Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 46677 

1See Certain Magnesia Carbon Bricks from 

Mexico and the People’s Republic of China: 

Antidumping Duty Orders, 75 FR 57257 (September 

20, 2010); see also Certain Magnesia Carbon Bricks 

from the People’s Republic of China: Countervailing 

Duty Order, 75 FR 57442 (September 20, 2010) 

(collectively, Orders). 

2See Initiation of Five-Year (Sunset) Review, 86 

FR 60 (January 4, 2021). 

3See Certain Magnesia Carbon Bricks from 

Mexico and the People’s Republic of China: Final 

Results of the Expedited Second Sunset Reviews of 

the Antidumping Duty Orders, 86 FR 24847 (May 

10, 2021). 

4See Certain Magnesia Carbon Bricks from China 

and Mexico, Invs. 701–TA–468 and 731–TA–1166– 

1167 (Second Review), USITC Publication 5223 

(August 3, 2021). 

1See Silicon Metal from Malaysia: Final 

Affirmative Determination of Sales at Less Than 

Fair Value, 86 FR 133224 (June 24, 2021) (Final 

Determination), and accompanying Issues and 

Decision Memorandum. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC) 

that revocation of the antidumping duty 

(AD) orders on certain magnesia carbon 

bricks (MCBs) from Mexico and the 

People’s Republic of China (China) and 

the countervailing duty (CVD) order on 

MCBs from China would be likely to 

lead to continuation or recurrence of 

dumping, net countervailable subsidies, 

and injury to an industry in the United 

States, Commerce is publishing a notice 

of continuation of these AD and CVD 

orders. 

DATES: Applicable August 19, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Alexander, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4313. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 20, 2010, Commerce 

published its AD and CVD orders on 

MCBs from China and Mexico.1 On 

January 4, 2021, Commerce published 

the notice of initiation of the second 

sunset review of the Orders, pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act).2 As a result of its 

review, Commerce determined that 

revocation of the AD orders would 

likely lead to a continuation or 

recurrence of dumping and that 

revocation of the CVD order would 

likely lead to continuation or recurrence 

of countervailable subsidies. Commerce, 

therefore, notified the ITC of the 

magnitude of the margins and net 

countervailable subsidy rates likely to 

prevail should the AD and CVD orders 

be revoked.3

On August 3, 2021, the ITC published 

notice of its determination, pursuant to 

section 751(c) of the Act, that revocation 

of the AD and CVD orders on MCBs 

from Mexico and China would likely 

lead to a continuation or recurrence of 

material injury to an industry in the 

United States within a reasonably 

foreseeable time.4

Scope of the Orders 

The scope of these Orders includes 

certain chemically bonded (resin or 

pitch), magnesia carbon bricks with a 

magnesia component of at least 70 

percent magnesia (MgO) by weight, 

regardless of the source of raw materials 

for the MgO, with carbon levels ranging 

from trace amounts to 30 percent by 

weight, regardless of enhancements (for 

example, magnesia carbon bricks can be 

enhanced with coating, grinding, tar 

impregnation or coking, high 

temperature heat treatments, anti-slip 

treatments or metal casing) and 

regardless of whether or not 

antioxidants are present (for example, 

antioxidants can be added to the mix 

from trace amounts to 15 percent by 

weight as various metals, metal alloys, 

and metal carbides). 

Certain magnesia carbon bricks that 

are the subject of these Orders are 

currently classifiable under subheadings 

6902.10.1000, 6902.10.5000, 

6815.91.0000, 6815.99.2000 and 

6815.99.4000 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

While HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description is dispositive. 

Continuation of the Orders 

As a result of the determinations by 

Commerce and the ITC that revocation 

of the AD and CVD orders would likely 

lead to a continuation or recurrence of 

dumping and countervailable subsidies 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act and 19 CFR 

351.218(a), Commerce hereby orders the 

continuation of the Orders. U.S. 

Customs and Border Protection will 

continue to collect AD and CVD duty 

cash deposits at the rates in effect at the 

time of entry for all imports of subject 

merchandise. The effective date of the 

continuation of the Orders will be the 

date of publication in the Federal 

Register of this notice of continuation. 

Pursuant to section 751(c)(2) of the Act, 

Commerce intends to initiate the next 

five-year review of the Orders not later 

than 30 days prior to the fifth 

anniversary of the effective date of 

continuation. 

Administrative Protective Order 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

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

Failure to comply is a violation of the 

APO which may be subject to sanctions. 

Notification to Interested Parties 

These five-year sunset reviews and 

this notice are in accordance with 

section 751(c) and 751(d)(2) of the Act 

and published pursuant to section 

777(i)(1) of the Act and 19 CFR 

351.218(f)(4). 

Dated: August 13, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–17790 Filed 8–18–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–820] 

Silicon Metal From Malaysia: 

Antidumping Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing an antidumping 

duty order on silicon metal from 

Malaysia. 

DATES: Applicable August 19, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Coen, AD/CVD Operations, 

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 June 24, 2021, Commerce 

published its affirmative final 

determination in the less-than-fair-value 

(LTFV) investigation of silicon metal 

from Malaysia.1 On August 9, 2021, the 

ITC notified Commerce of its final 

determination, pursuant to section 

735(d) of the Tariff Act of 1930, as 

amended (the Act), that an industry in 

the United States is materially injured 

within the meaning of section 


lotter on DSK11XQN23PROD with NOTICES1
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. 


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