SIMA EXPIRY REVIEW ORDER: SILICON METAL

SIMA EXPIRY REVIEW ORDER:

SILICON METAL ORIGINATING IN OR EXPORTED FROM CHINA

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On April 30, 2025, the Canadian International Trade Tribunal (the “CITT”) announced an Order in Expiry Review RR-2024-002 (the “Order”), continuing its finding of material injury in respect of the dumping of Silicon Metal originating in or exported from the People’s Republic of China (the “Subject Goods”). 

The Subject Goods

The Subject Goods are defined as:

Silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight, and silicon metal containing between 89.00 percent and 96.00 percent silicon by weight that contains aluminum greater than 0.20 percent by weight, of all forms and sizes, originating in or exported from the People’s Republic of China.

What is an Expiry Review?

Expiry reviews are conducted by the CITT (with the investigative assistance of the Canada Border Service Agency) to review any prior Anti-Dumping Duty (“ADD”) or Countervailing Duty (“CVD”) findings  made by the CITT (the “Findings”) under the Special Import Measures Act (“SIMA”).  Expiry Reviews typically occur every five years following the original findings or subsequent continuation orders.

Expiry Reviews allow the CBSA to investigate whether the expiry of a prior order is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods, and the CITT to determine whether material injury to the domestic industry would be likely as a result.

Why Do I Care?

The Order concludes Expiry Review RR-2024-002, with the current ADDs and CVDs remaining in force for, at minimum, another five years until the next Expiry Review. 

Only three Chinese exporters have currently been issued normal values and specific amounts of subsidy:

1. Rio Tinto Procurement (Singapore) Pte Ltd.;
2. Mangshi Sinice Silicon Industry Co., Ltd.; and
3. Xiamen ITG Group Corp., Ltd.

For all other Chinese exporters, the ADD is 235% of the export price, while the CVD is 1,945.00 Chinese Yuan (approximately $373.39 CAD) per metric tonne.

Canadian importers and foreign exporters and producers will have an opportunity to take part in the next Expiry Review in approximately five years.  Canadian domestic producers (i.e., those benefitting from the Order) are essentially required to participate in the next Expiry Review (or risk a conclusion of insufficient domestic support to continue the Order).

Can I Get Involved Now?

Foreign producers and exporters impacted by the Order should consider whether they meet the qualifications to request an Expedited Review from the CBSA.  Through an Expedited Review, the CBSA reviews the normal value, export price and amount of subsidy (if applicable) on subject goods for an exporter or producer who was not previously asked to submit information to the CBSA in a prior investigation or reinvestigation. 

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For help with an Expiry Review, please click here.

Download a PDF copy of this Blog here.

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