Silicon Metal From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping (AD) order on silicon metal from Malaysia for the period of review (POR) August 1, 2023, through July 31, 2024. Commerce preliminarily finds that PMB Silicon Sdn. Bhd. (PMB Silicon) did not make sales of subject merchandise at prices below normal value (NV) during the POR. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5888-5890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02560]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-820]
Silicon Metal From Malaysia: Preliminary Results of Antidumping
Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping (AD) order on silicon metal
from Malaysia for the period of review (POR) August 1, 2023, through
July 31, 2024. Commerce preliminarily finds that PMB Silicon Sdn. Bhd.
(PMB Silicon) did not make sales of subject merchandise at prices below
normal value (NV) during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable February 10, 2026.
FOR FURTHER INFORMATION CONTACT: Braeden Lowe, 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) 482-9124.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2024, Commerce initiated an administrative review
of the antidumping duty order on silicon metal from Malaysia, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\1\ This review covers one producer/exporter of subject
merchandise (i.e., PMB Silicon).\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 77079 (September 20, 2024) (Initiation
Notice); see also Silicon Metal from Malaysia: Antidumping Duty
Order, 86 FR 46677 (August 19, 2021) (Order).
\2\ See Initiation Notice, 89 FR at 77081.
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On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days,\3\ and on July 1, 2025, Commerce
extended the time limit for completing the preliminary results of this
review until November 20, 2025.\4\ Due to the lapse in appropriations
and Federal Government shutdown, on November 14, 2025, Commerce tolled
all deadlines in administrative proceedings by 47 days.\5\
Additionally, due to a backlog of documents that were electronically
filed via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\6\ On
January 27, 2026, Commerce extended the time limit for completing the
preliminary results of this review by an additional
[[Page 5889]]
nine days.\7\ Accordingly, the deadline for these preliminary results
is now February 5, 2026. For a complete description of the events that
followed the initiation of the review, see the Preliminary Decision
Memorandum.\8\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 1,
2025.
\5\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\6\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
27, 2026.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Silicon Metal from Malaysia; 2023--2024,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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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="http://access.trade.gov">http://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>.
Scope of the Order
The product covered by the scope of this Order is silicon metal
from Malaysia. For a full 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 Act. We calculated export price in accordance with
section 772(a) of the Act. We calculated NV in accordance with section
773 of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 1, 2023, through
July 31, 2024:
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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
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties 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 the Federal Register, in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\9\ Pursuant to 19
CFR 351.309(c)(1)(ii), we have modified the deadline for interested
parties to submit case briefs to Commerce to no later than 21 days
after the date of the 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.\10\ 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.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\10\ 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).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ 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, U.S. Department of Commerce,
within 30 days after the date of publication of this notice. Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants, whether any participant is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing.\14\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date. All submissions, including case and
rebuttal briefs, as well as hearing requests, should be filed via
ACCESS.\15\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\14\ See 19 CFR 351.310(d).
\15\ See 19 CFR 351.303.
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Assessment Rates
Upon completion 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. If the respondent'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 examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). If the respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, or if an importer-specific assessment rate is zero
or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties. 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.\16\
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\16\ 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),\17\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\18\
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\17\ See Order, 86 FR at 46678.
\18\ 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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[[Page 5890]]
Commerce intends to issue assessment 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 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
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 review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for merchandise exported by a company not covered in this review, but
covered in a prior segment of the proceeding, the cash deposit rate
will be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not
a firm covered in this review or in the original LTFV 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; and (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.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 86 FR at 46678.
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Final Results of Review
Unless otherwise 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, no 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 the
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) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 4, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. 2026-02560 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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