Notice2023-12050
Mattresses From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/Grantec) and the non-individually-examined companies for which a review was requested made sales of mattresses from Indonesia at prices below normal value (NV), while PT Zinus Global Indonesia (Zinus) did not make sales of the subject merchandise at prices below NV during the period of review (POR), November 3, 2020, through April 30, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37027-37029]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12050]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Preliminary Results of Antidumping
Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia
(collectively, Ecos/Grantec) and the non-individually-examined
companies for which a review was requested made sales of mattresses
from Indonesia at prices below normal value (NV), while PT Zinus Global
Indonesia (Zinus) did not make sales of the subject merchandise at
prices below NV during the period of review (POR), November 3, 2020,
through April 30, 2022. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2021, Commerce published the antidumping duty order on
mattresses from Indonesia.\1\ On July 14, 2022, in accordance with 19
CFR 351.221(c)(1)(i), Commerce initiated an administrative review of
the Order.\2\
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\1\ See Mattresses from Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Republic of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Determination for Cambodia, 86 FR 26460 (May 14, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on November 29, 2022, Commerce determined that it
was not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review by 120 days, until May 31, 2023.\3\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated
November 29, 2022.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
The Preliminary Decision Memorandum is a public document and is
available via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022;
Mattresses from Indonesia,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are mattresses from Indonesia.
For a full description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price and constructed export price are
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 topics included in the
Preliminary Decision Memorandum is included as Appendix I to this
notice.
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information reported by Zinus for the final results.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
In this review, the preliminary weighted-average dumping margin for
Ecos/Grantec is not zero, de minimis, or based entirely on facts
otherwise available, whereas Zinus' preliminary weighted-average
dumping margin is zero. Therefore, Commerce has preliminarily assigned
a weighted-average dumping margin to the non-examined companies that is
equal to the weighted-average dumping margin for Ecos/Grantec in
accordance with its practice.\5\
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\5\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-1019, 86 FR 28554,
28555 (May 27, 2021).
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period November 3, 2020, through April
30, 2022:
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\6\ We are treating these companies as a single entity for
purposes of this review. For a complete discussion, see Memorandum,
``Affiliation and Collapsing of PT Ecos Jaya Indonesia and PT
Grantec Jaya Indonesia,'' dated December 8, 2022.
\7\ See Appendix II for a list of these companies.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \6\........ 10.39
PT Zinus Global Indonesia................................... 0.00
Non-Examined Companies \7\.................................. 10.39
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[[Page 37028]]
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties with an administrative
protective order within five days after the date of public announcement
of the preliminary results, or within five days after the publication
of the preliminary results in the Federal Register.\8\
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\8\ See 19 CFR 351.224(b).
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Interested parties will be notified of the deadline for the
submission of case briefs and written comments at a later date.\9\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\10\ 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.\11\ Executive summaries should be limited to five pages
total, including footnotes.
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 within 30 days after the date
of publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
(3) whether any participant is a foreign national; and (4) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a date
and time to be determined.
All briefs and hearing requests must be filed electronically using
ACCESS \12\ and must be served on interested parties.\13\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
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\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), upon completion of the final results, Commerce intends to
calculate importer-specific antidumping duty assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\15\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. Where either a respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we intend to instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\17\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the weighted-average dumping margin determined for the non-
examined companies in the final results of review.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated antidumping duties, where applicable.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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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
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this 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 previously reviewed or investigated companies not covered in
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior completed review, or the
less-than-fair value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the company-specific rate established for
the most recently-completed segment of this proceeding for the producer
of subject merchandise; and (4) the cash deposit rate for all other
producers and exporters will continue to be 2.22 percent, the all-
others rate established in the LTFV investigation.\19\
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\19\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of the Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of our analysis of issues raised by the parties in the written
comments, within 120 days of publication of these preliminary results
in the Federal Register, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
[[Page 37029]]
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 this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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
Appendix II
Companies Not Selected for Individual Examination
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. PT. Ateja Multi Industri
8. PT. Ateja Tritunggal
9. PT. Aurora World Cianjur
10. P.T. Barat Daya Gemilang
11. PT. CJ Logistics Indonesia
12. PT. Cahaya Buana Furindotama;
13. PT Celebes Putra Prima
14. PT Demak Putra Mandiri
15. PT. Dinamika Indonusa Prima
16. PT. Dunlopillo Indonesia
17. PT. Dynasti Indomegah
18. PT Graha Anom Jaya
19. PT Graha Seribusatujaya
20. PT Kline Total Logistics Indonesia
21. PT. Massindo International
22. PT. Ocean Centra Furnindo
23. PT. Quantum Tosan Internasional
24. PT. Romance Bedding & Furniture
25. PT. Royal Abadi Sejahtera
26. PT Rubberfoam Indonesia
27. PT Solo Murni Epte
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT
[FR Doc. 2023-12050 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.