33224 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 

1See Silicon Metal from Malaysia: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Postponement of Final Determination, 

and Extension of Provisional Measures, 86 FR 7701 

(February 1, 2021) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Silicon Metal from Malaysia,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

3See Commerce’s Letter, ‘‘In Lieu of Verification 

Questionnaire,’’ dated March 29, 2021; see also 

PMB Silicon’s Letter, ‘‘Silicon Metal from 

Malaysia,’’ dated April 6, 2021. 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: July 9, 2019. 

Docket Number: 20–001. Applicant: 

Rutgers, The State University of New 

Jersey, Physics and Astronomy 

Department, 136 Frelinghuysen Road, 

Piscataway, NJ 00854. Instrument: 

CZekalski furnace (Crystal grower). 

Manufacturer: Sipat Co., Ltd., China. 

Intended Use: According to the 

applicant, the instrument will be used 

to study the physical properties of oxide 

and/or metallic materials and various 

physical phenomena based on strongly 

correlated materials such as high 

temperature superconductors, 

topological insulators or multiferroics. 

Electronic and/or magnetic properties of 

new oxide and/or metallic materials 

will be investigated. The growth of new 

materials will be conducted which have 

unique electric and magnetic properties 

using purchased crystal grower. To 

identify grown materials x-ray 

diffraction and Laue diffraction will be 

employed. The magnetic property 

measurement system obtains its electric 

and magnetic properties in varying 

conditions of temperature, electric and 

magnetic fields. Justification for DutyFree Entry: According to the applicant, 

there are no instruments of the same 

general category manufactured in the 

United States. Application accepted by 

Commissioner of Customs: December 

23, 2019. 

Docket Number: 20–013. Applicant: 

Fermi Research Alliance, FRA. 

Instrument: Linac Coherent Light 

Source (LCLS–II) Upper Cold Mass 

Assemblies and Vacuum Vessels. 

Manufacturer: Wuxi Creative 

Technologies Company LTD WXCX, 

China. Intended Use: According to the 

applicant, the instrument will be used 

to study the cryomodules that will be 

used for scientific research, including 

the studies of elementary particles. Each 

assembly is an essential component 

necessary to build a cryomodule. LCLS– 

II upgrade includes three types of 

components (1) vacuum vessels for the 

1.2 GHz cryomodules; (2) cold-mass 

assemblies for the 1.3 GHz; and (3) coldmass assemblies for the cryomodules. 

These components will also be included 

in the complete assembly of the LCLS– 

II cryogenic cooling system, which 

insulates, provides and refreshes 

liquified helium gas. LCLS–II is a 

planned upgrade project for the freeelectron laser facility located at SLAC. 

LCLS–II will consist of thirty-five (35) 

1.3 GHz and two (2) 3.9 GHz 

superconducting radio frequency (RF) 

continuous wave (CW) cryomodules 

that Fermilab and Jefferson Lab are 

producing in collaboration with SLAC. 

The LCLS–II will enable new 

experiments and research in six broad 

areas: (1) Fundamental dynamics of 

energy and charge in atoms and 

molecules; (2) catalysis, photo-catalysis, 

environmental, and coordination 

chemistry; (3) quantum materials; (4) 

non-scale heterogeneity, fluctuations, 

and dynamics of functional materials; 

(5) matter in extreme environments; and 

(6) biological function on natural length 

and time scales. Justification for DutyFree Entry: According to the applicant, 

there are no instruments of the same 

general category manufactured in the 

United States. Application accepted by 

Commissioner of Customs: August 21, 

2020. 

Dated: June 17, 2021. 

Richard Herring, 

Director, Subsidies Enforcement, Enforcement 

and Compliance. 

[FR Doc. 2021–13225 Filed 6–23–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–820] 

Silicon Metal From Malaysia: Final 

Affirmative Determination of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that silicon 

metal from Malaysia is being, or is likely 

to be, sold in the United States at less 

than fair value (LTFV). The final 

weighted-average dumping margins are 

listed below in the section entitled 

‘‘Final Determination.’’ 

DATES: Applicable June 24, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Coen, 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) 482–3251. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2021, Commerce 

published the Preliminary 

Determination in this investigation, and 

invited interested parties to comment on 

our findings.1 The petitioners in this 

investigation are Globe Specialty 

Metals, Inc. and Mississippi Silicon LLC 

(collectively, the petitioners). The 

mandatory respondent subject to this 

investigation is PMB Silicon Sdn. Bhd. 

(PMB Silicon). A summary of the events 

that occurred since Commerce 

published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, may be 

found in the Issues and Decision 

Memorandum.2

The Issues and Decision 

Memorandum is a public document and 

is available 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 Issues and Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/ 

index.html. 

Period of Investigation 

The period of investigation (POI) is 

April 1, 2019, through March 31, 2020. 

Scope of the Investigation 

The product covered by this 

investigation is silicon metal from 

Malaysia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Analysis of Comments Received 

All issues raised in the case briefs and 

rebuttal briefs submitted by interested 

parties in this proceeding are discussed 

in the Issues and Decision 

Memorandum. A list of the issues raised 

by parties and responded to by 

Commerce in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. 

Verification 

Commerce was unable to conduct an 

on-site verification of the information 

relied upon in making its final 

determination in this investigation as 

provided for in section 782(i) of the 

Tariff Act of 1930, as amended (the Act). 

Accordingly, we took additional steps in 

lieu of an on-site verification and 

requested additional documentation and 

information.3


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices 33225 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received, we made certain 

changes to the margin calculation for 

PMB Silicon. For a discussion of the 

issues, see the Issues and Decision 

Memorandum. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers and exporters not 

individually investigated shall be equal 

to the weighted average of the estimated 

weighted-average dumping margins 

established for individually investigated 

exporters and producers, excluding any 

margins that are zero, de minimis, or 

determined entirely under section 776 

of the Act. Commerce calculated an 

individual estimated weighted-average 

dumping margin for PMB Silicon, the 

only individually-examined exporter/ 

producer in this investigation. Because 

the only individually-calculated 

dumping margin is not zero, de 

minimis, or based entirely on facts 

otherwise available, the estimated 

weighted-average dumping margin 

calculated for PMB Silicon is the margin 

assigned to all other producers and 

exporters, pursuant to section 

735(c)(5)(A) of the Act. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

PMB Silicon Sdn. Bhd. ............... 12.27 

All Others .................................... 12.27 

Disclosure 

We intend to disclose to interested 

parties the calculations and analysis 

performed in this final determination 

within five days of any public 

announcement or, if there is no public 

announcement, within five days of the 

date of the publication of this notice to 

parties in this proceeding in accordance 

with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

liquidation of all appropriate entries of 

subject merchandise, as described in 

Appendix I of this notice, entered, or 

withdrawn from warehouse, for 

consumption on or after February 1, 

2021, the date of publication of the 

Preliminary Determination in the 

Federal Register. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), upon 

publication of this notice, Commerce 

will instruct CBP to require a cash 

deposit for entries of subject 

merchandise equal to the estimated 

weighted-average dumping margin or 

the estimated all-others rate, as follows: 

(1) The cash deposit rate for PMB 

Silicon listed in the table above will be 

equal to the respondent-specific 

estimated weighted-average dumping 

margin determined in this final 

determination; (2) if the exporter is not 

a respondent identified in the table 

above but the producer is, then the cash 

deposit rate will be equal to the 

estimated weighted-average 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 allothers estimated weighted-average 

dumping margin. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of the final 

affirmative determination of sales at 

LTFV. Because the final determination 

in this proceeding is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports, or 

sales (or the likelihood of sales) for 

importation of silicon metal no later 

than 45 days after our final 

determination. If the ITC determines 

that material injury or threat of material 

injury does not exist, the proceeding 

will be terminated, and all cash deposits 

will be refunded. If the ITC determines 

that material injury or threat of material 

injury does exist, Commerce will issue 

an antidumping duty order directing 

CBP to assess, upon further instruction 

by Commerce, antidumping duties on 

all imports of the subject merchandise, 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding Administrative 

Protective Order 

This notice serves as the only 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

notification of the return or destruction 

of APO materials or conversion to 

judicial protective order is hereby 

requested. Failure to comply with the 

regulations and the terms of an APO is 

a violation subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

determination and notice in accordance 

with sections 735(d) and 777(i) of the 

Act and 19 CFR 351.210(c). 

Dated: June 16, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I—Scope of the Investigation 

The scope of this investigation covers all 

forms and sizes of silicon metal, including 

silicon metal powder. Silicon metal contains 

at least 85.00 percent but less than 99.99 

percent silicon, and less than 4.00 percent 

iron, by actual weight. Semiconductor grade 

silicon (merchandise containing at least 

99.99 percent silicon by actual weight and 

classifiable under Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading 2804.61.0000) is excluded from 

the scope of this investigation. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the 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 Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Changes Since the Preliminary 

Determination 

V. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Apply Total Adverse Facts Available 

(AFA) to PMB Silicon’s Reported Costs 

Comment 2: Whether Commerce Should 

Apply Partial AFA to PMB Silicon’s 

Reported Sales 

Comment 3: Whether PMB Silicon’s 

General and Administrative Expenses 

Should Be Adjusted 

Comment 4: Whether Commerce Erred in 

Calculating PMB Silicon’s Margin in the 

Preliminary Determination 

Comment 5: Moot Arguments 

VI. Recommendation 

[FR Doc. 2021–13205 Filed 6–23–21; 8:45 am] 

BILLING CODE 3510–DS–P 


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