88010 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 

1See Ferrosilicon from Brazil, Kazakhstan, 

Malaysia, and the Russian Federation: Initiation of 

Less-Than-Fair-Value Investigations, 89 FR 31137 

(April 24, 2024) (Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Ferrosilicon from Brazil, Kazakhstan, and 

Malaysia: Postponement of Preliminary 

Determinations of Antidumping Duty 

Investigations, 89 FR 66678 (August 16, 2024). 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the Less-ThanFair-Value Investigation of Ferrosilicon from 

Malaysia,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

6See Initiation Notice, 89 FR 31137. 

7See appendix II; see also Preliminary Decision 

Memorandum. 

8With two respondents under examination, 

Commerce normally calculates: (A) a weightedaverage of the estimated weighted-average dumping 

margins calculated for the examined respondents; 

(B) a simple average of the estimated weightedaverage dumping margins calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated weighted-average dumping margins 

calculated for the examined respondents using each 

company’s publicly ranged U.S. sales values for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. See, e.g., Ball 

Bearings and Parts Thereof from France, Germany, 

Italy, Japan, and the United Kingdom: Final Results 

of Antidumping Duty Administrative Reviews, Final 

Results of Changed-Circumstances Review, and 

Revocation of an Order in Part, 75 FR 53661, 53662 

(September 1, 2010), and accompanying Issues and 

Decision Memorandum at Comment 1. As complete 

publicly ranged sales data were available, 

Commerce based the all-others rate on the publicly 

ranged sales data of the mandatory respondents. For 

a complete analysis of the data, see the All-Others 

Rate Calculation Memorandum. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–828] 

Ferrosilicon From Malaysia: 

Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, 

Preliminary Negative Determination of 

Critical Circumstances, Postponement 

of Final Determination, and Extension 

of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that ferrosilicon from 

Malaysia is being, or is likely to be, sold 

in the United States at less than fair 

value (LTFV). The period of 

investigation (POI) is January 1, 2023, 

through December 31, 2023. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable November 6, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Heaney or Jacob Waddell, 

AD/CVD Operations, Office VI, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4475 or 

(202) 482–1369, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 24, 2024.1 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.2 On August 16, 2024, Commerce 

postponed the preliminary 

determination of this investigation, and 

the revised deadline is now October 31, 

2024.3

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

included in the Preliminary Decision 

Memorandum is included as appendix 

II 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. 

Scope of the Investigation 

The product covered by this 

investigation is ferrosilicon from 

Malaysia. For a complete description of 

the scope of this investigation, see 

appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).6 As noted in the 

Preliminary Decision Memorandum, 

Commerce is correcting a minor clerical 

error in the language of the scope.7 See 

the revised scope in appendix I to this 

notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

731 of the Act. Commerce has 

calculated export prices in accordance 

with section 772(a) of the Act. 

Constructed export prices have been 

calculated in accordance with section 

772(b) of the Act. Normal value is 

calculated in accordance with section 

773 of the Act. For a full description of 

the methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Negative Determination of 

Critical Circumstances 

In accordance with section 733(e) of 

the Act and 19 CFR 351.206, Commerce 

preliminarily finds that critical 

circumstances do not exist for OM 

Sarawak Sdn. Bhd (OMSA), Pertama 

Ferroalloys Sdn. Bhd (Pertama), and all 

other companies not individually 

examined. For a full description of the 

methodology and results of Commerce’s 

critical circumstances analysis, see the 

Preliminary Decision Memorandum. 

All-Others Rate 

Sections 733(d)(1)(ii) and 735(c)(5)(A) 

of the Act provide that, in the 

preliminary determination, Commerce 

shall determine an estimated all-others 

rate for all exporters and producers not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. 

In this investigation, Commerce 

calculated estimated weighted-average 

dumping margins for OMSA and 

Pertama that are not zero, de minimis, 

or based entirely on facts otherwise 

available. Commerce calculated the allothers rate using a weighted average of 

the estimated weighted-average 

dumping margins calculated for the 

examined respondents using each 

company’s publicly ranged values for 

the merchandise under consideration.8

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist: 


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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 88011 

9See Memorandum, ‘‘Preliminary Analysis 

Memorandum for OM Material Sarawak Sdn. Bhd,’’ 

dated October 31, 2024. 10See Memorandum, ‘‘Preliminary Analysis 

Memorandum for Pertama Ferroalloys Sdn. Bhd,’’ 

dated October 31, 2024. 

11See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Service Final Rule). 

12See 19 351.309(c)(2) and (d)(2). 

13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

14See APO and Service Final Rule. 

Exporter/producer 

Weighted-average 

dumping margin 

(percent) 

Cash deposit rate 

(adjusted for subsidy offset(s)) 

(percent) 

OM Sarawak Sdn. Bhd ........................................................................................................ 6.91 9 6.23 

Pertama Ferroalloys Sdn. Bhd ............................................................................................ 9.01 10 8.73 

All Others ............................................................................................................................. 7.84 7.28 

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, Commerce will direct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of subject 

merchandise, as described in appendix 

I, entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of this notice in 

the Federal Register. Further, pursuant 

to section 733(d)(1)(B) of the Act and 19 

CFR 351.205(d), Commerce will instruct 

CBP to require a cash deposit equal to 

the estimated weighted-average 

dumping margin or the estimated allothers rate, as follows: (1) the cash 

deposit rate for the respondents listed 

above will be equal to the companyspecific estimated weighted-average 

dumping margins determined in this 

preliminary determination; (2) if the 

exporter is not a respondent identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. 

Commerce normally adjusts cash 

deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion 

countervailing duty (CVD) proceeding, 

when CVD provisional measures are in 

effect. Accordingly, where Commerce 

preliminarily made an affirmative 

determination for countervailable export 

subsidies, Commerce has offset the 

estimated weighted-average dumping 

margin by the appropriate CVD rate. 

Any such adjusted cash deposit rate 

may be found in the ‘‘Preliminary 

Determination’’ section above. 

Should provisional measures in the 

companion CVD investigation expire 

prior to the expiration of provisional 

measures in this LTFV investigation, 

Commerce will direct CBP to begin 

collecting estimated antidumping duty 

cash deposits unadjusted for 

countervailed export subsidies at the 

time that the provisional CVD measures 

expire. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of publication of this notice 

in accordance with 19 CFR 351.224(b). 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g) following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

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 

investigation. Rebuttal briefs, limited to 

issues raised in the case briefs, may be 

filed not later than five days after the 

date for filing case briefs.11 Interested 

parties who submit case or rebuttal 

briefs in this proceeding must submit: 

(1) a table of contents listing each issue; 

and (2) a table of authorities.12

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their briefs that 

should be limited to five pages total, 

including footnotes. In this 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.13 Further, we request that 

interested parties limit their executive 

summary of each issue to no more than 

450 words, not including citations. We 

intend to use the executive summaries 

as the basis of the comment summaries 

included in the issues and decision 

memorandum that will accompany the 

final determination in this investigation. 

We request that interested parties 

include footnotes for relevant citations 

in the executive summary of each issue. 

Note that Commerce has amended 

certain of its requirements pertaining to 

the service of documents in 19 CFR 

351.303(f).14

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, U.S. Department of 

Commerce, within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants and whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Act provides 

that a final determination may be 

postponed until not later than 135 days 

after the date of the publication of the 

preliminary determination if, in the 


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88012 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Notices 

15See OMSA’s Letter, ‘‘OMSA’s Request to 

Postpone Final Antidumping Duty Determination,’’ 

dated October 21, 2024; see also Pertama’s Letter, 

‘‘Request for Postponement of Final Determination 

and Provisional Measures Period,’’ dated October 

23, 2024; Petitioners’ Letter, ‘‘Petitioner’s Request to 

Postpone the Final Antidumping Duty 

Determination,’’ dated October 23, 2024. 

event of an affirmative preliminary 

determination, a request for such 

postponement is made by exporters who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the petitioner. 

Section 351.210(e)(2) of Commerce’s 

regulations requires that a request by 

exporters for postponement of the final 

determination be accompanied by a 

request for extension of provisional 

measures from a four-month period to a 

period not more than six months in 

duration. 

Between October 21 and 23, 2024, 

pursuant to 19 CFR 351.210(e), OMSA, 

Pertama, and the petitioners each 

requested that Commerce postpone the 

final determination and that provisional 

measures be extended to a period not to 

exceed six months.15 In accordance with 

section 735(a)(2)(A) of the Act and 19 

CFR 351.210(b)(2)(ii), because: (1) the 

preliminary determination is 

affirmative; (2) the requesting exporters 

account for a significant proportion of 

exports of the subject merchandise; and 

(3) no compelling reasons for denial 

exist, Commerce is postponing the final 

determination and extending the 

provisional measures from a four-month 

period to a period not greater than six 

months. Accordingly, Commerce will 

make its final determination no later 

than 135 days after the date of 

publication of this preliminary 

determination. 

U.S. International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: October 31, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The scope of this investigation covers all 

forms and sizes of ferrosilicon, regardless of 

grade, including ferrosilicon briquettes. 

Ferrosilicon is a ferroalloy containing by 

weight four percent or more iron, more than 

eight percent but not more than 96 percent 

silicon, three percent or less phosphorus, 30 

percent or less manganese, less than three 

percent magnesium, and 10 percent or less of 

any other element. The merchandise covered 

also includes product described as slag, if the 

product meets these specifications. 

Subject merchandise includes material 

matching the above description that has been 

finished, packaged, or otherwise processed in 

a third country, including by performing any 

grinding or any other finishing, packaging, or 

processing that would not otherwise remove 

the merchandise from the scope of the 

investigation if performed in the country of 

manufacture of the ferrosilicon. 

Ferrosilicon is currently classifiable under 

subheadings 7202.21.1000, 7202.21.5000, 

7202.21.7500, 7202.21.9000, 7202.29.0010, 

and 7202.29.0050 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

While the HTSUS numbers are provided for 

convenience and customs purposes, the 

written description of the scope remains 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Affiliation 

V. Discussion of the Methodology 

VI. Preliminary Negative Determination of 

Critical Circumstances 

VII. Currency Conversion 

VIII. Adjustments to Cash Deposit Rates for 

Export Subsidies in the Companion 

Countervailing Duty Investigation 

IX. Recommendation 

[FR Doc. 2024–25796 Filed 11–5–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Mackerel, Squid, and 

Butterfish Amendment 14 Data 

Collection 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on June 17, 

2024, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: National Oceanic and 

Atmospheric Administration, 

Commerce. 

Title: Atlantic Mackerel, Squid, and 

Butterfish Amendment 14 Data 

Collection. 

OMB Control Number: 0648–0679. 

Form Number(s): None. 

Type of Request: Regular submission 

(extension of a current information 

collection). 

Number of Respondents: 10,035. 

Average Hours per Response: Pre-trip 

notification to observer program, 5 

minutes; Trip Cancellation notification 

to observer program, 1 minute; Released 

Catch Affidavit, 5 minutes; and Vessel 

Permit Swap Form, 5 minutes. 

Total Annual Burden Hours: 766 

hours. 

Needs and Uses: This is a request for 

renewal of an approved information 

collection. Under the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the Secretary of Commerce has the 

responsibility for the conservation and 

management of marine fishery 

resources. Much of this responsibility 

has been delegated to the NOAA’s 

National Marine Fisheries Service 

(NMFS). Under this stewardship role, 

the Secretary was given certain 

regulatory authorities to ensure the most 

beneficial uses of these resources. One 

of the regulatory steps taken to care out 

the conservation and management 

objectives is to collect information from 

users of the resources. 

This collection requires limited access 

mackerel and longfin squid/butterfish 

moratorium permit holders to bring all 

catch aboard the vessel and make it 

available for sampling by an observer. If 

catch is not made available to an 

observer before discard, that catch is 

defined as slippage, and the vessel 

operator must complete a ‘‘Released 

Catch Affidavit’’ form within 48 hours 

of the end of the fishing trip which 

details why catch was slipped, estimates 

the quantity and species composition of 


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