Mattresses From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022, 37027-37029 [2023-12050]
Download as PDF
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
Dated: May 31, 2023.
Lisa W. Wang,
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. Adjustment Under Section 777A(f) of the
Act
VII. Recommendation
[FR Doc. 2023–12053 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–836]
Mattresses From Indonesia:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2022
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:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On May 14, 2021, Commerce
published the antidumping duty order
on mattresses from Indonesia.1 On July
1 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Republic of Turkey,
and the Socialist Republic of Vietnam:
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Jkt 259001
14, 2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.2
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
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 https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
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.
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}.’’
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 weightedaverage dumping margin to the nonexamined companies that is equal to the
weighted-average dumping margin for
Ecos/Grantec in accordance with its
practice.5
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:
Verification
Exporter or producer
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
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).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020–2022 Antidumping
Duty Administrative Review,’’ dated November 29,
2022.
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).
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
37027
PT Ecos Jaya Indonesia/PT
Grantec Jaya Indonesia 6 ........
PT Zinus Global Indonesia .........
Non-Examined Companies 7 ......
Weightedaverage
dumping
margin
(percent)
10.39
0.00
10.39
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).
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.
E:\FR\FM\06JNN1.SGM
06JNN1
37028
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
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
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.
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
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
8 See
19 CFR 351.224(b).
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).
12 See 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See Temporary Rule.
ddrumheller on DSK120RN23PROD with NOTICES1
9 See
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19:24 Jun 05, 2023
Jkt 259001
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 importerspecific, 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
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
For the companies which were not
selected for individual examination, we
15 See
19 CFR 351.212(b)(1).
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).
17 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See
PO 00000
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Fmt 4703
Sfmt 4703
intend to assign an antidumping duty
assessment rate equal to the weightedaverage 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
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 recentlycompleted 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
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).
18 See
19 See
E:\FR\FM\06JNN1.SGM
section 751(a)(2)(C) of the Act.
Order.
06JNN1
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
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.
International Trade Administration
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
ddrumheller on DSK120RN23PROD with NOTICES1
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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19:24 Jun 05, 2023
Jkt 259001
Environmental Technologies Trade
Advisory Committee
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting of a
federal advisory committee.
AGENCY:
The Environmental
Technologies Trade Advisory
Committee (ETTAC) will hold a hybrid
meeting, accessible in-person and
online, on Tuesday June 20, 2023 at the
U.S. Department of Commerce in
Washington, DC. The meeting is open to
the public with registration instructions
provided below. This notice sets forth
the schedule and proposed topics for
the meeting.
DATES: The meeting is scheduled for
Tuesday, June 20, 2023 from 8:45 a.m.
to 3:30 p.m. Eastern Daylight Time
(EDT). The deadline for members of the
public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EDT on Friday, June 16, 2023.
ADDRESSES: The meeting will be held
virtually as well as in-person in the
Research Library at the U.S. Department
of Commerce Herbert Clark Hoover
building, 1401 Constitution Avenue
NW, Washington, DC 20230. Requests to
register to participate in-person or
virtually (including to speak or for
auxiliary aids) and any written
comments should be submitted via
email to Ms. Megan Hyndman, Office of
Energy & Environmental Industries,
International Trade Administration, at
Megan.Hyndman@trade.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Megan Hyndman, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–823–
1839; email: Megan.Hyndman@
trade.gov).
SUMMARY:
The
ETTAC is mandated by Section 2313(c)
of the Export Enhancement Act of 1988,
as amended, 15 U.S.C. 4728(c), to advise
the Environmental Trade Working
Group of the Trade Promotion
Coordinating Committee, through the
Secretary of Commerce, on the
development and administration of
programs to expand U.S. exports of
environmental technologies, goods,
services, and products. The ETTAC was
most recently re-chartered through
August 16, 2024.
SUPPLEMENTARY INFORMATION:
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37029
On Tuesday, June 20, 2023 from 8:45
a.m. to 3:30 p.m. EDT, the ETTAC will
hold the second meeting of its current
charter term. The Committee, with
officials from the U.S. Department of
Commerce and other agencies, will
discuss issues affecting the
competitiveness of the U.S.
environmental technologies industry,
including U.S. leadership in
international standards development,
U.S. government market intelligence
resources, and U.S. advocacy efforts
with bilateral and multilateral partners.
An agenda will be made available one
week prior to the meeting upon request
to Megan Hyndman.
The meeting will be open to the
public and time will be permitted for
public comment before the close of the
meeting. Members of the public seeking
to attend the meeting are required to
register by Friday, June 16, 2023, at 5:00
p.m. EDT, via the contact information
provided above. This meeting is
physically accessible to people with
disabilities. Requests for sign language
interpretation or other auxiliary aids
should be directed to OEEI at
Megan.Hyndman@trade.gov or (202)
823–1839 no less than one week prior
to the meeting. Requests received after
this date will be accepted, but it may
not be possible to accommodate them.
Written comments concerning ETTAC
affairs are welcome any time before or
after the meeting. To be considered
during the meeting, written comments
must be received by Friday, June 16,
2023, at 5:00 p.m. EDT to ensure
transmission to the members before the
meeting. Minutes will be available
within 30 days of this meeting.
Dated: June 1, 2023.
Man K. Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2023–12083 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–869]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan:
Preliminary Results of Antidumping
Duty Administrative Review, and
Rescission, in Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of subject
AGENCY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37027-37029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12050]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated
November 29, 2022.
---------------------------------------------------------------------------
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 https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\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.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \6\........ 10.39
PT Zinus Global Indonesia................................... 0.00
Non-Examined Companies \7\.................................. 10.39
------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
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