Silicon Metal From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 62537-62539 [2023-19627]
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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Ayala by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Ayala may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Ayala and shall be
published in the Federal Register.
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Sixth, this Order is effective
immediately and shall remain in effect
until November 16, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–19680 Filed 9–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–820]
Silicon Metal From Malaysia:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of silicon metal
from Malaysia were not sold in the
United States at less than normal value
(NV) during the period of review (POR),
February 1, 2021, through July 31, 2022.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings, 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) 482–1110.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 19, 2021, Commerce
published in the Federal Register an
antidumping duty order on silicon
metal from Malaysia.1 On August 2,
2022, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On October 11, 2022, based on
a timely request for an administrative
review, Commerce initiated an
administrative review with respect to
PMB Silicon Sdn. Bhd (PMB Silicon).3
On April 21, 2023, Commerce
extended the time limit for completing
the preliminary results of this review
1 See Silicon Metal from Malaysia: Antidumping
Duty Order, 86 FR 46677 (August 19, 2021) (Order).
2 See Antidumping and Countervailing Duty
Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review and
Join Annual Inquiry Service List, 87 FR 47187
(August 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
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62537
until August 31, 2023.4 For a complete
description of the events between the
initiation of this review and these
preliminary results, see the Preliminary
Decision Memorandum.5
Scope of the Order
The merchandise covered by the
scope of this Order is silicon metal from
Malaysia.6
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. NV is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the
following estimated weighted-average
dumping margin exists during the
period February 1, 2021, through July
31, 2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
PMB Silicon Sdn. Bhd ................
0.00
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon here in advance
of the final results of this review.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated April
21, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Silicon Metal from
Malaysia; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 For a complete description of the scope of the
Order, see Preliminary Decision Memorandum.
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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
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Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed for these preliminary results
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Case briefs or
other written comments may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the last verification report is issued in
this administrative review. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs. Parties who submit case
briefs or rebuttal briefs in this
proceeding 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.7
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.8
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, filed electronically via
ACCESS. Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of the
issues to be discussed. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in the case briefs, no later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act, unless
otherwise extended.
Assessment Rates
Upon issuance of the final results of
this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.9 If PMB
Silicon’s weighted-average dumping
margin is not zero or de minimis (i.e.,
7 See 19 CFR 351.309(c) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
9 See 19 CFR 351.212(b)(1).
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17:32 Sep 11, 2023
Jkt 259001
less than 0.5 percent) in the final results
of this review, we will calculate
importer-specific assessment rates based
on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We intend to
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. If PMB Silicon’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, or if an importer-specific or
customer-specific assessment rate is
zero or de minimis, Commerce will
instruct CBP to liquidate appropriate
entries without regard to antidumping
duties. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review,
and for future deposits of estimated
duties, where applicable.10
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by PMB Silicon for
which PMB Silicon did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the original less-thanfair-value (LTFV) investigation (i.e.,
12.27 percent),11 if there is no rate for
the intermediate company(ies) involved
in the transaction.12
Commerce intends to issue
instructions to CBP no earlier than 35
days after the publication date of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the finals results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for PMB Silicon in the
10 See
section 751(a)(2)(C) of the Act.
Order.
12 For a full description of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
final results of review will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
merchandise exported by a company not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment in
which it was reviewed; (3) if the
exporter is not a firm covered in this
review or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 12.27 percent,13 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
11 See
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13 See
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Order, 86 FR 46678.
12SEN1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
FOR FURTHER INFORMATION CONTACT:
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–19627 Filed 9–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–117]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Results of Antidumping
Duty Administrative Review; Final
Determination of No Shipments; and
Partial Rescission; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Yinfeng Imp & Exp Trading Co., Ltd./
Fujian Province Youxi City Mangrove
Wood Machining Co., Ltd. (Yinfeng/
Mangrove), Fujian Jinquan Trade Co.,
Ltd./Fujian Province Youxi County
Baiyuan Wood Machining Co., Ltd.
(Jinquan/Baiyuan) and 29 nonindividually examined exporters of
wood mouldings and millworks
products (WMMP) from the People’s
Republic of China (China) did not sell
subject merchandise to the United
States at prices below normal value
(NV) during the period of review (POR),
August 12, 2020, through January 31,
2022. Commerce further determines that
Fujian Shunchang Shengsheng Wood
Industry Limited Company (Shunchang
Shengsheng), Xiamen Jinxi Building
Material Co., Ltd. (Xiamen Jinxi), and
Zhangzhou Green Wood Industry and
Trade Co., Ltd. (Greenwood) made no
shipments of subject merchandise
during the POR and that Gaomi Hongtai
Home Furniture Co., Ltd. has not
established eligibility for a separate rate
and, therefore, is part of the China-wide
entity. Additionally, we are rescinding
this administrative review with respect
to three companies that are not eligible
for review because they either had no
reviewable entries during the POR or are
U.S. resellers.
DATES: Applicable September 12, 2023.
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AGENCY:
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Samantha Kinney or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2285 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2023, Commerce
published the Preliminary Results.1 For
events subsequent to the Preliminary
Results, see the Issues and Decision
Memorandum.2
Scope of the Order 3
The merchandise covered by the
Order is wood mouldings and millwork
products, which are primarily
classifiable under subheadings
4409.10.0500, 4409.10.1020,
4409.10.1040, 4409.10.1060,
4409.10.1080, 4409.10.4010,
4409.10.4090, 4409.10.4500,
4409.10.5000, 4409.10.9020,
4409.10.9040, 4409.22.0590,
4409.22.1000, 4409.22.4000,
4409.22.5000, 4409.22.5020,
4409.22.5040, 4409.22.5060,
4409.22.5090, 4409.22.9000,
4409.22.9020, 4409.22.9030,
4409.22.9045, 4409.22.9060,
4409.22.9090, 4409.29.0665,
4409.29.1100, 4409.29.4100,
4409.29.5100, 4409.29.9100,
4412.99.5115, 4412.99.9500,
4418.91.9095, and 4421.91.9780 of the
of the Harmonized Tariff Schedule of
the United States (HTSUS). WMMP may
also enter under HTSUS numbers
4409.10.6000, 4409.10.6500,
4409.22.6000, 4409.22.6500,
4409.29.6100, 4409.29.6600,
4412.41.0000, 4412.42.0000,
4412.49.0000, 4412.91.5115,
4412.92.5215, 4412.99.9700,
4418.20.4000, 4418.20.8030,
4418.20.8060, 4418.91.9195,
1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review and Preliminary Determination of No
Shipments, and Rescission in Part; 2020–2022, 88
FR 14139 (March 7, 2023) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Wood Mouldings and
Millwork Products from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Results of the 2020–2022 Antidumping Duty
Administrative Review,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Amended
Final Antidumping Duty Determination and
Antidumping Duty Order, 86 FR 9486 (February 16,
2021) (Order).
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62539
4418.99.9095, 4418.99.9195,
4421.91.9880, 4421.99.9780, and
4421.99.9880. While the HTSUS
subheading and ASTM specification are
provided for convenience and for
customs purposes, the written
description of the subject merchandise
is dispositive. A full description of the
scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I to this notice. The Issues
and 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our verification findings,
review of the record, and comments
received from interested parties
regarding our Preliminary Results, we
made changes to the margin calculations
for Jinquan/Baiyuan and Yinfeng/
Mangrove.4
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that
Shunchang Shengsheng, Xiamen Jinxi,
and Green Wood had no shipments of
subject merchandise to the United
States during the POR.5 No party filed
comments with respect to this
preliminary finding and we received no
information to contradict it. Therefore,
we continue to find that these three
companies had no shipments of subject
merchandise during the POR and will
issue appropriate liquidation
instructions that are consistent with our
‘‘automatic assessment’’ clarification for
these final results.6
4 See Issues and Decision Memorandum; see also
Memorandum, ‘‘Final Results Calculation
Memorandum for Jinquan/Baiyuan,’’ dated
concurrently with this notice; and Memorandum,
‘‘Final Results Calculation Memorandum for
Yinfeng Imp & Exp Trading Co., Ltd/Fujian
Province Youxi City Mangrove Wood Machining
Co., Ltd.,’’ dated concurrently with this notice.
5 See Preliminary Results, 88 FR at 14140.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
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]]>Agencies
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62537-62539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19627]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-820]
Silicon Metal From Malaysia: Preliminary Results of Antidumping
Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of silicon metal from Malaysia were not sold in
the United States at less than normal value (NV) during the period of
review (POR), February 1, 2021, through July 31, 2022. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 12, 2023.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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) 482-1110.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2021, Commerce published in the Federal Register an
antidumping duty order on silicon metal from Malaysia.\1\ On August 2,
2022, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On October 11, 2022,
based on a timely request for an administrative review, Commerce
initiated an administrative review with respect to PMB Silicon Sdn. Bhd
(PMB Silicon).\3\
---------------------------------------------------------------------------
\1\ See Silicon Metal from Malaysia: Antidumping Duty Order, 86
FR 46677 (August 19, 2021) (Order).
\2\ See Antidumping and Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
---------------------------------------------------------------------------
On April 21, 2023, Commerce extended the time limit for completing
the preliminary results of this review until August 31, 2023.\4\ For a
complete description of the events between the initiation of this
review and these preliminary results, see the Preliminary Decision
Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated April 21, 2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Silicon
Metal from Malaysia; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the scope of this Order is silicon metal
from Malaysia.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists during the period February 1, 2021,
through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
PMB Silicon Sdn. Bhd....................................... 0.00
------------------------------------------------------------------------
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon here in advance of the final results
of this review.
[[Page 62538]]
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than seven days after
the date on which the last verification report is issued in this
administrative review. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than seven days after the
deadline date for case briefs. Parties who submit case briefs or
rebuttal briefs in this proceeding 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.\7\ Commerce has modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c) and (d)(2); see also 19 CFR 351.303
(for general filing requirements).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
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, filed electronically via ACCESS. Hearing
requests should contain: (1) the party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in the
case briefs, no later than 120 days after the date of publication of
this notice, pursuant to section 751(a)(3)(A) of the Act, unless
otherwise extended.
Assessment Rates
Upon issuance of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\9\ If PMB Silicon's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific assessment rates
based on the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). We intend to instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate calculated in
the final results of this review is not zero or de minimis. If PMB
Silicon's weighted-average dumping margin is zero or de minimis in the
final results of review, or if an importer-specific or customer-
specific assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties. The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review, and for future deposits of estimated duties, where
applicable.\10\
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\9\ See 19 CFR 351.212(b)(1).
\10\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by PMB
Silicon for which PMB Silicon did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 12.27 percent),\11\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\12\
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\11\ See Order.
\12\ For a full description of this practice, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue instructions to CBP no earlier than 35
days after the publication date of the final results of this review in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for PMB Silicon in
the final results of review will be equal to the weighted-average
dumping margin established in the final results of this administrative
review except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for merchandise exported by a
company not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment in
which it was reviewed; (3) if the exporter is not a firm covered in
this review or the original LTFV investigation, but the producer is,
then the cash deposit rate will be the rate established for the most
recently-completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 12.27 percent,\13\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\13\ See Order, 86 FR 46678.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
[[Page 62539]]
Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-19627 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DS-P
