Silicon metal: Measures in force

Measure in force code (MIF code)

SM

Product information

Product definition

Additional information

The subject goods include all forms and sizes of silicon metal, including off-specification material such as silicon metal with high percentages of other elements, such as aluminum, calcium, iron, etc.

Silicon is a chemical element, metallic in appearance, solid in mass, and steel gray in color, that is commonly found in nature in combination with oxygen either as silica or in combination with both oxygen and a metal in silicate minerals. Although commonly referred to as metal, silicon exhibits characteristics of both metals and non-metals. Silicon metal is a polycrystalline material whose crystals have a diamond cubic structure at atmospheric pressure. It is usually sold in lump form typically ranging from 6" x 1⁄2" to 4" x 1⁄4" for the metallurgical industry, 1" by 1" and smaller for the chemical industries and also in crushed powder form.

Silicon metal is principally used by primary and secondary aluminum producers as an alloying agent and by the chemical industry to produce a family of chemicals known as silicones.

Investigation information

The dates of the proceedings concerning this case are:

Tariff classification numbers

The subject goods are usually classified under the following tariff classification number:

• 2804.69.00.00

Please note that these classification numbers may apply to goods which are not subject to the Special Import Measures Act (SIMA) measures, may change because of amendments to the Departmental Consolidation of the Customs Tariff, or the subject goods may be imported under tariff classification numbers that are not listed. Refer to the product definition for the authoritative details regarding the subject goods.

For more information on the tariff classification numbers, please refer to the Canada Border Services Agency’s (CBSA) Harmonized Commodity Description and Coding System.

Duty liability (Anti-dumping duties)

Country of origin or export: China

Effective on imports of subject goods released by the CBSA on or after November 19, 2013:

The following table identifies the exporters who currently have been issued normal values:

For importations of subject goods originating in or exported from China for which the exporter has not been issued specific normal values, the anti-dumping duty is equal to 235% of the export price.

Duty liability (Countervailing duties)

Country of origin or export: China

Effective on imports of subject goods released by the CBSA on or after November 19, 2013.

The following table identifies the exporters who currently have a specific amount of subsidy:

For importations of subject goods originating in or exported from China for which the exporter has not been issued specific amounts of subsidy, the countervailing duty is equal to 1,945.0 CNY per metric tonne.

Disclosure of normal values and amounts of subsidy

The liability for anti-dumping and countervailing duty results from the proceedings conducted under SIMA and from the finding of the the Canadian International Trade Tribunal (CITT). Information regarding the normal value and amount of subsidy of the subject goods in question and the amount of anti-dumping and countervailing duty payable should be obtained from the exporter. Related information may be made available to importers on a need-to-know basis in accordance with the provisions of Memorandum D14-1-2: Disclosure of Normal Values, Export Prices, and Amounts of Subsidy Established Under the Special Import Measures Act.

General information for CBSA assessment and revenue management (CARM)

CARM is the official system of record for the assessment and collection of duties and taxes on imported commercial goods. In most circumstances, the CARM system will automatically calculate the amount of SIMA duties payable based on information provided; however, it is still your responsibility to verify that the amounts assessed are correct and, if necessary, self-declare correct amounts. For additional information relating to CARM and self-assessing SIMA duties, please refer to the Guide for self-assessing Special Import Measures Act duties and applicable D-Memorandums.

Requests for re-determination information for CARM

Requests for re-determination relating to SIMA duties must be filed by the importer or the importer’s agent via the CARM Client Portal (CCP), through the Statements of adjustment and appeals. Failure to submit correctly may result in rejection and/or delayed processing.

Summary decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on President-level re-determinations.

Information required on customs documents

The import documentation should include the information listed below. Failure to provide this information may result in the application of penalties to the importer, pursuant to the Administrative Monetary Penalty System (AMPS).

The import documentation should clearly indicate the following:

• Confirmation whether the product is subject to SIMA duties
• Name and address of producer/manufacturer
• Exporter ID
• Name and address of vendor (if different from the producer)
• Customer's name and address
• Canadian importer's name and address (if different from the customer)
• Full product description of the goods, including:
  • Model ID
  • Model description
  • Silicon content
  • Iron content
  • Aluminum content
  • Calcium content
  • Phosphorus content
  • Size
• Date of sale, date of shipment
• Quantity (including, the unit of measure)
• Unit selling price, total selling price
• Currency of settlement used (e.g., US$, CDN$, etc.)
• Terms and conditions of sale (e.g., FOB, CIF, etc.)
• All costs, expenses, and charges incurred by the exporter and vendor in the shipment of the subject goods to Canada from the point of direct shipment (including, the inland and ocean freight, insurance, etc.)
• The amount of any export taxes applicable to the goods.

Appeal decisions relating to subjectivity

Summaries of appeal decisions made by the CBSA respecting whether an imported good is subject to this measure in force can be found on the President-level re-determinations page.

Email for duty assessment questions

SIMA_Compliance-Observation_LMSI@cbsa-asfc.gc.ca

CITT reference number(s)

• NQ-2013-003
• RR-2018-003