Notice2024-12115
Mattresses From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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 3, 2024
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) during the period of review (POR), May 1, 2022, through April 30, 2023. Additionally, Commerce preliminarily determines that PT Zinus Global Indonesia (Zinus Indonesia) did not make sales of mattresses from Indonesia at prices below NV during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 107 (Monday, June 3, 2024)</title>
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[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47528-47531]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12115]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Preliminary Results of Antidumping
Duty Administrative Review; 2022-2023
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) during the period of
review (POR), May 1, 2022, through April 30, 2023. Additionally,
Commerce preliminarily determines that PT Zinus Global Indonesia (Zinus
Indonesia) did not make sales of mattresses from Indonesia at prices
below NV during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 3, 2024.
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 (AD) order
on mattresses from Indonesia.\1\ On July 12, 2023, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
[[Page 47529]]
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, 89 FR 44262 (July 12, 2023).
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on January 10, 2024, 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 30, 2024.\3\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
January 10, 2024.
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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 of Mattresses from
Indonesia; 2022-2023,'' 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.
The product is currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 9404.21.0010,
9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and
9404.29.9087. Products subject to this review may also enter under
HTSUS subheadings 9404.21.0095, 9404.29.1095, 9404.29.9095,
9401.40.0000, and 9401.90.5081. The HTSUS subheadings are provided for
convenience and customs purposes only; the written product description
of the scope of the Order is dispositive. For a full description of the
scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative 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.
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} .''
We preliminarily calculated dumping margins for the two mandatory
respondents, Ecos/Grantec and Zinus Indonesia, of 31.17 percent and
0.00 percent, respectively, and we have assigned to the non-selected
companies a rate of 31.17 percent, which is the rate for Ecos/Grantec.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2022, through April 30,
2023:
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\5\ 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.
\6\ 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 \5\........ 31.17
PT Zinus Global Indonesia................................... 0.00
Non-Examined Companies \6\.................................. 31.17
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed for these preliminary results to interested parties 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.\7\ 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.\8\ Interested parties who submit case or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\9\ Case and rebuttal briefs
should be filed using ACCESS.
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\7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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).
\9\ See 19 351.309(c)(2) and (d)(2).
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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 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.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ 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 whether any
participant is a foreign national; 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
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request must be received successfully in its entirety via ACCESS by 5
p.m. Eastern Time within 30 days after the date of publication of this
notice.
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 AD 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.\12\ 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.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ 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.\14\
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\14\ 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 AD assessment rate equal to the
dumping margin determined for Ecos/Grantec 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.\15\
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\15\ 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.\16\
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\16\ 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).
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 28, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 Champion Mattress Indonesia Manufacturing
15. PT Demak Putra Mandiri
16. PT. Dinamika Indonusa Prima
17. PT. Dunlopillo Indonesia
18. PT. Dynasti Indomegah
19. PT Graha Anom Jaya
20. PT Graha Seribusatujaya
21. PT Kline Total Logistics Indonesia
22. PT. Massindo International
23. PT. Ocean Centra Furnindo
24. PT. Quantum Tosan Internasional
25. PT. Romance Bedding & Furniture
26. PT. Royal Abadi Sejahtera
27. PT Rubberfoam Indonesia
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28. PT Solo Murni Epte
29. PT. Transporindo Buana Kargotama
30. Sonder Canada Inc
31. Super Poly Industry PT
[FR Doc. 2024-12115 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 3, 2024.
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