Notice2021-17791
Silicon Metal From Malaysia: Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 158 (Thursday, August 19, 2021)</title>
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[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46677-46678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
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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 <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
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
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