Mattresses From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 47528-47531 [2024-12115]
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
Final Determination of No Shipments
In the Preliminary Determination of
No Shipments, Commerce determined
that Surya did not have knowledge that
the subject merchandise was destined
for the United States, and, thus, Surya
is not considered the exporter of subject
merchandise during the POR for the
purposes of this review.3 As no parties
commented on the determination and
we have not received any information to
contradict this determination, for the
final results of review, we continue to
find that Surya made no shipments of
subject merchandise to the United
States during the POR.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in final results within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of these final results in the
Federal Register, in accordance with 19
CFR 351.224(b). However, as there were
no calculations performed in this
administrative review, there are no
calculations to disclose.
Assessment Rates
For entries of subject merchandise
during the POR produced by Surya, we
will instruct CBP to liquidate suspended
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.4
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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective for all shipments
of 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withdrawn from warehouse, for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) for
merchandise exported by a producer or
exporter not covered in this review but
Preliminary Determination of No Shipments
PDM at 3–4.
4 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently-completed segment of this
proceeding; (2) 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 has been covered in a prior
completed segment of this proceeding,
the cash deposit rate will be the
company-specific rate established for
the most recent period for the producer
of the merchandise; (3) the cash deposit
rate for all other producers or exporters
will continue to be 7.08 percent,5 the
all-others rate established in the LTFV
investigation. 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 the 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 final
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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
3 See
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5 See Antidumping Duty Order; Certain Welded
Carbon Steel Standard Pipes and Tubes from India,
51 FR at 17384 (May 12, 1986).
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Sfmt 4703
Dated: May 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–12121 Filed 5–31–24; 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; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that PT Ecos Jaya Indonesia
and PT Grantec Jaya Indonesia
(collectively, Ecos/Grantec), and the
non-individually-examined companies
for which a review was requested made
sales of mattresses from Indonesia at
prices below normal value (NV) during
the period of review (POR), May 1,
2022, through April 30, 2023.
Additionally, Commerce preliminarily
determines that PT Zinus Global
Indonesia (Zinus Indonesia) did not
make sales of mattresses from Indonesia
at prices below NV during the POR. We
invite interested parties to comment on
these preliminary results.
SUMMARY:
DATES:
Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4929 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2021, Commerce
published the antidumping duty (AD)
order on mattresses from Indonesia.1 On
July 12, 2023, in accordance with 19
CFR 351.221(c)(1)(i), Commerce
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).
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
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 January 10, 2024, Commerce
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for the preliminary results
of this review by 120 days, until May
30, 2024.3
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. The
product is currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
9404.21.0010, 9404.21.0013,
9404.29.1005, 9404.29.1013,
9404.29.9085, and 9404.29.9087.
Products subject to this review may also
enter under HTSUS subheadings
9404.21.0095, 9404.29.1095,
9404.29.9095, 9401.40.0000, and
9401.90.5081. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
product description of the scope of the
Order is dispositive. For a full
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act. Export
price and constructed export price are
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
lotter on DSK11XQN23PROD with NOTICES1
2 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
44262 (July 12, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022–2023 Antidumping
Duty Administrative Review,’’ dated January 10,
2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review of Mattresses from
Indonesia; 2022–2023,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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47529
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.
these preliminary results to interested
parties within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.7
Rate for Non-Examined Companies
Rebuttal briefs, limited to issues raised
The statute and Commerce’s
in the case briefs, may be filed not later
regulations do not address the
than five days after the date for filing
establishment of a weighted-average
case briefs.8 Interested parties who
dumping margin to be determined for
submit case or rebuttal briefs in this
companies not selected for individual
proceeding must submit: (1) a table of
examination when Commerce limits its
contents listing each issue; and (2) a
examination in an administrative review table of authorities.9 Case and rebuttal
pursuant to section 777A(c)(2) of the
briefs should be filed using ACCESS.
Act. Generally, Commerce looks to
As provided under 19 CFR
section 735(c)(5) of the Act, which
351.309(c)(2) and (d)(2), in prior
provides instructions for calculating the proceedings we have encouraged
all-others rate in an investigation, for
interested parties to provide an
guidance when determining the
executive summary of their brief that
weighted-average dumping margin for
should be limited to five pages total,
companies which were not selected for
including footnotes. In this review, we
individual examination in an
instead request that interested parties
administrative review. Under section
provide at the beginning of their briefs
735(c)(5)(A) of the Act, the all-others
a public, executive summary for each
rate is normally ‘‘an amount equal to the issue raised in their briefs.10 Further, we
request that interested parties limit their
weighted average of the estimated
executive summary of each issue to no
weighted average dumping margins
more than 450 words, not including
established for exporters and producers
individually investigated, excluding any citations. We intend to use the executive
summaries as the basis of the comment
zero and de minimis margins, and any
summaries included in the issues and
margins determined entirely {on the
decision memorandum that will
basis of facts available}.’’
We preliminarily calculated dumping accompany the final results in this
administrative review. We request that
margins for the two mandatory
interested parties include footnotes for
respondents, Ecos/Grantec and Zinus
relevant citations in the executive
Indonesia, of 31.17 percent and 0.00
summary of each issue. Note that
percent, respectively, and we have
Commerce has amended certain of its
assigned to the non-selected companies
a rate of 31.17 percent, which is the rate requirements pertaining to the service of
documents in 19 CFR 351.303(f).11
for Ecos/Grantec.
Pursuant to 19 CFR 351.310(c),
Preliminary Results of the Review
interested parties who wish to request a
We preliminarily determine that the
hearing must submit a written request to
following weighted-average dumping
the Assistant Secretary for Enforcement
margins exist for the period May 1,
and Compliance, filed electronically via
2022, through April 30, 2023:
ACCESS. Requests should contain: (1)
the party’s name, address, and
Weighted- telephone number; (2) the number of
average
participants and whether any
Exporter or producer
dumping
participant is a foreign national; and (3)
margin
a list of issues to be discussed. Issues
(percent)
raised in the hearing will be limited to
PT Ecos Jaya Indonesia/PT
those raised in the respective case
Grantec Jaya Indonesia 5 ........
31.17 briefs. An electronically filed hearing
PT Zinus Global Indonesia .........
Non-Examined Companies 6 ......
0.00
31.17
Disclosure and Public Comment
Commerce intends to disclose its
calculations and analysis performed for
5 We are treating these companies as a single
entity for purposes of this review. For a complete
discussion, see Memorandum, ‘‘Affiliation and
Collapsing of PT Ecos Jaya Indonesia and PT
Grantec Jaya Indonesia,’’ dated December 8, 2022.
6 See Appendix II for a list of these companies.
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7 See 19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
9 See 19 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
11 See APO and Service Final Rule.
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
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request must be received successfully in
its entirety via ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce intends to determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
merchandise covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this administrative
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For an individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent),
upon completion of the final results,
Commerce intends to calculate
importer-specific AD assessment rates
on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales to the total
entered value of those sales. Where we
do not have entered values for all U.S.
sales to a particular importer, we will
calculate an importer-specific, per-unit
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total quantity of those
sales.12 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. Where either a
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific assessment rate is zero
or de minimis, we intend to instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.13
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
12 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).
13 See
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18:00 May 31, 2024
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entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.14
For the companies which were not
selected for individual examination, we
intend to assign an AD assessment rate
equal to the dumping margin
determined for Ecos/Grantec in the final
results of review.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future cash
deposits of estimated antidumping
duties, where applicable.15
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.16
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
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
15 See section 751(a)(2)(C) of the Act.
16 See Order.
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in the written comments, within 120
days of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: May 28, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II—Companies Not Selected
for Individual Examination
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. PT. Ateja Multi Industri
8. PT. Ateja Tritunggal
9. PT. Aurora World Cianjur
10. P.T. Barat Daya Gemilang
11. PT. CJ Logistics Indonesia
12. PT. Cahaya Buana Furindotama;
13. PT Celebes Putra Prima
14. PT Champion Mattress Indonesia
Manufacturing
15. PT Demak Putra Mandiri
16. PT. Dinamika Indonusa Prima
17. PT. Dunlopillo Indonesia
18. PT. Dynasti Indomegah
19. PT Graha Anom Jaya
20. PT Graha Seribusatujaya
21. PT Kline Total Logistics Indonesia
22. PT. Massindo International
23. PT. Ocean Centra Furnindo
24. PT. Quantum Tosan Internasional
25. PT. Romance Bedding & Furniture
26. PT. Royal Abadi Sejahtera
27. PT Rubberfoam Indonesia
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28. PT Solo Murni Epte
29. PT. Transporindo Buana Kargotama
30. Sonder Canada Inc
31. Super Poly Industry PT
[FR Doc. 2024–12115 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–844]
Certain Carbon and Alloy Steel Cut-toLength Plate From the Federal
Republic of Germany: Preliminary
Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain carbon and alloy
steel cut-to-length plate (CTL plate)
from the Federal Republic of Germany
(Germany) is not being, or is not likely
to be, sold in the United States at less
than normal value (NV) during the
period of review (POR) May 1, 2022,
through April 30, 2023.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On July 12, 2023, based on a timely
request for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on CTL plate
from Germany.1 This review covers one
producer/exporter of the subject
merchandise, AG der Dillinger
Hüttenwerke (Dillinger). On January 11,
2024, we extended the preliminary
results of this review to no later than
May 24, 2024.2 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022–2023 Antidumping
Duty Administrative Review,’’ dated January 11,
2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022–2023
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-ToLength Plate from the Federal Republic of
Germany,’’ dated concurrently with, and hereby
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Scope of the Order
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Germany.
Products subject to the order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and
7226.91.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive.4
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.5 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.6 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.7 All briefs must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety in
ACCESS by 5:00 p.m. Eastern Time on
the established deadline.
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
Methodology
proceedings we have encouraged
Commerce is conducting this review
interested parties to provide an
in accordance with section 751(a) of the executive summary of their briefs that
Tariff Act of 1930, as amended (the Act). should be limited to five pages total,
Export price is calculated in accordance including footnotes. In this review, we
with section 772 of the Act. NV is
instead request that interested parties
calculated in accordance with section
provide at the beginning of their briefs
773 of the Act. For a full description of
a public, executive summary for each
the methodology underlying our
issue raised in their briefs.8 Further, we
conclusions, see the Preliminary
request that interested parties limit their
Decision Memorandum. The
executive summary of each issue to no
Preliminary Decision Memorandum is a more than 450 words, not including
public document and is on file
citations. We intend to use the executive
electronically via Enforcement and
summaries as the basis of the comment
Compliance’s Antidumping and
summaries included in the issues and
Countervailing Duty Centralized
decision memorandum that will
Electronic Service System (ACCESS).
accompany the final results in this
ACCESS is available to registered users
administrative review. We request that
at https://access.trade.gov. In addition, a interested parties include footnotes for
complete version of the Preliminary
relevant citations in the executive
Decision Memorandum can be accessed summary of each issue. Note that
directly at https://access.trade.gov/
Commerce has amended certain of its
public/FRNoticesListLayout.aspx. A list requirements pertaining to the service of
of the topics discussed in the
documents in 19 CFR 351.303(f).9
Preliminary Decision Memorandum is
Pursuant to 19 CFR 351.310(c),
attached as an appendix to this notice.
interested parties who wish to request a
hearing must submit a written request to
Preliminary Results of the Review
the Assistant Secretary for Enforcement
As a result of this review, we
and Compliance, filed electronically via
preliminarily determine that the
ACCESS by 5:00 p.m. Eastern Time
following weighted-average dumping
within 30 days after the date of
margin exists for the period May 1,
publication of this notice. Requests
2022, through April 30, 2023:
should contain: (1) the party’s name,
Weightedaverage
dumping
margin
(percent)
Producer/
exporter
AG der Dillinger Hüttenwerke .....
0.00
adopted by, this notice (Preliminary Decision
Memorandum).
4 For a complete description of the scope of the
order, see the Preliminary Decision Memorandum.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
5 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
7 See 19 351.309(c)(2) and (d)(2).
8 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
9 See APO and Final Service Rule.
6 See
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47528-47531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12115]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Preliminary Results of Antidumping
Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia
(collectively, Ecos/Grantec), and the non-individually-examined
companies for which a review was requested made sales of mattresses
from Indonesia at prices below normal value (NV) during the period of
review (POR), May 1, 2022, through April 30, 2023. Additionally,
Commerce preliminarily determines that PT Zinus Global Indonesia (Zinus
Indonesia) did not make sales of mattresses from Indonesia at prices
below NV during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2021, Commerce published the antidumping duty (AD) order
on mattresses from Indonesia.\1\ On July 12, 2023, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
[[Page 47529]]
initiated an administrative review of the Order.\2\
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\1\ See Mattresses from Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Republic of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Determination for Cambodia, 86 FR 26460 (May 14, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 44262 (July 12, 2023).
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on January 10, 2024, Commerce determined that it was
not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review by 120 days, until May 30, 2024.\3\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
January 10, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
The Preliminary Decision Memorandum is a public document and is
available via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at 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.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review of Mattresses from
Indonesia; 2022-2023,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are mattresses from Indonesia.
The product is currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 9404.21.0010,
9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and
9404.29.9087. Products subject to this review may also enter under
HTSUS subheadings 9404.21.0095, 9404.29.1095, 9404.29.9095,
9401.40.0000, and 9401.90.5081. The HTSUS subheadings are provided for
convenience and customs purposes only; the written product description
of the scope of the Order is dispositive. For a full description of the
scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Export price and constructed export
price are calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying these preliminary results,
see the Preliminary Decision Memorandum. A list of topics included in
the Preliminary Decision Memorandum is included as Appendix I to this
notice.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
We preliminarily calculated dumping margins for the two mandatory
respondents, Ecos/Grantec and Zinus Indonesia, of 31.17 percent and
0.00 percent, respectively, and we have assigned to the non-selected
companies a rate of 31.17 percent, which is the rate for Ecos/Grantec.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2022, through April 30,
2023:
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\5\ We are treating these companies as a single entity for
purposes of this review. For a complete discussion, see Memorandum,
``Affiliation and Collapsing of PT Ecos Jaya Indonesia and PT
Grantec Jaya Indonesia,'' dated December 8, 2022.
\6\ See Appendix II for a list of these companies.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \5\........ 31.17
PT Zinus Global Indonesia................................... 0.00
Non-Examined Companies \6\.................................. 31.17
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed for these preliminary results to interested parties within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\7\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\8\ Interested parties who submit case or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\9\ Case and rebuttal briefs
should be filed using ACCESS.
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\7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. An electronically filed hearing
[[Page 47530]]
request must be received successfully in its entirety via ACCESS by 5
p.m. Eastern Time within 30 days after the date of publication of this
notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), upon completion of the final results, Commerce intends to
calculate importer-specific AD assessment rates on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales. Where we do
not have entered values for all U.S. sales to a particular importer, we
will calculate an importer-specific, per-unit assessment rate on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales to the total quantity of those sales.\12\ To
determine whether an importer-specific, per-unit assessment rate is de
minimis, in accordance with 19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad valorem ratio based on estimated
entered values. Where either a respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we intend to instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by each
individually-examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\14\
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\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, we intend to assign an AD assessment rate equal to the
dumping margin determined for Ecos/Grantec in the final results of
review.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated antidumping duties, where applicable.\15\
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\15\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not covered in
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior completed review, or the
less-than-fair value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the company-specific rate established for
the most recently-completed segment of this proceeding for the producer
of subject merchandise; and (4) the cash deposit rate for all other
producers and exporters will continue to be 2.22 percent, the all-
others rate established in the LTFV investigation.\16\
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\16\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of the Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of our analysis of issues raised by the parties in the written
comments, within 120 days of publication of these preliminary results
in the Federal Register, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 28, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II--Companies Not Selected for Individual Examination
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. PT. Ateja Multi Industri
8. PT. Ateja Tritunggal
9. PT. Aurora World Cianjur
10. P.T. Barat Daya Gemilang
11. PT. CJ Logistics Indonesia
12. PT. Cahaya Buana Furindotama;
13. PT Celebes Putra Prima
14. PT Champion Mattress Indonesia Manufacturing
15. PT Demak Putra Mandiri
16. PT. Dinamika Indonusa Prima
17. PT. Dunlopillo Indonesia
18. PT. Dynasti Indomegah
19. PT Graha Anom Jaya
20. PT Graha Seribusatujaya
21. PT Kline Total Logistics Indonesia
22. PT. Massindo International
23. PT. Ocean Centra Furnindo
24. PT. Quantum Tosan Internasional
25. PT. Romance Bedding & Furniture
26. PT. Royal Abadi Sejahtera
27. PT Rubberfoam Indonesia
[[Page 47531]]
28. PT Solo Murni Epte
29. PT. Transporindo Buana Kargotama
30. Sonder Canada Inc
31. Super Poly Industry PT
[FR Doc. 2024-12115 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
