[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74910-74912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20774]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-820]


Silicon Metal From Malaysia: Preliminary Results of Antidumping 
Duty Administrative Review, 2022-2023

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


[[Page 74911]]


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of silicon metal from Malaysia were not sold in 
the United States at less than normal value (NV) during the period of 
review (POR), August 1, 2022, through July 31, 2023. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable September 13, 2024.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2021, Commerce published in the Federal Register an 
antidumping duty order on silicon metal from Malaysia.\1\ On August 2, 
2023, we published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On October 18, 2023, 
based on a timely request for an administrative review, Commerce 
initiated an administrative review with respect to PMB Silicon Sdn. Bhd 
(PMB Silicon).\3\
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    \1\ See Silicon Metal from Malaysia: Antidumping Duty Order, 86 
FR 46677 (August 19, 2021) (Order).
    \2\ See Antidumping and Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation 
Notice).
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    On April 8, 2024, Commerce extended the deadline for completing the 
preliminary results of this review until August 30, 2024.\4\ On July 
22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\5\ The deadline for the preliminary results 
is now September 6, 2024. For a complete description of the events 
between the initiation of this review and these preliminary results, 
see the Preliminary Decision Memorandum.\6\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 8, 
2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Silicon Metal from Malaysia; 2022-2023,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise covered by the scope of this Order is silicon metal 
from Malaysia. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. for a 
complete list of topics discussed in the Preliminary Decision 
Memorandum see the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists during the period August 1, 
2022, through July 31, 2023:

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

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\7\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\8\
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    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \8\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\9\ Further, we 
request that interested parties limit their public executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    Upon issuance of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\11\ If PMB Silicon's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer-specific assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's

[[Page 74912]]

examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). We intend to instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is not zero or de minimis. Where either 
PMB Silicon's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c), or an importer-specific 
assessment rate is zero or de minimis in the final results of this 
review, we intend to instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties in accordance with 19 CFR 
351.106(c)(2). The final results of this review shall be the basis for 
the assessment of antidumping duties on entries of merchandise covered 
by this review and for future deposits of estimated duties, where 
applicable.\12\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by PMB 
Silicon for which PMB Silicon did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate those 
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 12.27 percent),\13\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\14\
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    \13\ See Order, 86 FR at 46678.
    \14\ For a full description of this practice, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue instructions to CBP no earlier than 35 
days after the publication date 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
this administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for PMB Silicon will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by producers 
or exporters not covered in this 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 in which they were reviewed; (3) if the exporter is 
not a firm covered in this review, or the original investigation, but 
the producer is, then the cash deposit rate will be the rate 
established for the most recently-completed segment of this proceeding 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will continue to be 12.27 percent, the 
all-others rate established in the LTFV investigation.\15\ The cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ See Order, 86 FR at 46678.
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Final Results of Review

    Unless extended, Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, not later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary 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 the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2024-20774 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P