[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62537-62539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19627]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-820]


Silicon Metal From Malaysia: Preliminary Results of Antidumping 
Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of silicon metal from Malaysia were not sold in 
the United States at less than normal value (NV) during the period of 
review (POR), February 1, 2021, through July 31, 2022. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable September 12, 2023.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1110.

SUPPLEMENTARY INFORMATION: 

Background

    On August 19, 2021, Commerce published in the Federal Register an 
antidumping duty order on silicon metal from Malaysia.\1\ On August 2, 
2022, we published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On October 11, 2022, 
based on a timely request for an administrative review, Commerce 
initiated an administrative review with respect to PMB Silicon Sdn. Bhd 
(PMB Silicon).\3\
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    \1\ See Silicon Metal from Malaysia: Antidumping Duty Order, 86 
FR 46677 (August 19, 2021) (Order).
    \2\ See Antidumping and Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278 (October 11, 2022).
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    On April 21, 2023, Commerce extended the time limit for completing 
the preliminary results of this review until August 31, 2023.\4\ For a 
complete description of the events between the initiation of this 
review and these preliminary results, see the Preliminary Decision 
Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated April 21, 2023.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Silicon 
Metal from Malaysia; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the scope of this Order is silicon metal 
from Malaysia.\6\
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    \6\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margin exists during the period February 1, 2021, 
through July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
PMB Silicon Sdn. Bhd.......................................        0.00
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon here in advance of the final results 
of this review.

[[Page 62538]]

Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments may be submitted to the Assistant 
Secretary for Enforcement and Compliance no later than seven days after 
the date on which the last verification report is issued in this 
administrative review. Rebuttal briefs, limited to issues raised in 
case briefs, may be submitted no later than seven days after the 
deadline date for case briefs. Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\7\ Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\8\
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    \7\ See 19 CFR 351.309(c) and (d)(2); see also 19 CFR 351.303 
(for general filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS. Hearing 
requests should contain: (1) the party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in the 
case briefs, no later than 120 days after the date of publication of 
this notice, pursuant to section 751(a)(3)(A) of the Act, unless 
otherwise extended.

Assessment Rates

    Upon issuance of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\9\ If PMB Silicon's weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent) in the final results 
of this review, we will calculate importer-specific assessment rates 
based on the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review when the importer-specific assessment rate calculated in 
the final results of this review is not zero or de minimis. If PMB 
Silicon's weighted-average dumping margin is zero or de minimis in the 
final results of review, or if an importer-specific or customer-
specific assessment rate is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties. The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review, and for future deposits of estimated duties, where 
applicable.\10\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by PMB 
Silicon for which PMB Silicon did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 12.27 percent),\11\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\12\
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    \11\ See Order.
    \12\ For a full description of this practice, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue instructions to CBP no earlier than 35 
days after the publication date of the final results of this review in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for PMB Silicon in 
the final results of review will be equal to the weighted-average 
dumping margin established in the final results of this administrative 
review except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for merchandise exported by a 
company not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment in 
which it was reviewed; (3) if the exporter is not a firm covered in 
this review or the original LTFV investigation, but the producer is, 
then the cash deposit rate will be the rate established for the most 
recently-completed segment of this proceeding for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 12.27 percent,\13\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \13\ See Order, 86 FR 46678.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).


[[Page 62539]]


    Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-19627 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DS-P