Silicon Metal From Malaysia: Preliminary Results of Antidumping Duty Administrative Review, 2022-2023, 74910-74912 [2024-20774]
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
khammond on DSKJM1Z7X2PROD with NOTICES
Public Comment
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
investigation. 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 the case
briefs, may be filed not later than five
days after the date for filing case
briefs.15 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.16
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public
executive summary for each issue raised
in their briefs.17 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
15 See
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
16 See 19 351.309(c)(2) and (d)(2).
17 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
VerDate Sep<11>2014
18:37 Sep 12, 2024
Jkt 262001
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).18
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 via ACCESS 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 and
whether any participant is a foreign
national, and a list of the issues to be
discussed. Oral presentations at the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing.19 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its 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 imports of 2, 4–
D from India are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act and 19 CFR
351.205(c).
Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Salt and ester forms of 2,4-D include 2,4D sodium salt (CAS 2702–72–9), 2,4-D
diethanolamine salt (CAS 5742–19–8), 2,4-D
dimethyl amine salt (CAS 2008–39–1), 2,4-D
isopropylamine salt (CAS 5742–17–6), 2,4-D
tri-isopropanolamine salt (CAS 3234180–3),
2,4-D choline salt (CAS 1048373–72–3), 2,4D butoxyethyl ester (CAS 1929–733), 2,4-D 2ethylhexylester (CAS 1928–43–4), and 2,4-D
isopropylester (CAS 94–11–1). All 2,4-D, as
well as the salt and ester forms of 2,4-D, is
covered by the scope irrespective of purity,
particle size, or physical form.
The conversion of a 2,4-D salt or ester from
2,4-D acid, or the formulation of nonsubject
merchandise with the subject 2,4-D, its salts,
and its esters in the country of manufacture
or in a third country does not remove the
subject 2,4-D, its salts, or its esters from the
scope. For any such formulations, only the
2,4-D, 2,4-D salt, and 2,4-D ester components
of the mixture is covered by the scope of the
investigation. Formulations of 2,4-D are
products that are registered for end-use
applications with the Environmental
Protection Agency and contain a dispersion
agent.
The country of origin of any 2,4-D
derivative salt or ester is determined by the
country in which the underlying 2,4-D acid
is produced. 2,4-D, its salts, and its esters are
classified under Harmonized Tariff Schedule
of the United States (HTSUS) subheading
2918.99.2010. Subject merchandise,
including the abovementioned formulations,
may also be classified under HTSUS
subheadings 2922.12.0001, 2921.11.0000,
2921.19.6195, 2922.19.9690, 3808.93.0500,
and 3808.93.1500. The HTSUS subheadings
and CAS registry numbers are provided for
convenience and customs purposes. The
written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Diversification of India’s Economy
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024–20861 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is 2,4-dichlorophenoxyacetic
acid (2,4-D) and its derivative products,
including salt and ester forms of 2,4-D. 2,4D has the Chemical Abstracts Service (CAS)
registry number of 94–75–7 and the chemical
formula C8H6 Cl2O3.
International Trade Administration
[A–557–820]
Silicon Metal From Malaysia:
Preliminary Results of Antidumping
Duty Administrative Review, 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
18 See
APO and Service Final Rule.
19 See 19 CFR 351.310(d).
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
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),
August 1, 2022, through July 31, 2023.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–2593.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On August 19, 2021, Commerce
published in the Federal Register an
antidumping duty order on silicon
metal from Malaysia.1 On August 2,
2023, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On October 18, 2023, 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 8, 2024, Commerce extended
the deadline for completing the
preliminary results of this review until
August 30, 2024.4 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.5 The deadline for the preliminary
results is now September 6, 2024. For a
complete description of the events
between the initiation of this review and
these preliminary results, see the
Preliminary Decision Memorandum.6
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Order
The merchandise covered by the
scope of this Order is silicon metal from
Malaysia. For a complete description of
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, 88 FR 50840
(August 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023) (Initiation Notice).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 8, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Silicon
Metal from Malaysia; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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17:53 Sep 12, 2024
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74911
of contents listing each issue; and (2) a
table of authorities.8
As provided under 19 CFR
Methodology
351.309(c)(2) and (d)(2), in prior
Commerce is conducting this review
proceedings we have encouraged
in accordance with section 751(a) of the interested parties to provide an
Tariff Act of 1930, as amended (the Act). executive summary of their briefs that
Export price is calculated in accordance should be limited to five pages total,
with section 772 of the Act. NV is
including footnotes. In this review, we
instead request that interested parties
calculated in accordance with section
provide at the beginning of their briefs
773 of the Act.
For a full description of the
a public, executive summary for each
methodology underlying these
issue raised in their briefs.9 Further, we
preliminary results, see the Preliminary request that interested parties limit their
Decision Memorandum. for a complete
public executive summary of each issue
list of topics discussed in the
to no more than 450 words, not
Preliminary Decision Memorandum see including citations. We intend to use
the public executive summaries as the
the appendix to this notice. The
Preliminary Decision Memorandum is a basis of the comment summaries
included in the issues and decision
public document and is made available
memorandum that will accompany the
to the public via Enforcement and
final results in this administrative
Compliance’s Antidumping and
review. We request that interested
Countervailing Duty Centralized
parties include footnotes for relevant
Electronic Service System (ACCESS).
citations in the executive summary of
ACCESS is available to registered users
at https://access.trade.gov. In addition, a each issue. Note that Commerce has
amended certain of its requirements
complete version of the Preliminary
Decision Memorandum can be accessed pertaining to the service of documents
in 19 CFR 351.303(f).10
directly at https://access.trade.gov/
Pursuant to 19 CFR 351.310(c),
public/FRNoticesListLayout.aspx.
interested parties who wish to request a
Preliminary Results of the Review
hearing must submit a written request to
the Assistant Secretary for Enforcement
Commerce preliminarily determines
and Compliance, filed electronically via
that the following estimated weightedACCESS. Requests should contain: (1)
average dumping margin exists during
the party’s name, address, and
the period August 1, 2022, through July
telephone number; (2) the number of
31, 2023:
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
Estimated
weighted-average will be limited to those raised in the
Exporter/producer
dumping margin
respective case briefs. An electronically
(percent)
filed hearing request must be received
successfully in its entirety by
PMB Silicon Sdn. Bhd ....
0.00
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
Disclosure and Public Comment
30 days after the date of publication of
Commerce intends to disclose its
this notice.
calculations and analysis performed to
Assessment Rates
interested parties for these preliminary
results within five days of any public
Upon issuance of the final results of
announcement or, if there is no public
this administrative review, Commerce
announcement, within five days of the
shall determine, and U.S. Customs and
date of publication of this notice in
Border Protection (CBP) shall assess,
accordance with 19 CFR 351.224(b).
antidumping duties on all appropriate
Pursuant to 19 CFR 351.309(c),
entries covered by this review.11 If PMB
interested parties may submit case briefs Silicon’s weighted-average dumping
to Commerce no later than 30 days after margin is not zero or de minimis (i.e.,
the date of publication of this notice.
less than 0.5 percent) in the final results
Rebuttal briefs, limited to issues raised
of this review, we will calculate
in the case briefs, may be filed not later
importer-specific assessment rates based
than five days after the date for filing
on the ratio of the total amount of
case briefs.7 Interested parties who
dumping calculated for the importer’s
submit case briefs or rebuttal briefs in
8 See 19 351.309(c)(2) and (d)(2).
this proceeding must submit: (1) a table
the scope of the Order, see the
Preliminary Decision Memorandum.
7 See
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
10 See APO and Service Final Rule.
11 See 19 CFR 351.212(b)(1).
E:\FR\FM\13SEN1.SGM
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khammond on DSKJM1Z7X2PROD with NOTICES
74912
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
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. Where either PMB
Silicon’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an
importer-specific assessment rate is zero
or de minimis in the final results of this
review, we intend to instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2).
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.12
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),13 if there is no rate for
the intermediate company(ies) involved
in the transaction.14
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).
margin established in the final results of
this administrative review; (2) for
merchandise exported by producers or
exporters 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 recentlycompleted segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, or the original 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, the allothers rate established in the LTFV
investigation.15 The cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for PMB Silicon will be
equal to the weighted-average dumping
Notification to Interested Parties
12 See
section 751(a)(2)(C) of the Act.
Order, 86 FR at 46678.
14 For a full description of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See
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17:53 Sep 12, 2024
Jkt 262001
Final Results of Review
Unless 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.
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).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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
15 See
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Order, 86 FR at 46678.
Frm 00046
Fmt 4703
Sfmt 4703
VI. Recommendation
[FR Doc. 2024–20774 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–920]
Certain Epoxy Resins From the
Republic of Korea: Preliminary
Negative Countervailing Duty
Determination, Preliminary Negative
Critical Circumstances Determination
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are not being provided to
producers and exporters of Certain
Epoxy Resins (epoxy resins) from the
Republic of Korea (Korea). The period of
investigation is January 1, 2023, through
December 31, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Benjamin Blythe, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3936 or (202) 482–3457,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on April 29,
2024.1 On May 28, 2024, Commerce
postponed the preliminary
determination until September 3, 2024.2
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
1 See Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea, and
Taiwan: Initiation of Countervailing Duty
Investigations, 89 FR 33319 (April 29, 2024)
(Initiation Notice).
2 See Certain Epoxy Resins from the People’s
Republic of China, India, the Republic of Korea, and
Taiwan: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 89 FR 46016 (May 28, 2024).
E:\FR\FM\13SEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74910-74912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20774]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-820]
Silicon Metal From Malaysia: Preliminary Results of Antidumping
Duty Administrative Review, 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 74911]]
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), August 1, 2022, through July 31, 2023. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-2593.
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,
2023, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On October 18, 2023,
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, 88 FR 50840 (August 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
---------------------------------------------------------------------------
On April 8, 2024, Commerce extended the deadline for completing the
preliminary results of this review until August 30, 2024.\4\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\5\ The deadline for the preliminary results
is now September 6, 2024. For a complete description of the events
between the initiation of this review and these preliminary results,
see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 8,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Silicon Metal from Malaysia; 2022-2023,'' 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. For a complete description of the scope of the Order,
see the 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. for a
complete list of topics discussed in the Preliminary Decision
Memorandum see the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public 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
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists during the period August 1,
2022, through July 31, 2023:
------------------------------------------------------------------------
Estimated weighted-
Exporter/producer average dumping
margin (percent)
------------------------------------------------------------------------
PMB Silicon Sdn. Bhd................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results 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).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\7\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\10\
---------------------------------------------------------------------------
\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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.\11\ 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
[[Page 74912]]
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. Where either
PMB Silicon's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c), or an importer-specific
assessment rate is zero or de minimis in the final results of this
review, we intend to instruct CBP to liquidate the appropriate entries
without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2). 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.\12\
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\11\ See 19 CFR 351.212(b)(1).
\12\ 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),\13\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\14\
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\13\ See Order, 86 FR at 46678.
\14\ 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 upon
publication in the Federal Register of the notice of final results of
this administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for PMB Silicon will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by producers
or exporters 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
of this proceeding in which they were reviewed; (3) if the exporter is
not a firm covered in this review, or the original 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, the
all-others rate established in the LTFV investigation.\15\ The cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ See Order, 86 FR at 46678.
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Final Results of Review
Unless 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).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-20774 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
