46678 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 

2See ITC Letter, Notification of ITC Final 

Determination in Investigation No. 731–TA–1526 

(Final), dated August 9, 2021. 

3 Id. 

4See Silicon Metal from Malaysia: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Postponement of Final Determination, 

and Extension of Provisional Measures, 85 FR 

73676 (February 1, 2021) (Preliminary 

Determination). 5See Preliminary Determination. 

735(b)(1)(A)(i) of the Act by reason of 

LTFV imports of silicon metal from 

Malaysia.2

Scope of the Order 

The product covered by this order is 

silicon metal from Malaysia. For a 

complete description of the scope of the 

order, see the appendix to this notice. 

Antidumping Duty Order 

On August 9, 2021, in accordance 

with section 735(d) of the Act, the ITC 

notified Commerce of its final 

determination in this investigation, in 

which it found that an industry in the 

United States is materially injured 

within the meaning of section 

735(b)(1)(A)(i) of the Act by reason of 

imports of silicon metal from Malaysia.3

Therefore, in accordance with section 

735(c)(2) of the Act, Commerce is 

issuing this antidumping duty order. 

Because the ITC determined that 

imports of silicon metal from Malaysia 

are materially injuring a U.S. industry, 

unliquidated entries of such 

merchandise from Malaysia, entered or 

withdrawn from warehouse for 

consumption, are subject to the 

assessment of antidumping duties. 

Therefore, in accordance with section 

736(a)(1) of the Act, Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise, for all 

relevant entries of silicon metal from 

Malaysia. With the exception of entries 

occurring after the expiration of the 

provisional measures period and before 

publication of the ITC’s final affirmative 

injury determination, as further 

described below, antidumping duties 

will be assessed on unliquidated entries 

of silicon metal from Malaysia entered, 

or withdrawn from warehouse, for 

consumption, on or after February 1, 

2021, the date of publication of the 

Preliminary Determination.4

Continuation of Suspension of 

Liquidation 

Except as noted in the ‘‘Provisional 

Measures’’ section of this notice, in 

accordance with section 736 of the Act, 

Commerce intends to instruct CBP to 

continue to suspend liquidation on all 

relevant entries of silicon metal from 

Malaysia. These instructions 

suspending liquidation will remain in 

effect until further notice. 

Commerce also intends to instruct 

CBP to require cash deposits equal to 

the estimated weighted-average 

dumping margins indicated in the table 

below. Accordingly, effective on the 

date of publication in the Federal 

Register of the notice of the ITC’s final 

affirmative injury determination, CBP 

will require, at the same time as 

importers would normally deposit 

estimated duties on subject 

merchandise, a cash deposit equal to the 

rates listed below. The relevant allothers rate applies to all producers or 

exporters not specifically listed. 

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 

request that Commerce extend the fourmonth period to no more than six 

months. At the request of exporters that 

account for a significant proportion of 

silicon metal from Malaysia, Commerce 

extended the four-month period to six 

months in this investigation. Commerce 

published the preliminary 

determination in this investigation on 

February 1, 2021.5

The extended provisional measures 

period, beginning on the date of 

publication of the Preliminary 

Determination, ended on July 31, 2021. 

Therefore, in accordance with section 

733(d) of the Act, Commerce intends to 

instruct CBP to terminate the 

suspension of liquidation and to 

liquidate, without regard to 

antidumping duties, unliquidated 

entries of silicon metal from Malaysia 

entered, or withdrawn from warehouse, 

for consumption after July 30, 2021, the 

final day on which the provisional 

measures were in effect, until and 

through the day preceding the date of 

publication of the ITC’s final affirmative 

injury determinations in the Federal 

Register. Suspension of liquidation and 

the collection of cash deposits will 

resume on the date of publication of the 

ITC’s final determination in the Federal 

Register. 

Estimated Weighted-Average Dumping 

Margins 

The estimated weighted-average 

dumping margins are as follows: 

Malaysia: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

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

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

Notification to Interested Parties 

This notice constitutes the 

antidumping duty order with respect to 

silicon metal from Malaysia pursuant to 

section 736(a) of the Act. Interested 

parties can find a list of antidumping 

duty orders currently in effect at http:// 

enforcement.trade.gov/stats/ 

iastats1.html. 

This antidumping duty order is 

published in accordance with section 

736(a) of the Act and 19 CFR 351.211(b). 

Dated: August 13, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Order 

The scope of this order 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 order. 

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. 

[FR Doc. 2021–17791 Filed 8–18–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–979] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Notice of Court Decision Not 

in Harmony With Final Results of 

Antidumping Duty Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 46679 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, From the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review and 

Final Determination of No Shipments; 2015–2016, 

83 FR 35616 (July 27, 2018) (Final Results). 

2 In the Final Results, Commerce treated the 

following seven companies as a single entity: 

Changzhou Trina Solar Energy Co., Ltd./Trina Solar 

(Changzhou) Science and Technology Co., Ltd./ 

Yancheng Trina Solar Energy Technology Co., Ltd./ 

Changzhou Trina Solar Yabang Energy Co., Ltd./ 

Turpan Trina Solar Energy Co., Ltd./Hubei Trina 

Solar Energy Co., Ltd./Trina Solar (Hefei) Science 

and Technology Co., Ltd (collectively, Trina). 

3See Changzhou Trina Solar Energy Co., Ltd. et 

al., 450 F. Supp. 3d 1301 (CIT 2020). 

4 Id. 

5See Final Results of Remand Redetermination, 

Changzhou Trina Solar Energy Co., Ltd., et al. v. 

United States, Court No. 18–00176, Slip Op. 20–64 

(Court of International Trade May 13, 2020) (August 

6, 2020). 

6See Changzhou Trina Solar Energy Co. v. United 

States, 492 F. Supp. 3d 1322 (CIT 2021). 

7See Final Results of Remand Redetermination 

Pursuant to Court Remand, Changzhou Trina Solar 

Energy Co., Ltd. et al., v. United States Court No. 

18–00176, Slip Op. 21–2 (CIT January 4, 2021) 

(April 5, 2021). 

8See Changzhou Trina Solar Energy Co., Ltd. et 

al. v. United States, Consol. Court No. 18–00176, 

Slip. Op. 21–98 (CIT August 10, 2021). 

9See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

10See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

SUMMARY: On August 10, 2021, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Changzhou 

Trina Solar Energy Co., Ltd. et al. v. 

United States, Consol. Court No. 18– 

00176, sustaining the Department of 

Commerce’s (Commerce) second 

remand redetermination pertaining to 

the 2015–2016 antidumping duty (AD) 

administrative review of crystalline 

silicon photovoltaic cells, whether or 

not assembled into modules (solar 

cells), from the People’s Republic of 

China (China). Commerce is notifying 

the public that the CIT’s final judgment 

in this litigation is not in harmony with 

the final results reached by Commerce 

in the 2015–2016 AD administrative 

review of solar cells from China, and 

that Commerce is amending the final 

results of that review with respect to the 

dumping margin calculated for Trina 

and certain separate rate respondents. 

DATES: Applicable August 20, 2021. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pedersen, AD/CVD Operations, Office 

IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2769. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 27, 2018, Commerce 

published the Final Results of its 2015– 

2016 AD administrative review of solar 

cells from China.1 Trina 2 appealed 

Commerce’s Final Results. On May 13, 

2020, the CIT remanded to Commerce 

for further explanation or 

reconsideration its decision to use 

Maersk Line (Maersk) data, rather than 

Xeneta XS (Xeneta) data, to value ocean 

freight expenses.3 The CIT also held that 

Commerce’s decision to not adjust 

Trina’s U.S. prices to account for 

countervailing duties related to the 

Export Buyer’s Credit Program (EBCP) 

was contrary to law.4

In its first remand redetermination, 

Commerce continued to value Trina’s 

ocean freight expenses using Maersk 

data, rather than Xeneta data; however, 

under protest, Commerce increased 

Trina’s U.S. prices by the amount of 

countervailing duty imposed to offset 

the export subsidy provided by the ExIm Bank of China’s EBCP.5 In its second 

remand order, the CIT again directed 

Commerce to reconsider or further 

explain its valuation of ocean freight 

expenses, but it sustained Commerce’s 

adjustment of Trina’s U.S. prices to 

account for the Ex-Im Bank of China’s 

EBCP.6

In its second remand redetermination, 

Commerce valued Trina’s ocean freight 

expenses using Xeneta data, 

recalculated Trina’s dumping margin 

based on this change, and assigned 

Trina’s recalculated dumping margin to 

the separate rate respondents which 

participated in the litigation that led to 

the remand redetermination.7 On 

August 10, 2021, the CIT sustained 

Commerce’s second remand 

redetermination.8

Timken Notice 

In its decision in Timken,9 as clarified 

by Diamond Sawblades,10 the United 

States Court of Appeals for the Federal 

Circuit held that, pursuant to section 

516A(c) and (e) of the Tariff Act of 1930, 

as amended (the Act), Commerce must 

publish a notice of a court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

August 10, 2021, judgment constitutes a 

final court decision that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results. The amended weightedaverage dumping margin for the 

respondents which participated in the 

litigation is as follows: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Changzhou Trina Solar Energy 

Co., Ltd./Trina Solar 

(Changzhou) Science and 

Technology Co., Ltd./ 

Yancheng Trina Solar Energy 

Technology Co., Ltd./ 

Changzhou Trina Solar 

Yabang Energy Co., Ltd./ 

Turpan Trina Solar Energy 

Co., Ltd./Hubei Trina Solar 

Energy Co., Ltd./Trina Solar 

(Hefei) Science and Technology Co., Ltd ........................ 5.08 

JingAo Solar Co., Ltd ................. 5.08 

JA Solar Technology Yangzhou 

Co., Ltd ................................... 5.08 

Shanghai JA Solar Technology 

Co., Ltd ................................... 5.08 

Cash Deposit Requirements 

Because the cash deposit rates for all 

of the companies listed above have a 

superseded by subsequent cash deposit 

rates (i.e., cash deposit rates have been 

established for these companies in 

subsequent final results of reviews), this 

notice does not affect the current cash 

deposit rates of these companies. 

Accordingly, we will not issue revised 

cash deposit instructions to U.S. 

Customs and Border Protection (CBP) 

for these companies. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries of subject merchandise that was 

exported by any of the companies listed 

above and that was entered into the 

United States, or withdrawn from 

warehouse, for consumption during the 

period December 1, 2015, through 

November 30, 2016. These entries will 

remain enjoined pursuant to the terms 

of the injunction during the pendency of 

any appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise exported by the companies 

listed above in accordance with 19 CFR 

351.212(b). We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by the 

review when the importer-specific ad 

valorem assessment rate is not zero or 

de minimis. Where an importer-specific 

ad valorem assessment rate is zero or de 


lotter on DSK11XQN23PROD with NOTICES1
46680 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 

11See 19 CFR 351.106(c)(2). 

minimis,11 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e), 751(a)(1), and 777(i)(1) of the Act. 

Dated: August 13, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–17792 Filed 8–18–21; 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; Application and Reports for 

Scientific Research and Enhancement 

Permits Under the Endangered 

Species Act 

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 April 21, 

2021 (86 FR 20661) during a 60-day 

comment period. This notice allows for 

an additional 30 days for public 

comments. 

Agency: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

Title: Application and Reports for 

Scientific Research and Enhancement 

Permits Under the Endangered Species 

Act. 

OMB Control Number: 0648–0402. 

Form Number(s): None. 

Type of Request: Regular submission 

(revision and extension of a currently 

approved collection). 

Number of Respondents: 175 per year. 

Average Hours per Response: 12 

hours for permit applications; six hours 

for permit modification requests 6; two 

hours for annual reports. 

Total Annual Burden Hours: 810. 

Needs and Uses: This request is for 

revision and extension of a currently 

approved information collection. 

The Endangered Species Act of 1973 

(ESA; 16 U.S.C. 1531 et seq.) imposed 

prohibitions against the taking of 

endangered species. Section 10 of the 

ESA allows permits authorizing the 

taking of endangered species for 

research/enhancement purposes. The 

corresponding regulations established 

procedures for persons to apply for such 

permits. In addition, the regulations set 

forth specific reporting requirements for 

such permit holders. The regulations 

contain two sets of information 

collections: (1) Applications for 

research/enhancement permits, and (2) 

reporting requirements for issued 

permits. 

The required information is used to 

evaluate the impacts of the proposed 

activity on endangered species, to make 

the determinations required by the ESA 

prior to issuing a permit, and to 

establish appropriate permit conditions. 

To issue permits under ESA Section 

10(a)(1)(A), the National Marine 

Fisheries Service (NMFS) must 

determine that (1) such exceptions were 

applied for in good faith, (2) if granted 

and exercised, will not operate to the 

disadvantage of such endangered 

species, and (3) will be consistent with 

the purposes and policy set forth in 

Section 2 of the ESA. 

The currently approved application 

and reporting requirements apply to 

Pacific marine and anadromous fish 

species, as requirements regarding other 

species are being addressed in a 

separate information collection. There is 

one administrative revision requested to 

the collection itself: NMFS will no 

longer require ‘‘final’’ permit reports; 

the reports will simply be considered 

annual reports that are submitted at the 

end of a permit’s life span. 

Affected Public: Federal government; 

State, local, or tribal governments; 

business or other for-profit 

organizations, educational institutions. 

Frequency: Annually. 

Respondent’s Obligation: Required to 

Obtain or Retain Benefits. 

Legal Authority: The Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.). 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0648–0402. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2021–17802 Filed 8–18–21; 8:45 am] 

BILLING CODE 3510–22–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; Recreational Angler Survey 

of Sea Turtle Interactions 

AGENCY: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites 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. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before October 18, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

Adrienne Thomas, NOAA PRA Officer, 

at Adrienne.thomas@noaa.gov. Please 

reference OMB Control Number 0648– 

0774 in the subject line of your 

comments. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Wendy 

Piniak, Biologist, NOAA National 

Marine Fisheries Service, Office of 

Protected Resources, 1315 East-West 

Highway, Silver Spring, Maryland 


lotter on DSK11XQN23PROD with NOTICES1