Notice2024-20774
Silicon Metal From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2022-2023
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
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74910-74912]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20774]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.212(b)(1).
\12\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\15\ See Order, 86 FR at 46678.
---------------------------------------------------------------------------
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
</pre></body>
</html>Indexed from Federal Register on September 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.