Silicon Metal From Norway: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE

International Trade Administration

[C-403-807]

Silicon Metal From Norway: Final Affirmative Countervailing Duty Determination

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of silicon metal from Norway during the period of investigation (POI), January 1, 2024, through December 31, 2024.

DATES:

Applicable June 30, 2026.

FOR FURTHER INFORMATION CONTACT:

Stefan Smith, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4342.

SUPPLEMENTARY INFORMATION:

Background

On September 26, 2025, Commerce published in the

Federal Register

the

Preliminary Determination

and invited comments from interested parties.

1

Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days.

2

Additionally, due to a backlog of documents that were electronically filed via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) during the Federal Government shutdown, on November 24, 2025, Commerce tolled all deadlines in administrative proceedings by an additional 21 days.

3

Accordingly, the deadline for this final determination is now June 24, 2026.

1

See Silicon Metal from Norway: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination,

90 FR 46386 (September 26, 2025) (

Preliminary Determination

), and accompanying Preliminary Decision Memorandum.

2

See

Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025.

3

See

Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025.

For a complete description 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,

see

the Issues and Decision Memorandum.

4

The Issues and Decision Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at

http://access.trade.gov.

In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at

https://access.trade.gov/frnotices.

4

See

Memorandum, “Issues and Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Silicon Metal from Norway,” 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 Norway. For a complete description of the scope of this investigation,

see

Appendix I.

Scope Comments

No interested party commented on the scope of the investigation as it appeared in the

Preliminary Determination.

Therefore, no changes were made to the scope of the investigation.

Verification

Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, we conducted on-site verifications of the subsidy information reported by the Government of Norway (GON) and Elkem ASA (Elkem) in March 2026 using standard verification procedures, including an examination of relevant sales and accounting records, and original source documents.

5

5

See

Memorandum, “Verification of the Questionnaire Responses of the Government of Norway,” dated April 14, 2026;

see also

Memorandum, “Verification of the Questionnaire Responses of Elkem ASA,” dated April 14, 2026.

Analysis of Subsidy Programs and Comments Received

The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum,

see

Appendix II.

Methodology

Commerce conducted this investigation in accordance with section 701 the Act. For each of the subsidy programs found to be countervailable, Commerce determines that there is a subsidy,

i.e.,

a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.

6

For a full description of the methodology underlying our final determination,

see

the Issues and Decision Memorandum.

6

See

sections 771(5)(B) and (D) of the Act regarding financial contribution;

see also

section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

Changes Since the Preliminary Determination

Based on our analysis of the information received during verification, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Elkem and for all other producers/exporters. For a discussion of these changes,

see

the Issues and Decision Memorandum.

All-Others Rate

Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted average countervailable subsidy rates established for those exporters and/or producers individually investigated, excluding any zero and

de minimis

countervailable subsidy rates, and any rates based entirely under section 776 of the Act.

In this investigation, Commerce calculated an individual estimated countervailable subsidy rate for Elkem, the only individually examined exporter/producer in this investigation. Because the only individual calculated rate is not zero,

de minimis,

or based entirely on facts otherwise available, the estimated weighted-average rate calculated for Elkem is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Final Determination

Commerce determines that the following estimated countervailable subsidy rates exist for the period January 1, 2024, through December 31, 2024:

7

Commerce has found the following companies to be cross-owned with Elkem: Elkem Carbon AS; Elkem International AS; and Elkem Silicon Product Development AS.

Company

Subsidy rate

(percent

ad valorem

)

Elkem ASA

7

17.27

All Others

17.27

Disclosure

Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of its 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

As a result of our

Preliminary Determination,

and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise, as described in the scope of the investigation section, that were entered, or withdrawn from warehouse, for consumption on or after September 26, 2025, the date of publication of the

Preliminary Determination

in the

Federal Register

, for entries produced and/or exported by Elkem and all other producers and exporters. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of

liquidation of all entries of subject merchandise entered or withdrawn from warehouse, on or after, January 24, 2026, but to continue the suspension of liquidation of all entries of subject merchandise that were subject to suspension of liquidation between September 26, 2025, and January 23, 2026.

If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.

ITC Notification

In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of silicon metal from Norway. Because the final determination is affirmative, in accordance with section 705(b) 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 of silicon metal from Norway no later than 45 days after this final determination. In addition, we are making available to the ITC all non-privileged and nonproprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded.

If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.

Administrative Protective Order

In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/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 violation which is subject to sanction.

Notification to Interested Parties

This determination is issued and published pursuant to sections 705(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. Subsidies Valuation

IV. Analysis of Programs

V. Discussion of the Issues

Comment 1: Whether to Find the Apprenticeship Funding Program Countervailable

Comment 2: Whether to Find the Industrial Development Corporation of Norway (SIVA) Program Countervailable

Comment 3: Whether to Countervail the Additional Free Allowances under the Free Allocation of European Union (EU) Emissions Trading System (ETS)

Comment 4: Whether to Countervail the Enova Grant Programs

Comment 5: Whether to Countervail the Innovation Projects for the Industrial Sector Program

Comment 6: Whether to Countervail the Environmental Technology Scheme

Comment 7: Whether to Countervail the SkatteFUNN Program

Comment 8: Whether to Apply Total Adverse Facts Available (AFA) to Elkem with Respect to an Unreported Affiliate Discovered at Verification and Accept Elkem's Sales Minor Correction from Verification Regarding this Entity

Comment 9: Whether to Apply AFA to Elkem with Respect to an Unreported Subsidy

Comment 10: Whether to Countervail the Reduced Electricity Tax Rate Program

VI. Recommendation

[FR Doc. 2026-13120 Filed 6-29-26; 8:45 am]

BILLING CODE 3510-DS-P