03.09.2026 Regulation #USA #EAEU #Import #Duties
US extends duties on silicon metal from Kazakhstan for five years
The US International Trade Commission (USITC) has unanimously determined to keep in place the existing duties on metallurgical-grade silicon metal from Kazakhstan, Bosnia and Herzegovina, Iceland and Malaysia. The decision, issued after a five-year ("sunset") review, was published in the Federal Register on September 3, 2026: the Commission found that revocation of the orders would likely lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time.
The orders and codes covered
The measures at stake were imposed by the US Department of Commerce in 2021 following a joint investigation triggered by a domestic industry petition:
- a countervailing duty (CVD) on silicon metal from Kazakhstan — order C-834-811, issued April 19, 2021, at a 160% rate for all producers and exporters, including Tau-Ken Temir LLP and JSC NMC Tau-Ken Samruk;
- antidumping duties (AD) on silicon metal from Bosnia and Herzegovina and Iceland (order of April 19, 2021) — 21.41% for Bosnian suppliers and 37.83–47.54% for Icelandic ones;
- an antidumping duty on silicon metal from Malaysia (order of August 19, 2021) — 12.27%.
The scope covers silicon metal containing from 85% up to less than 99.99% silicon and less than 4% iron by weight, classified under HTSUS subheadings 2804.69.1000 and 2804.69.5000; semiconductor-grade silicon of 99.99% purity or higher, under 2804.61.0000, is excluded.
What it means for exporters and importers
For Kazakh producers — chiefly Tau-Ken Temir and the Tau-Ken Samruk group — the 160% duty keeps in place a price markup that constrains Kazakh shipments to the US market for another five-year cycle. For US importers of raw silicon, the decision means sourcing alternatives from Kazakhstan, Bosnia and Herzegovina, Iceland or Malaysia will continue to carry the existing AD/CVD rates when calculating landed cost, and import declarations under HTSUS 2804.69.1000 and 2804.69.5000 remain subject to the same duty regime.
Expedited procedure and the next review
The Commission instituted the review on March 2, 2026, and on June 5, 2026 decided to conduct it on an expedited basis: according to the Federal Register notice, the domestic interested party group's response to the notice of institution was found adequate, while the respondent interested party group's response was found inadequate, permitting an expedited review under Section 751(c) of the Tariff Act. The Commission completed and filed its determination on August 31, 2026, with a unanimous affirmative vote by Chairman Brett W. Doyle and Commissioners Jason E. Kearns, Peter-Anthoney Pappas, Bart Thanhauser and David Foley Jr. The orders remain in force for another five years, until the next scheduled sunset review.
Primary sources
- Silicon Metal From Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia; Determinations (Federal Register, USITC)
- Silicon Metal From Bosnia and Herzegovina, Iceland, Kazakhstan, and Malaysia; Institution of Five-Year Reviews (Federal Register, USITC)
- Silicon Metal From the Republic of Kazakhstan: Countervailing Duty Order (Federal Register, Commerce)
- Silicon Metal From Bosnia and Herzegovina and Iceland: Antidumping Duty Orders (Federal Register, Commerce)
- Silicon Metal From Malaysia: Antidumping Duty Order (Federal Register, Commerce)
Mentioned codes
2804.69.1000 2804.69.5000 2804.61.0000
This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.