Notice2025-03836
Silicon Metal From Malaysia: Final 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
March 11, 2025
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), August 1, 2022, through July 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 46 (Tuesday, March 11, 2025)</title>
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[Federal Register Volume 90, Number 46 (Tuesday, March 11, 2025)]
[Notices]
[Pages 11702-11703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03836]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-820]
Silicon Metal From Malaysia: Final Results of Antidumping Duty
Administrative Review; 2022-2023
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), August 1, 2022,
through July 31, 2023.
DATES: Applicable March 11, 2025.
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
On September 13, 2024, Commerce published in the Federal Register
the preliminary results of the 2022-2023 administrative review of the
antidumping duty order on silicon metal from Malaysia, and invited
interested parties to comment.\1\ Because no comments were submitted by
interested parties, we have adopted the Preliminary Results as the
final results of this review \2\ and no decision memorandum accompanies
this Federal Register notice. Commerce conducted this administrative
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Silicon Metal from Malaysia: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 74910
(September 13, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM); see also Silicon Metal from
Malaysia: Antidumping Duty Order, 86 FR 46677 (August 19, 2021)
(Order).
\2\ Although Commerce updated its analysis to incorporate the
revised database timely submitted by PMB Silicon Sdn Bhd (PMB
Silicon) in response to the supplemental questionnaire issued after
the Preliminary Results, the underlying rationale and resulting
weighted-average margin calculated for the company remain unchanged.
See PMB Silicon's Letter, ``Silicon Metal from Malaysia Supplemental
Response,'' dated October 1, 2024; see also Memorandum, ``Final
Analysis Memorandum for PMB Silicon Sdn. Bhn.,'' dated concurrently
with this notice (Analysis Memo).
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Scope of the Order
The merchandise covered by this Order is all forms and sizes of
silicon metal, including silicon metal powder. For a complete
description of the scope of the Order, see the Preliminary Results.\3\
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\3\ See Preliminary Results PDM.
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Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margin exists for the period August 1, 2022, through July 31,
2023:
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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
Although there is no change to the weighted-average dumping margin
calculated in the Preliminary Results for PMB Silicon, Commerce updated
its analysis for these final results to incorporate a revised database
submitted by PMB Silicon after the Preliminary Results.\4\ Commerce
intends to disclose the calculations performed for these final results
to parties in this proceeding within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
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\4\ See Analysis Memo.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (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.\5\
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\5\ 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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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).
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.\6\ These cash deposit requirements, when imposed,
[[Page 11703]]
shall remain in effect until further notice.
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\6\ See Order, 86 FR at 46678.
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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 antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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) of the Act, and 19 CFR 351.221(b)(5) and
19 CFR 351.213(h)(1).
Dated: March 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-03836 Filed 3-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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