Silicon Metal From Malaysia: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 74319 [2020-25635]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices Producer’s Address: Unit 105, 1626 –115 Avenue NE, Calgary, Alberta, Canada T3K 2E4 (H) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. (I) I understand that {NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce), upon request by the respective agency. (J) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification (attesting to the production and/or export of the imported merchandise identified above), and any supporting records provided by the exporter to the importer, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. (K) I understand that {NAME OF IMPORTING COMPANY} is required, upon request, to provide a copy of the exporter’s certification and any supporting records provided by the exporter to the importer, to CBP and/or Commerce. (L) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. (M) I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty order on diamond sawblades and parts thereof from the People’s Republic of China. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the requirement that the importer post applicable antidumping duty cash deposits (as appropriate) equal to the rates determined by Commerce; and (iii) the revocation of {NAME OF IMPORTING COMPANY}’s privilege to certify future imports of diamond sawblades from Canada as not manufactured using cores from China. (N) I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary VerDate Sep<11>2014 17:08 Nov 19, 2020 Jkt 253001 number and date of entry summary from that party. (O) This certification was completed at or prior to the date of entry summary. (P) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE [FR Doc. 2020–25682 Filed 11–19–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–820] Silicon Metal From Malaysia: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable November 20, 2020. FOR FURTHER INFORMATION CONTACT: Genevieve Coen at (202) 482–3251, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 20, 2020, the Department of Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of silicon metal from Malaysia.1 Currently, the preliminary determination is due no later than December 7, 2020. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days of the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the 1 See Silicon Metal from Bosnia and Herzegovina, Iceland, and Malaysia: Initiation of Less-Than-FairValue Investigations, 85 FR 45177 (July 27, 2020). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 74319 investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On October 29, 2020, Globe Specialty Metals, Inc. and Mississippi Silicon LLC (the petitioners) submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.2 The petitioners stated that the postponement request is due to the need for additional time to issue supplemental questionnaires, and to provide time to review and comment upon those responses prior to the preliminary determination. Under the current timeline, the petitioner believes that Commerce will not have complete responses or sufficient information to issue the preliminary determination.3 For the reasons stated above, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than January 26, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination in this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: November 16, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–25635 Filed 11–19–20; 8:45 am] BILLING CODE 3510–DS–P 2 See Petitioners’ Letter, ‘‘Silicon Metal from the Republic of Malaysia: Petitioners’ Request to Postpone Preliminary Antidumping Duty Determination,’’ dated October 29, 2020. 3 Id. E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Page 74319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-820]


Silicon Metal From Malaysia: Postponement of Preliminary 
Determination in the Less-Than-Fair-Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable November 20, 2020.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen at (202) 482-3251, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On July 20, 2020, the Department of Commerce (Commerce) initiated a 
less-than-fair-value (LTFV) investigation of silicon metal from 
Malaysia.\1\ Currently, the preliminary determination is due no later 
than December 7, 2020.
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    \1\ See Silicon Metal from Bosnia and Herzegovina, Iceland, and 
Malaysia: Initiation of Less-Than-Fair-Value Investigations, 85 FR 
45177 (July 27, 2020).
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Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days of the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On October 29, 2020, Globe Specialty Metals, Inc. and Mississippi 
Silicon LLC (the petitioners) submitted a timely request that Commerce 
postpone the preliminary determination in this LTFV investigation.\2\ 
The petitioners stated that the postponement request is due to the need 
for additional time to issue supplemental questionnaires, and to 
provide time to review and comment upon those responses prior to the 
preliminary determination. Under the current timeline, the petitioner 
believes that Commerce will not have complete responses or sufficient 
information to issue the preliminary determination.\3\
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    \2\ See Petitioners' Letter, ``Silicon Metal from the Republic 
of Malaysia: Petitioners' Request to Postpone Preliminary 
Antidumping Duty Determination,'' dated October 29, 2020.
    \3\ Id.
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    For the reasons stated above, and because there are no compelling 
reasons to deny the request, Commerce, in accordance with section 
733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the 
deadline for the preliminary determination by 50 days (i.e., 190 days 
after the date on which this investigation was initiated). As a result, 
Commerce will issue its preliminary determination no later than January 
26, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 
351.210(b)(1), the deadline for the final determination in this 
investigation will continue to be 75 days after the date of the 
preliminary determination, unless postponed at a later date.

Notification to Interested Parties

    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-25635 Filed 11-19-20; 8:45 am]
BILLING CODE 3510-DS-P
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