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]
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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this review is rescinded, Rummo and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).
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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 https://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:
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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).
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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.
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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)
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Sfmt 4703
E:\FR\FM\01FEN1.SGM
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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.
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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:
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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.
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]]>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 https://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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation 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 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.
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\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
