Silicon Metal From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 7701-7703 [2021-02080]

Download as PDF Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices other party requested an administrative review of these parties. Partial Rescission of the 2019–2020 Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The aforementioned withdrawal request was timely submitted and no other interested party requested an administrative review of Rummo and Pasta Castiglioni. Therefore, in accordance with 19 CFR 351.213(d)(1), and consistent with our practice,4 we are rescinding this review of the antidumping duty order on certain pasta from Italy, in part, with respect to Rummo and Pasta Castiglioni. The review will continue with respect to the following companies: Agritalia, Armonie D’Italia, F. Divella, Ghigi/ Zara,5 La Molisana, Pasta Liguori, Pastificio C.A.M.S., Pastificio Della Forma, and Fratelli De Luca. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, Rummo and Pasta Castiglioni, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period July 1, 2019, through June 30, 2020, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register. 4 See, e.g., Certain Lined Paper Products from India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 2009). 5 Though Commerce initiated a review of Pasta Zara, because we have collapsed Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara (collectively Ghigi/Zara) since the 2015–2016 administrative review, both Ghigi and Pasta Zara continue to be subject to the review. See Certain Pasta from Italy: Final Results of Antidumping Duty Administrative Review; 2017– 2018, 85 FR 2714 (January 16, 2020); see also Certain Pasta from Italy: Final Results of Antidumping Duty Administrative Review; 2016– 2017, 83 FR 63627 (December 11, 2018); and Certain Pasta from Italy: Final Results of Antidumping Duty Administrative Review; 2015– 2016, 82 FR 57428 (December 5, 2017). VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under an 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 terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: January 26, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–02039 Filed 1–29–21; 8:45 am] BILLING CODE 3510–DS–P 7701 through March 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES: Effective February 1, 2021. FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482–3251. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 27, 2020.1 On November 20, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 26, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. DEPARTMENT OF COMMERCE Scope of the Investigation International Trade Administration The product covered by this investigation is silicon metal from Malaysia. For a complete description of the scope of this investigation, see Appendix I. [A–557–820] Silicon Metal From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that silicon metal from Malaysia is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is April 1, 2019, AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 1 See Silicon Metal from Bosnia and Herzegovina, Iceland, and Malaysia: Initiation of Less-Than-FairValue Investigations, 85 FR 45177 (July 27, 2020) (Initiation Notice). 2 See Silicon Metal from Malaysia: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation, 85 FR 74319 (November 20, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Silicon Metal from Malaysia’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\01FEN1.SGM 01FEN1 7702 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is preliminarily not modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for PMB Silicon Sdn. Bhd. (PMB Silicon), the only individually-examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for PMB Silicon is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 Public Comment Case briefs or other written comments Exporter/producer may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written PMB Silicon Sdn. Bhd .......... 7.21 comments will be notified to interested All Others .............................. 7.21 parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, Suspension of Liquidation may be submitted no later than seven days after the deadline date for case In accordance with section 733(d)(2) briefs.6 Note that Commerce has of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to temporarily modified certain of its suspend liquidation of entries of subject requirements for serving documents merchandise, as described in Appendix containing business proprietary information, until further notice.7 I, entered, or withdrawn from Pursuant to 19 CFR 351.309(c)(2) and warehouse, for consumption on or after (d)(2), parties who submit case briefs or the date of publication of this notice in rebuttal briefs in this investigation are the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 encouraged to submit with each CFR 351.205(d), Commerce will instruct argument: (1) A statement of the issue; (2) a brief summary of the argument; CBP to require a cash deposit equal to and (3) a table of authorities. the estimated weighted-average Pursuant to 19 CFR 351.310(c), dumping margin or the estimated allinterested parties who wish to request a others rate, as follows: (1) The cash hearing, limited to issues raised in the deposit rate for the respondent listed case and rebuttal briefs, must submit a above will be equal to the companywritten request to the Assistant specific estimated weighted-average Secretary for Enforcement and dumping margin determined in this Compliance, U.S. Department of preliminary determination; (2) if the Commerce, within 30 days after the date exporter is not a respondent identified above, but the producer is, then the cash of publication of this notice. Requests should contain the party’s name, deposit rate will be equal to the address, and telephone number, the company-specific estimated weightedaverage dumping margin established for number of participants, whether any participant is a foreign national, and a that producer of the subject list of the issues to be discussed. If a merchandise; and (3) the cash deposit request for a hearing is made, Commerce rate for all other producers and intends to hold the hearing at a time and exporters will be equal to the all-others date to be determined. Parties should estimated weighted-average dumping margin. These suspension of liquidation confirm by telephone the date, time, and location of the hearing two days before instructions will remain in effect until the scheduled date. further notice. Postponement of Final Determination Disclosure and Extension of Provisional Measures Commerce intends to disclose its Section 735(a)(2) of the Act provides calculations and analysis performed to that a final determination may be interested parties in this preliminary postponed until not later than 135 days determination within five days of any after the date of the publication of the public announcement or, if there is no preliminary determination if, in the public announcement, within five days event of an affirmative preliminary of the date of publication of this notice determination, a request for such in accordance with 19 CFR 351.224(b). postponement is made by exporters who account for a significant proportion of Verification exports of the subject merchandise, or in As provided in section 782(i)(1) of the the event of a negative preliminary Act, Commerce intends to verify the determination, a request for such information relied upon in making its postponement is made by the petitioner. final determination. Commerce is Section 351.210(e)(2) of Commerce’s currently unable to conduct on-site regulations requires that a request by verification of the information relied upon in making its final determination 6 See 19 CFR 351.309; see also 19 CFR 351.303 in this investigation. Accordingly, we (for general filing requirements). 7 See Temporary Rule Modifying AD/CVD Service intend to take additional steps in lieu of Requirements Due to COVID–19, 85 FR 17006 on-site verification. Commerce will (March 26, 2020); and Temporary Rule Modifying notify interested parties of any AD/CVD Service Requirements Due to COVID–19; additional documentation or Extension of Effective Period, 85 FR 41363 (July 10, information required. 2020). PO 00000 Estimated weightedaverage dumping margin (percent) Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On November 3, 2020, pursuant to 19 CFR 351.210(e), PMB Silicon requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.8 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: January 26, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation covers 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) 8 See PMB Silicon’s Letter, ‘‘Silicon Metal from Malaysia; Request to Extend Final Determination,’’ dated November 3, 2020. VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 subheading 2804.61.0000) is excluded from the scope of this investigation. Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2021–02080 Filed 1–29–21; 8:45 am] BILLING CODE 3510–DS–P 7703 SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on December 11, 2020, Commerce published its affirmative final determinations in the less-thanfair-value (LTFV) investigations of PC strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, Turkey, and the UAE.1 On January 25, 2021, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of PC strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, Turkey, and the UAE.2 Scope of the Orders The merchandise covered by these orders is PC strand. For a complete International Trade Administration description of the scope of the orders, [A–357–822, A–301–804, A–729–804, A–421– see the appendix to this notice. DEPARTMENT OF COMMERCE 814, A–517–806, A–583–868, A–489–842, A– 520–809] Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic of Turkey, and the United Arab Emirates: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on prestressed concrete steel wire strand (PC strand) from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic of Turkey (Turkey), and the United Arab Emirates (UAE). DATES: Applicable February 1, 2021. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta at (202) 482–2593 (Argentina), Hermes Pinilla at (202) 482–3477 (Colombia), David Crespo at (202) 482–3693 (Egypt), Bryan Hansen at (202) 482–3683 (the Netherlands), Drew Jackson at (202) 482–4406 (Saudi Arabia), Joy Zhang at (202) 482–1168 (Taiwan), David Goldberger at (202) 482–4136 (Turkey), and Charles Doss at (202) 482–4474 (UAE); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Antidumping Duty Orders On January 25, 2021, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determinations that an industry in the United States is materially injured by reason of imports of PC strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, Turkey, and the UAE.3 Therefore, Commerce is issuing these antidumping duty orders in accordance with sections 735(c)(2) and 736 of the Act. Because the ITC determined that imports of PC strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, Turkey, and the UAE are materially injuring a U.S. industry, unliquidated entries of such merchandise from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, Turkey, and the UAE, which are entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border 1 See Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic of Turkey, and the United Arab Emirates: Final Affirmative Determinations of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determinations, in Part, 85 FR 80001 (December 11, 2020) (Final Determinations). 2 See ITC’s Letter Re: Notification of ITC Final Determinations, dated January 25, 2021 (ITC Notification Letter). 3 See ITC Notification Letter. E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7701-7703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-820]


Silicon Metal From Malaysia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that silicon metal from Malaysia is being, or is likely to be, sold in 
the United States at less than fair value. The period of investigation 
is April 1, 2019, through March 31, 2020. Interested parties are 
invited to comment on this preliminary determination.

DATES: Effective February 1, 2021.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482-3251.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 27, 
2020.\1\ On November 20, 2020, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 26, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Silicon Metal from Bosnia and Herzegovina, Iceland, and 
Malaysia: Initiation of Less-Than-Fair-Value Investigations, 85 FR 
45177 (July 27, 2020) (Initiation Notice).
    \2\ See Silicon Metal from Malaysia: Postponement of Preliminary 
Determination in the Less-Than-Fair-Value Investigation, 85 FR 74319 
(November 20, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Silicon 
Metal from Malaysia'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is silicon metal from 
Malaysia. For a complete description of the scope of this 
investigation, see Appendix I.

[[Page 7702]]

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce is preliminarily not modifying the 
scope language as it appeared in the Initiation Notice. See the scope 
in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act. Commerce calculated an individual estimated 
weighted-average dumping margin for PMB Silicon Sdn. Bhd. (PMB 
Silicon), the only individually-examined exporter/producer in this 
investigation. Because the only individually calculated dumping margin 
is not zero, de minimis, or based entirely on facts otherwise 
available, the estimated weighted-average dumping margin calculated for 
PMB Silicon is the margin assigned to all other producers and 
exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
PMB Silicon Sdn. Bhd....................................            7.21
All Others..............................................            7.21
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondent listed above will be equal 
to the company-specific estimated weighted-average dumping margin 
determined in this preliminary determination; (2) if the exporter is 
not a respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
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).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Commerce is currently unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments will be notified to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline date for case briefs.\6\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\7\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, 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 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by

[[Page 7703]]

exporters for postponement of the final determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    On November 3, 2020, pursuant to 19 CFR 351.210(e), PMB Silicon 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\8\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \8\ See PMB Silicon's Letter, ``Silicon Metal from Malaysia; 
Request to Extend Final Determination,'' dated November 3, 2020.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers 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 investigation.
    Silicon metal is currently classifiable under subheadings 
2804.69.1000 and 2804.69.5000 of the HTSUS. While the HTSUS numbers 
are provided for convenience and customs purposes, the written 
description of the scope remains dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-02080 Filed 1-29-21; 8:45 am]
BILLING CODE 3510-DS-P