Notice2023-26899
Mattresses From Indonesia: Final 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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/ Grantec) and PT Zinus Global Indonesia (Zinus) made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), November 3, 2020, through April 30, 2022. Commerce further determines that sales of subject merchandise made by the non-individually examined companies were at prices below NV.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85240-85242]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26899]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Final 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) determines that PT
Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/
Grantec) and PT Zinus Global Indonesia (Zinus) made sales of subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR), November 3, 2020, through April 30,
2022. Commerce further determines that sales of subject merchandise
made by the non-individually examined companies were at prices below
NV.
DATES: Applicable December 7, 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 June 6, 2023, Commerce published the Preliminary Results of this
administrative review.\1\ We invited interested parties to comment on
the Preliminary Results. On September 15, 2023, Commerce extended the
deadline for the final results of this administrative review until
December 1, 2023.\2\ For a summary of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Mattresses from Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2022, 88 FR 37027 (June
6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 15, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2022 Antidumping Duty Administrative
Review: Mattresses from Indonesia,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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The merchandise covered by this Order is mattresses from Indonesia.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
filed in this administrative review in the Issues and Decision
Memorandum. A list of the issues addressed in the Issues and Decision
Memorandum is included in Appendix I. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on an analysis of the comments received and our findings at
verification, we have made changes to the margin calculations in the
Preliminary Results for both Ecos/Grantec and Zinus.\5\
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\5\ See the Issues and Decision Memorandum.
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Rate for Non-Examined Respondents
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.
In this review, we calculated weighted-average dumping margins of
8.40 percent and 6.75 percent for Ecos/Grantec and Zinus, respectively.
With two respondents under individual examination, Commerce normally
calculates: (A) a weighted-average of the estimated dumping rates
calculated for the examined respondents; (B) a simple average of the
estimated dumping rates calculated for the examined respondents; and
(C) a weighted-average of the estimated dumping rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rates closest to (A) as the
most appropriate rate for all other producers and exporters.\6\ As a
result of this comparison, we assigned a dumping margin of 7.04 percent
to the non-examined companies.\7\
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\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661 (September 1, 2020).
\7\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Selected Companies,'' dated December 1, 2023.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
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Weighted -
average
Exporter or producer dumping margin
(percent)
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PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \8\.... 8.40
PT Zinus Global Indonesia............................... 6.75
Non-Examined Companies \9\.............................. 7.04
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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 deposits of estimated
duties, where applicable.\10\
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\8\ 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.
\9\ See Appendix II for a list of these companies.
\10\ See section 751(a)(2)(C) of the Act.
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Disclosure
We intend to disclose the calculations performed for these final
results of
[[Page 85241]]
review to interested parties within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because Ecos/Grantec and Zinus
reported the entered value for their U.S. sales, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of those sales. Where an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\11\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Ecos/Grantec or Zinus
for which the reviewed companies did not know that the merchandise they
sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\12\
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\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual review, we
assigned an assessment rate based on the review-specific average rate,
calculated as noted in the ``Rate for Non-Examined Respondents''
section, above.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication 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 subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed
companies will be equal to the weighted-average dumping margin
established in the final results of this review; (2) for producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the most recently completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established in the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 2.22 percent, the all-others
rate established in the LTFV investigation in this proceeding.\13\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\13\ See Order.
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Notification to Importers
This notice serves as a final 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 double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
General
Comment 1: Calculation of Constructed Value Profit, Selling
Expense, and Constructed Export Price Profit Ratios
Ecos/Grantec
Comment 2: Whether Commerce Should Use Facts Available When
Applying the Transactions Disregarded Rule
Comment 3: Whether Ecos/Grantec Failed to Report Sales and Cost
Data for Subject Merchandise
Comment 4: Treatment of Allowances
Zinus
Comment 5: Whether Zinus' Reported Export Price Sales Should Be
Considered As Constructed Export Price Sales
Comment 6: Zinus KR's Indirect Selling Expenses
Comment 7: Calculation of Zinus KR's General and Administrative
Expenses
Comment 8: Treatment of Zinus' Unpaid Balances
Comment 9: Treatment of U.S. Sales of B Grade Mattresses
Comment 10: Treatment of Zinus KR's Research and Development
Expenses
Comment 11: Appropriate Customer Code for Differential Pricing
Analysis
Comment 12: Treatment of Advertising Expenses
Comment 13: Accounting for Scrap Offset
Comment 14: Application of Exchange Rate to Zinus Indonesia's
Costs
Comment 15: Recalculation of Credit Expenses (CREDIT2U)
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
[[Page 85242]]
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. 2023-26899 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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