[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89661-89662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28692]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-820]


Silicon Metal From Malaysia: Final Results of Antidumping Duty 
Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
silicon metal from Malaysia was not sold in the United States at less 
than normal value during the period of review (POR), February 1, 2021, 
through July 31, 2022.

DATES: Applicable December 28, 2023.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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) 482-1110.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review covers one producer/exporter of silicon 
metal from Malaysia, PMB Silicon Sdn. Bhd (PMB Silicon).\1\ On 
September 12, 2023, Commerce published the Preliminary Results of this 
administrative review and invited parties to comment.\2\ No interested 
party submitted comments on the Preliminary Results.\3\ Accordingly, 
the final results remain unchanged from the Preliminary Results.\4\ 
Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 71829 (October 18, 2022).
    \2\ See Silicon Metal from Malaysia: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022, 88 FR 62537 
(September 12, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \3\ We received comments from Globe Specialty Metals, Inc. and 
Mississippi Silicon LLC (collectively, the petitioners), requesting 
that Commerce refer certain record information to U.S. Customs and 
Border Protection (CBP) for further evaluation. Because these 
comments do not concern the Preliminary Results, we do not find it 
necessary to address the petitioners' request in a decision 
memorandum; we do, however, intend to refer the information to CBP 
with these final results, consistent with the request. See 
Petitioners' Letter, ``Case Brief,'' dated December 6, 2023.
    \4\ For a complete description of our analysis, see the 
Preliminary Results.
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Scope of the Order 5
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    \5\ See Silicon Metal from Malaysia: Antidumping Duty Order, 86 
FR 46677 (August 19, 2021) (Order).
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    The merchandise under review is 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 
review.
    Silicon metal is currently classifiable under subheadings 
2804.69.1000 and 2804.69.5000 of the HTSUS. Although the HTSUS numbers 
are provided for convenience and customs purposes, the written 
description of the merchandise under review is dispositive.

Final Results of Review

    Commerce determines that the following estimated weighted-average 
dumping margin exists for the period February 1, 2021, through July 31, 
2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
PMB Silicon Sdn. Bhd....................................            0.00
------------------------------------------------------------------------

Disclosure

    Because Commerce received no comments on the Preliminary Results, 
we have not modified our analysis and no decision memorandum 
accompanies this Federal Register notice. We are adopting the 
Preliminary Results as the final results of this review. Consequently, 
there are no new calculations to disclose in accordance with 19 CFR 
351.224(b) for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and CBP shall assess, 
antidumping duties on all appropriate entries covered by this review. 
Where the respondent's weighted-average dumping margin is either zero 
or de minimis (i.e., less than 0.5 percent), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
Accordingly, because PMB Silicon's weighted-average dumping margin is 
zero percent, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by PMB 
Silicon for which it did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\6\
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    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to instruct CBP to take into account the ``provisional 
measures deposit cap,'' in accordance with 19 CFR 351.212(d). Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the final results of this review in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

[[Page 89662]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for PMB Silicon will 
be the rates established in the final results of this administrative 
review; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 12.27 percent, the all-others rate established in the 
LTFV investigation.\7\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \7\ See Silicon Metal from Malaysia: Final Affirmative 
Determination of Sales at Less Than Fair Value, 88 FR 33224 (June 
24, 2021).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of duties occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(2).

    Dated: December 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-28692 Filed 12-27-23; 8:45 am]
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