Silicon Metal From Malaysia: Antidumping Duty Order, 46677-46678 [2021-17791]
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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders on certain magnesia carbon
bricks (MCBs) from Mexico and the
People’s Republic of China (China) and
the countervailing duty (CVD) order on
MCBs from China would be likely to
lead to continuation or recurrence of
dumping, net countervailable subsidies,
and injury to an industry in the United
States, Commerce is publishing a notice
of continuation of these AD and CVD
orders.
Applicable August 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4313.
SUPPLEMENTARY INFORMATION:
DATES:
Background
lotter on DSK11XQN23PROD with NOTICES1
On September 20, 2010, Commerce
published its AD and CVD orders on
MCBs from China and Mexico.1 On
January 4, 2021, Commerce published
the notice of initiation of the second
sunset review of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2 As a result of its
review, Commerce determined that
revocation of the AD orders would
likely lead to a continuation or
recurrence of dumping and that
revocation of the CVD order would
likely lead to continuation or recurrence
of countervailable subsidies. Commerce,
therefore, notified the ITC of the
magnitude of the margins and net
countervailable subsidy rates likely to
prevail should the AD and CVD orders
be revoked.3
On August 3, 2021, the ITC published
notice of its determination, pursuant to
section 751(c) of the Act, that revocation
of the AD and CVD orders on MCBs
from Mexico and China would likely
lead to a continuation or recurrence of
material injury to an industry in the
1 See Certain Magnesia Carbon Bricks from
Mexico and the People’s Republic of China:
Antidumping Duty Orders, 75 FR 57257 (September
20, 2010); see also Certain Magnesia Carbon Bricks
from the People’s Republic of China: Countervailing
Duty Order, 75 FR 57442 (September 20, 2010)
(collectively, Orders).
2 See Initiation of Five-Year (Sunset) Review, 86
FR 60 (January 4, 2021).
3 See Certain Magnesia Carbon Bricks from
Mexico and the People’s Republic of China: Final
Results of the Expedited Second Sunset Reviews of
the Antidumping Duty Orders, 86 FR 24847 (May
10, 2021).
VerDate Sep<11>2014
17:28 Aug 18, 2021
Jkt 253001
United States within a reasonably
foreseeable time.4
Scope of the Orders
The scope of these Orders includes
certain chemically bonded (resin or
pitch), magnesia carbon bricks with a
magnesia component of at least 70
percent magnesia (MgO) by weight,
regardless of the source of raw materials
for the MgO, with carbon levels ranging
from trace amounts to 30 percent by
weight, regardless of enhancements (for
example, magnesia carbon bricks can be
enhanced with coating, grinding, tar
impregnation or coking, high
temperature heat treatments, anti-slip
treatments or metal casing) and
regardless of whether or not
antioxidants are present (for example,
antioxidants can be added to the mix
from trace amounts to 15 percent by
weight as various metals, metal alloys,
and metal carbides).
Certain magnesia carbon bricks that
are the subject of these Orders are
currently classifiable under subheadings
6902.10.1000, 6902.10.5000,
6815.91.0000, 6815.99.2000 and
6815.99.4000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While HTSUS subheadings are provided
for convenience and customs purposes,
the written description is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the AD and CVD orders would likely
lead to a continuation or recurrence of
dumping and countervailable subsidies
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD duty
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next
five-year review of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
4 See
Certain Magnesia Carbon Bricks from China
and Mexico, Invs. 701–TA–468 and 731–TA–1166–
1167 (Second Review), USITC Publication 5223
(August 3, 2021).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
46677
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
section 751(c) and 751(d)(2) of the Act
and published pursuant to section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: August 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–17790 Filed 8–18–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–820]
Silicon Metal From Malaysia:
Antidumping Duty Order
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 an antidumping
duty order on silicon metal from
Malaysia.
DATES: Applicable August 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 24, 2021, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of silicon metal
from Malaysia.1 On August 9, 2021, the
ITC notified Commerce of its final
determination, pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
within the meaning of section
1 See Silicon Metal from Malaysia: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 133224 (June 24, 2021) (Final
Determination), and accompanying Issues and
Decision Memorandum.
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19AUN1
46678
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of silicon metal from
Malaysia.2
Scope of the Order
The product covered by this order is
silicon metal from Malaysia. For a
complete description of the scope of the
order, see the appendix to this notice.
Antidumping Duty Order
On August 9, 2021, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found 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
imports of silicon metal from Malaysia.3
Therefore, in accordance with section
735(c)(2) of the Act, Commerce is
issuing this antidumping duty order.
Because the ITC determined that
imports of silicon metal from Malaysia
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Malaysia, 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
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of silicon metal from
Malaysia. With the exception of entries
occurring after the expiration of the
provisional measures period and before
publication of the ITC’s final affirmative
injury determination, as further
described below, antidumping duties
will be assessed on unliquidated entries
of silicon metal from Malaysia entered,
or withdrawn from warehouse, for
consumption, on or after February 1,
2021, the date of publication of the
Preliminary Determination.4
lotter on DSK11XQN23PROD with NOTICES1
Continuation of Suspension of
Liquidation
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 736 of the Act,
Commerce intends to instruct CBP to
2 See ITC Letter, Notification of ITC Final
Determination in Investigation No. 731–TA–1526
(Final), dated August 9, 2021.
3 Id.
4 See Silicon Metal from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
73676 (February 1, 2021) (Preliminary
Determination).
VerDate Sep<11>2014
17:28 Aug 18, 2021
Jkt 253001
continue to suspend liquidation on all
relevant entries of silicon metal from
Malaysia. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce also intends to instruct
CBP to require cash deposits equal to
the estimated weighted-average
dumping margins indicated in the table
below. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determination, CBP
will require, at the same time as
importers would normally deposit
estimated duties on subject
merchandise, a cash deposit equal to the
rates listed below. The relevant allothers rate applies to all producers or
exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
silicon metal from Malaysia, Commerce
extended the four-month period to six
months in this investigation. Commerce
published the preliminary
determination in this investigation on
February 1, 2021.5
The extended provisional measures
period, beginning on the date of
publication of the Preliminary
Determination, ended on July 31, 2021.
Therefore, in accordance with section
733(d) of the Act, Commerce intends to
instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of silicon metal from Malaysia
entered, or withdrawn from warehouse,
for consumption after July 30, 2021, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
5 See
PO 00000
Preliminary Determination.
Frm 00006
Fmt 4703
Sfmt 4703
Malaysia:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
PMB Silicon Sdn. Bhd ................
All Others ....................................
12.27
12.27
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
silicon metal from Malaysia pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This antidumping duty order is
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The scope of this order 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 order.
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.
[FR Doc. 2021–17791 Filed 8–18–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Notice of Court Decision Not
in Harmony With Final Results of
Antidumping Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\19AUN1.SGM
19AUN1
]]>Agencies
[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46677-46678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17791]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-820]
Silicon Metal From Malaysia: Antidumping Duty Order
AGENCY: 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 an antidumping duty order on silicon metal from
Malaysia.
DATES: Applicable August 19, 2021.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
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
On June 24, 2021, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of
silicon metal from Malaysia.\1\ On August 9, 2021, the ITC notified
Commerce of its final determination, pursuant to section 735(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured within the meaning of section
[[Page 46678]]
735(b)(1)(A)(i) of the Act by reason of LTFV imports of silicon metal
from Malaysia.\2\
---------------------------------------------------------------------------
\1\ See Silicon Metal from Malaysia: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 133224 (June
24, 2021) (Final Determination), and accompanying Issues and
Decision Memorandum.
\2\ See ITC Letter, Notification of ITC Final Determination in
Investigation No. 731-TA-1526 (Final), dated August 9, 2021.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is silicon metal from Malaysia.
For a complete description of the scope of the order, see the appendix
to this notice.
Antidumping Duty Order
On August 9, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found 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 imports of silicon metal from Malaysia.\3\
Therefore, in accordance with section 735(c)(2) of the Act, Commerce is
issuing this antidumping duty order. Because the ITC determined that
imports of silicon metal from Malaysia are materially injuring a U.S.
industry, unliquidated entries of such merchandise from Malaysia,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of silicon metal from Malaysia. With the exception of
entries occurring after the expiration of the provisional measures
period and before publication of the ITC's final affirmative injury
determination, as further described below, antidumping duties will be
assessed on unliquidated entries of silicon metal from Malaysia
entered, or withdrawn from warehouse, for consumption, on or after
February 1, 2021, the date of publication of the Preliminary
Determination.\4\
---------------------------------------------------------------------------
\4\ See Silicon Metal from Malaysia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 85 FR
73676 (February 1, 2021) (Preliminary Determination).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of silicon metal from Malaysia. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The relevant all-others rate
applies to all producers or exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of silicon metal from Malaysia, Commerce extended the four-month period
to six months in this investigation. Commerce published the preliminary
determination in this investigation on February 1, 2021.\5\
---------------------------------------------------------------------------
\5\ See Preliminary Determination.
---------------------------------------------------------------------------
The extended provisional measures period, beginning on the date of
publication of the Preliminary Determination, ended on July 31, 2021.
Therefore, in accordance with section 733(d) of the Act, Commerce
intends to instruct CBP to terminate the suspension of liquidation and
to liquidate, without regard to antidumping duties, unliquidated
entries of silicon metal from Malaysia entered, or withdrawn from
warehouse, for consumption after July 30, 2021, the final day on which
the provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Malaysia:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
PMB Silicon Sdn. Bhd........................................ 12.27
All Others.................................................. 12.27
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
silicon metal from Malaysia pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
This antidumping duty order is published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of this order 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 order.
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.
[FR Doc. 2021-17791 Filed 8-18-21; 8:45 am]
BILLING CODE 3510-DS-P
