[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Page 74319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-820]


Silicon Metal From Malaysia: Postponement of Preliminary 
Determination in the Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable November 20, 2020.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen at (202) 482-3251, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On July 20, 2020, the Department of Commerce (Commerce) initiated a 
less-than-fair-value (LTFV) investigation of silicon metal from 
Malaysia.\1\ Currently, the preliminary determination is due no later 
than December 7, 2020.
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    \1\ See Silicon Metal from Bosnia and Herzegovina, Iceland, and 
Malaysia: Initiation of Less-Than-Fair-Value Investigations, 85 FR 
45177 (July 27, 2020).
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Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days of the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On October 29, 2020, Globe Specialty Metals, Inc. and Mississippi 
Silicon LLC (the petitioners) submitted a timely request that Commerce 
postpone the preliminary determination in this LTFV investigation.\2\ 
The petitioners stated that the postponement request is due to the need 
for additional time to issue supplemental questionnaires, and to 
provide time to review and comment upon those responses prior to the 
preliminary determination. Under the current timeline, the petitioner 
believes that Commerce will not have complete responses or sufficient 
information to issue the preliminary determination.\3\
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    \2\ See Petitioners' Letter, ``Silicon Metal from the Republic 
of Malaysia: Petitioners' Request to Postpone Preliminary 
Antidumping Duty Determination,'' dated October 29, 2020.
    \3\ Id.
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    For the reasons stated above, and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the 
deadline for the preliminary determination by 50 days (i.e., 190 days 
after the date on which this investigation was initiated). As a result, 
Commerce will issue its preliminary determination no later than January 
26, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 
351.210(b)(1), the deadline for the final determination in this 
investigation will continue to be 75 days after the date of the 
preliminary determination, unless postponed at a later date.

Notification to Interested Parties

    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-25635 Filed 11-19-20; 8:45 am]
BILLING CODE 3510-DS-P