b) of SIMA exist, normal values will be determined in accordance with Section 20 with adjustments made for price comparability.

The CBSA decision to issue preliminary determinations will now be made on or before July 5, 2017.

Questions concerning the extension of the CBSA investigation should be directed to the CBSA at:  mailto:simaregistry-depotlmsi@cbsa-asfc.gc.ca or by telephone to: Andrew Manera: 613-946-2052

Questions concerning the Section 20 Inquiry should be directed to the CBSA at: simaregistry-depotlmsi@cbsa-asfc.gc.ca or by telephone to: Matthew Lerette: 613-954-7398

The notice containing detailed information concerning the Section 20 Inquiry is available on the CBSA website.