Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce International Trade Administration [A-557-820]
 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] 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] Scope of the Order The merchandise covered by the scope of this 
                    *Order*
                     is silicon metal from Malaysia.[6] 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: Exporter/producer
Weighted-
                             average  
                             dumping  
                             margin  
                             (percent)PMB Silicon Sdn. Bhd
0.00
 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.
                    ( print 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] 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 minimi*
                    s, 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] 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] 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. 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). 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


# Footnotes

1.
    
                         
                        *See Silicon Metal from Malaysia: Antidumping Duty Order,*86 FR 46677 (August 19, 2021) (
                        *Order*). Back to Citation
 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). Back to Citation
 3.
    
                         
                        *See Initiation of Antidumping and Countervailing Duty Administrative Reviews,*87 FR 61278 (October 11, 2022). Back to Citation
 4.
    
                         
                        *See*
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2021-2022,” dated April 21, 2023. Back to Citation
 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). Back to Citation
 6.
    
                         For a complete description of the scope of the 
                        *Order, see*
                         Preliminary Decision Memorandum. Back to Citation
 7.
    
                         
                        *See*19 CFR 351.309(c) and (d)(2); 
                        *see also*19 CFR 351.303 (for general filing requirements). Back to Citation
 8.
    
                         
                        *See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period,*85 FR 41363 (July 10, 2020). Back to Citation
 9.
    
                         
                        *See*19 CFR 351.212(b)(1). Back to Citation
 10.
    
                         
                        *See*
                         section 751(a)(2)(C) of the Act. Back to Citation
 11.
    
                         
                        *See Order*. Back to Citation
 12.
    
                         For a full description of this practice, 
                        *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 13.
    
                         
                        *See Order,*86 FR 46678. Back to Citation


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