Mattresses From Indonesia: Final Results of Antidumping Duty Administrative Review; 2020-2022, 85240-85242 [2023-26899]
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85240
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
VI. Currency Conversion
VII. Recommendation
this review in accordance with section
751 of the Tariff Act of 1930, as
amended (the Act).
[FR Doc. 2023–26859 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–836]
Mattresses From Indonesia: Final
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) 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:
AGENCY:
Background
ddrumheller on DSK120RN23PROD with NOTICES1
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
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
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20:23 Dec 06, 2023
Jkt 262001
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely on the
4
Scope of the Order
basis of facts available.
The merchandise covered by this
In this review, we calculated
Order is mattresses from Indonesia. A
weighted-average dumping margins of
full description of the scope of the
8.40 percent and 6.75 percent for Ecos/
Order is contained in the Issues and
Grantec and Zinus, respectively. With
Decision Memorandum.
two respondents under individual
examination, Commerce normally
Analysis of Comments Received
calculates: (A) a weighted-average of the
We addressed all issues raised in the
estimated dumping rates calculated for
case and rebuttal briefs filed in this
the examined respondents; (B) a simple
administrative review in the Issues and
average of the estimated dumping rates
Decision Memorandum. A list of the
calculated for the examined
issues addressed in the Issues and
respondents; and (C) a weighted-average
Decision Memorandum is included in
of the estimated dumping rates
Appendix I. The Issues and Decision
calculated for the examined respondents
Memorandum is a public document and using each company’s publicly-ranged
is on file electronically via Enforcement U.S. sales values for the merchandise
and Compliance’s Antidumping and
under consideration. Commerce then
Countervailing Duty Centralized
compares (B) and (C) to (A) and selects
Electronic Service System (ACCESS).
the rates closest to (A) as the most
ACCESS is available to registered users
appropriate rate for all other producers
at https://access.trade.gov. In addition, a
and exporters.6 As a result of this
complete version of the Issues and
comparison, we assigned a dumping
Decision Memorandum can be accessed
margin of 7.04 percent to the nondirectly at https://access.trade/gov/
examined companies.7
public/FRNoticesListLayout.aspx.
Final Results of Review
Changes Since the Preliminary Results
We determine that the following
Based on an analysis of the comments
weighted-average dumping margins
received and our findings at
exist for the POR:
verification, we have made changes to
the margin calculations in the
Weighted
Preliminary Results for both Ecos/
-average
5
Grantec and Zinus.
Exporter or producer
dumping
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
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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).
5 See the Issues and Decision Memorandum.
PO 00000
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Fmt 4703
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margin
(percent)
PT Ecos Jaya Indonesia/PT
Grantec Jaya Indonesia 8 ..
PT Zinus Global Indonesia ...
Non-Examined Companies 9
8.40
6.75
7.04
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
Disclosure
We intend to disclose the calculations
performed for these final results of
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 ChangedCircumstances 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.
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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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
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).
ddrumheller on DSK120RN23PROD with NOTICES1
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 importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.11
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
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).
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).
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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20:23 Dec 06, 2023
Jkt 262001
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-fairvalue (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.
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.
13 See
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Order.
Frm 00038
Fmt 4703
Sfmt 4703
85241
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
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85242
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
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
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce
published the Preliminary Results.1 For
events subsequent to the Preliminary
Results, see the Issues and Decision
Memorandum.2
Scope of the Order 3
[FR Doc. 2023–26899 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–112]
Certain Collated Steel Staples From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Tianjin Hweschun Fasteners
Manufacturing Co., Ltd. (Tianjin
Hweschun), the sole mandatory
respondent in this review, did not sell
subject merchandise to the United
States at prices below normal value
(NV) during the period of review (POR),
July 1, 2021, through June 30, 2022.
Commerce further determines that
Zhejiang Best Nail Industrial Co., Ltd.
(Best Nail)/Shaoxing Bohui Import &
Export Co., Ltd. (Shaoxing Bohui)
(collectively, Best Nail/Shaoxing
Bohui), Tianjin Jinyifeng Hardware Co.,
Ltd. (Tianjin Jinyifeng), and Unicorn
Fasteners Co., Ltd. (Unicorn Fasteners)
made no shipments of subject
merchandise from the People’s Republic
of China (China) during the POR.
Commerce also determines that China
Staple (Tianjin) Co., Ltd. (China Staple),
Shanghai Yueda Nails Co., Ltd.
(Shanghai Yueda), and Shijiazhuang
Shuangming Trade Co., Ltd.
(Shijiazhuang Shuangming) have not
established eligibility for a separate rate
and, therefore, are part of the Chinawide entity.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Brian Smith, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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20:23 Dec 06, 2023
Jkt 262001
The merchandise covered by the
Order is certain collated steel staples,
which are primarily classifiable under
subheading 8305.20.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While the
HTSUS subheading is provided for
convenience and for customs purposes,
the written description of the subject
merchandise is dispositive. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I to this notice. 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 https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
margin calculation for Tianjin
Hweschun.4
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Best Nail/
Shaoxing Bohai, Tianjin Jinyifeng, and
Unicorn Fasteners had no shipments of
subject merchandise to the United
States during the POR.5 No party filed
comments with respect to this
preliminary finding and we received no
information to contradict it. Therefore,
we continue to find that these three
companies had no shipments of subject
merchandise during the POR and will
issue appropriate liquidation
instructions that are consistent with our
‘‘automatic assessment’’ clarification for
these final results.6
Separate Rate Eligibility
In our Preliminary Results, we
determined that only Tianjin Hweschun
demonstrated its eligibility for a
separate rate.7 As we received no
information or interested party
arguments to the contrary since the
issuance of the Preliminary Results, we
continue to find that this company is
eligible for a separate rate.
Based on our review of the record,
and comments received from interested
parties regarding our Preliminary
Results, we made one change to the
The China-Wide Entity
In the Preliminary Results, Commerce
found that China Staple, Shanghai
Yueda, and Shijiazhuang Shuangming
did not establish eligibility for a
separate rate because they did not file
timely separate rate applications or
separate rate certifications, as
appropriate.8 No parties submitted
comments on this preliminary finding,
and we continue to determine that each
of these entities did not establish its
eligibility for a separate rate. Therefore,
we determine China Staple, Shanghai
Yueda, and Shijiazhuang Shuangming
to be part of the China-wide entity.
Because no party requested a review of
the China-wide entity, and Commerce
no longer considers the China-wide
entity as an exporter conditionally
subject to administrative reviews,9 we
did not conduct a review of the China-
1 See Certain Collated Steel Staples from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021–
2022, 88 FR 51284 (August 3, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China: Issues
and Decision Memorandum for the Final Results of
the 2021–2022 Antidumping Duty Administrative
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Certain Collated Steel Staples from the
People’s Republic of China: Antidumping Duty
Order, 85 FR 43815 (July 20, 2020) (Order).
4 See Issues and Decision Memorandum for
further discussion; see also Memorandum, ‘‘Final
Results Calculation Memorandum for Tianjin
Hweschun,’’ dated concurrently with this notice.
5 See Preliminary Results, 88 FR at 51284.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
7 See Preliminary Results PDM at 5–7.
8 Id. at 7.
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
Changes Since the Preliminary Results
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07DEN1
Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85240-85242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26899]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
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\
---------------------------------------------------------------------------
\5\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted -
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \8\.... 8.40
PT Zinus Global Indonesia............................... 6.75
Non-Examined Companies \9\.............................. 7.04
------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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