Notice2024-26906
Mattresses From Indonesia: Final Results and Partial Rescission 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
November 19, 2024
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 one non-individually examined company made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), May 1, 2022, through April 30, 2023. Additionally, Commerce determines that PT. Zinus Global Indonesia (Zinus Indonesia) did not make sales of mattresses from Indonesia at prices below NV during the POR. Moreover, we are rescinding this review with respect to one company that withdrew its request for review and 29 companies that had no reviewable entries during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91335-91337]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26906]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Final Results and Partial Rescission
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) determines that PT
Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/
Grantec) and one non-individually examined company made sales of
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR), May 1, 2022, through April 30,
2023. Additionally, Commerce determines that PT. Zinus Global Indonesia
(Zinus Indonesia) did not make sales of mattresses from Indonesia at
prices below NV during the POR. Moreover, we are rescinding this review
with respect to one company that withdrew its request for review and 29
companies that had no reviewable entries during the POR.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Noah Wetzel, 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) 482-1766 or (202)
482-7466, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2024, Commerce published the Preliminary Results of this
administrative review and invited interested parties to comment.\1\ On
July 23, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On October 2, 2024, Commerce extended the
deadline for the final results of this administrative review until
November 12, 2024.\3\ For a summary of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\4\
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; 2022-2023, 89 FR 47528 (June
3, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 23, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated October 2,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 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>5</SUP>
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\5\ 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, we made one change
to the margin calculation in the Preliminary Results for Ecos/
Grantec.\6\
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\6\ See Issues and Decision Memorandum at 4.
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[[Page 91336]]
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties who
requested a review withdraw their requests within 90 days of the date
that the notice of initiation of the requested review was published in
the Federal Register. In the Preliminary Results, we intended to
rescind this review with respect to PT Champion Mattress Indonesia
Manufacturing (PTC) because PTC had timely withdrawn its request for
review and no other interested party requested a review of this
company. However, because we inadvertently did not rescind this review
with respect to PTC in the Preliminary Results, we issued an intent-to-
rescind memorandum and provided interested parties with the opportunity
to comment on this matter.\7\
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\7\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated June 4, 2024.
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Because PTC timely withdrew its request for review of itself and no
other parties requested a review of PTC, Commerce is rescinding this
administrative review with respect to PTC.
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the
antidumping duty order for which liquidation is suspended, Commerce may
also rescind an administrative review, in whole or only with respect to
a particular exporter or producer.\8\ At the end of the administrative
review, any suspended entries are liquidated at the assessment rate
computed for the review period.\9\ Therefore, for an administrative
review to be conducted, there must be a reviewable, suspended entry to
be liquidated at the newly calculated assessment rate. On October 3,
2024, Commerce informed interested parties that it intended to rescind
this review with respect to 29 companies because those companies had no
reviewable, suspended entries of subject merchandise and invited
parties to comment.\10\ We received no comments on our preliminary
rescission of the review with respect to these companies. Accordingly,
in the absence of suspended entries of subject merchandise during the
POR for these 29 companies for which this review was initiated, we are
hereby rescinding this administrative review, in part, with respect to
these companies, in accordance with 19 CFR 351.213(d)(3).\11\
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\8\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\9\ See 19 CFR 351.212(b)(1).
\10\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated October 3, 2024.
\11\ See appendix II, where all companies for which we have
rescinded this review are listed.
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Rate for Non-Examined Respondent
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 or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .'' We calculated a dumping margin for Ecos/Grantec
that is not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, we assigned a margin of 30.32 percent
based on Ecos/Grantec's calculated weighted-average dumping margin to
the non-selected respondent, PT Graha Seribusatujaya.
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 \12\....... 30.32
PT. Zinus Global Indonesia.................................. 0.00
PT Graha Seribusatujaya..................................... 30.32
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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.\13\
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\12\ 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.
\13\ 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 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),
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.
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).
Pursuant to 19 CFR 351.212(b)(1), where the respondent Ecos/Grantec
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 Ecos/Grantec did
not report entered value, we calculated an importer-specific, per-unit
assessment rate based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales. For Zinus Indonesia, whose weighted-average dumping margin
is zero, and for any importers whose importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\14\
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\14\ 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
Indonesia 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
[[Page 91337]]
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.\15\
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\15\ 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 company that was not selected for individual review, we
assigned an assessment rate calculated as noted in the ``Rate for Non-
Examined Respondent'' section, above.
For the companies for which this review is rescinded with these
final results (see appendix II), we will instruct CBP to assess
antidumping duties on any suspended entries at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(1)(i).
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.\16\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\16\ 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 (APO)
This notice also serves as a reminder to parties subject to an 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: November 12, 2024.
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
Comment 1: Treatment of Disputed Expenses
Comment 2: Application of the Transactions Disregarded Rule
VI. Recommendation
Appendix II
List of Companies for Which We Are Rescinding the Administrative Review
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. P.T. Barat Daya Gemilang
8. PT Celebes Putra Prima
9. PT Champion Mattress Indonesia Manufacturing
10. PT Demak Putra Mandiri
11. PT Graha Anom Jaya
12. PT Kline Total Logistics Indonesia
13. PT Rubberfoam Indonesia
14. PT Solo Murni Epte
15. PT. Ateja Multi Industri
16. PT. Ateja Tritunggal
17. PT. Aurora World Cianjur
18. PT. Cahaya Buana Furindotama
19. PT. CJ Logistics Indonesia
20. PT. Dinamika Indonusa Prima
21. PT. Dunlopillo Indonesia
22. PT. Dynasti Indomegah
23. PT. Massindo International
24. PT. Ocean Centra Furnindo
25. PT. Quantum Tosan Internasional
26. PT. Romance Bedding & Furniture
27. PT. Royal Abadi Sejahtera
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT
[FR Doc. 2024-26906 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 19, 2024.
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