[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46677-46678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17791]


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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

[[Page 46678]]

735(b)(1)(A)(i) of the Act by reason of LTFV imports of silicon metal 
from Malaysia.\2\
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    \1\ See 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.
    \2\ See ITC Letter, Notification of ITC Final Determination in 
Investigation No. 731-TA-1526 (Final), dated August 9, 2021.
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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.
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    \3\ Id.
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    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\
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    \4\ See 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).
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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 all-others 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 four-month 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\
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    \5\ See Preliminary Determination.
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    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:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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PMB Silicon Sdn. Bhd........................................       12.27
All Others..................................................       12.27
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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