Notice2023-28692
Silicon Metal From Malaysia: Final Results of Antidumping Duty Administrative Review; 2021-2022
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
December 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89661-89662]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <SUP>5</SUP>
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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:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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PMB Silicon Sdn. Bhd.................................... 0.00
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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]
BILLING CODE 3510-DS-P
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