Mattresses From Indonesia: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 91335-91337 [2024-26906]
Download as PDF
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
uncoated, that has been folded (or creased in
preparation to be folded), glued, taped,
bound, or otherwise assembled to be suitable
for holding documents. The scope includes
all such folders, regardless of color, whether
or not expanding, whether or not laminated,
and with or without tabs, fasteners, closures,
hooks, rods, hangers, pockets, gussets, or
internal dividers. The term ‘‘primarily’’ as
used in the first sentence of this scope means
50 percent or more of the total product
weight, exclusive of the weight of fasteners,
closures, hooks, rods, hangers, removable
tabs, and similar accessories, and exclusive
of the weight of the packaging.
Subject folders have the following
dimensions in their folded and closed
position: lengths and widths of at least 8
inches and no greater than 17 inches,
regardless of depth.
The scope covers all varieties of folders,
including but not limited to manila folders,
hanging folders, fastener folders,
classification folders, expanding folders,
pockets, jackets, and wallets.
Excluded from the scope are:
• mailing envelopes with a flap bearing
one or more adhesive strips that can be used
permanently to seal the entire length of a side
such that, when sealed, the folder is closed
on all four sides;
• binders, with two or more rings to hold
documents in place, made of paperboard or
pressboard encased entirely in plastic;
• binders consisting of a front cover, back
cover, and spine, with or without a flap; to
be excluded, a mechanism with two or more
metal rings must be included on or adjacent
to the interior spine;
• non-expanding folders with a depth
exceeding 2.5 inches and that are closed or
closeable on the top, bottom, and all four
sides (e.g., boxes or cartons);
• expanding folders that have: (1) 13 or
more pockets; (2) a flap covering the top; (3)
a latching mechanism made of plastic and/
or metal to close the flap; and (4) an affixed
plastic or metal carry handle;
• folders that have an outer surface (other
than the gusset, handles, and/or closing
mechanisms, if any) that is covered entirely
with fabric, leather, and/or faux leather;
• fashion folders, which are defined as
folders with all of the following
characteristics: (1) plastic lamination
covering the entire exterior of the folder; (2)
printing, foil stamping, embossing (i.e.,
raised relief patterns that are recessed on the
opposite side), and/or debossing (i.e.,
recessed relief patterns that are raised on the
opposite side), covering the entire exterior
surface area of the folder; (3) at least two
visible and printed or foil stamped colors
(other than the color of the base paper), each
of which separately covers no less than 10
percent of the entire exterior surface area;
and (4) patterns, pictures, designs, or artwork
covering no less than thirty percent of the
exterior surface area of the folder;
• portfolios, which are folders having: (1)
a width of at least 16 inches when open flat;
(2) no tabs or dividers; and (3) one or more
pockets that are suitable for holding letter
size documents and that cover at least 15
percent of the surface area of the relevant
interior side or sides; and
VerDate Sep<11>2014
17:42 Nov 18, 2024
Jkt 265001
• report covers, which are folders having:
(1) no tabs, dividers, or pockets; and (2) one
or more fasteners or clips, each of which is
permanently affixed to the center fold, to
hold papers securely in place.
Imports of the subject merchandise are
provided for under Harmonized Tariff
Schedule of the United States (HTSUS)
category 4820.30.0040. Subject imports may
also enter under other HTSUS classifications.
While the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
[FR Doc. 2024–26888 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–560–836]
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
Mattresses From Indonesia: Final
Results and Partial Rescission of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
PT Ecos Jaya Indonesia and PT Grantec
Jaya Indonesia (collectively, Ecos/
Grantec) and one non-individually
examined company made sales of
subject merchandise in the United
States at prices below normal value
(NV) during the period of review (POR),
May 1, 2022, through April 30, 2023.
Additionally, Commerce determines
that PT. Zinus Global Indonesia (Zinus
Indonesia) did not make sales of
mattresses from Indonesia at prices
below NV during the POR. Moreover,
we are rescinding this review with
respect to one company that withdrew
its request for review and 29 companies
that had no reviewable entries during
the POR.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Noah Wetzel, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1766 or (202) 482–7466,
respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2024, Commerce published
the Preliminary Results of this
administrative review and invited
Frm 00023
interested parties to comment.1 On July
23, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 On October
2, 2024, Commerce extended the
deadline for the final results of this
administrative review until November
12, 2024.3 For a summary of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.4 Commerce conducted
this review in accordance with section
751 of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 5
DEPARTMENT OF COMMERCE
PO 00000
91335
Fmt 4703
Sfmt 4703
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, we made one change to the
margin calculation in the Preliminary
Results for Ecos/Grantec.6
1 See Mattresses from Indonesia: Preliminary
Results of Antidumping Duty Administrative
Review; 2022–2023, 89 FR 47528 (June 3, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 23, 2024.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2022–2023 Antidumping Duty
Administrative Review,’’ dated October 2, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2022–
2023 Antidumping Duty Administrative Review:
Mattresses from Indonesia,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
5 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, Republic of Turkey,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Determination for
Cambodia, 86 FR 26460 (May 14, 2021) (Order).
6 See Issues and Decision Memorandum at 4.
E:\FR\FM\19NON1.SGM
19NON1
91336
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if all parties who requested a
review withdraw their requests within
90 days of the date that the notice of
initiation of the requested review was
published in the Federal Register. In the
Preliminary Results, we intended to
rescind this review with respect to PT
Champion Mattress Indonesia
Manufacturing (PTC) because PTC had
timely withdrawn its request for review
and no other interested party requested
a review of this company. However,
because we inadvertently did not
rescind this review with respect to PTC
in the Preliminary Results, we issued an
intent-to-rescind memorandum and
provided interested parties with the
opportunity to comment on this matter.7
Because PTC timely withdrew its
request for review of itself and no other
parties requested a review of PTC,
Commerce is rescinding this
administrative review with respect to
PTC.
Pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR
subject to the antidumping duty order
for which liquidation is suspended,
Commerce may also rescind an
administrative review, in whole or only
with respect to a particular exporter or
producer.8 At the end of the
administrative review, any suspended
entries are liquidated at the assessment
rate computed for the review period.9
Therefore, for an administrative review
to be conducted, there must be a
reviewable, suspended entry to be
liquidated at the newly calculated
assessment rate. On October 3, 2024,
Commerce informed interested parties
that it intended to rescind this review
with respect to 29 companies because
those companies had no reviewable,
suspended entries of subject
merchandise and invited parties to
comment.10 We received no comments
on our preliminary rescission of the
review with respect to these companies.
Accordingly, in the absence of
suspended entries of subject
merchandise during the POR for these
7 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated June 4, 2024.
8 See, e.g., Forged Steel Fittings from Taiwan:
Rescission of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 71317, 71318 (November
9, 2020); see also Certain Circular Welded NonAlloy Steel Pipe from Mexico: Rescission of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 54084 (October 26, 2018).
9 See 19 CFR 351.212(b)(1).
10 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated October 3, 2024.
VerDate Sep<11>2014
17:42 Nov 18, 2024
Jkt 265001
29 companies for which this review was
initiated, we are hereby rescinding this
administrative review, in part, with
respect to these companies, in
accordance with 19 CFR
351.213(d)(3).11
Rate for Non-Examined Respondent
The statute and Commerce’s
regulations do not address the
establishment of a weighted-average
dumping margin to be determined for
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when determining the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’ We calculated a
dumping margin for Ecos/Grantec that is
not zero, de minimis, or determined
entirely on the basis of facts available.
Accordingly, we assigned a margin of
30.32 percent based on Ecos/Grantec’s
calculated weighted-average dumping
margin to the non-selected respondent,
PT Graha Seribusatujaya.
of this review and for future deposits of
estimated duties, where applicable.13
Disclosure
We intend to disclose the calculations
performed for these final results of
review to interested parties within five
days of the date of publication of this
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Pursuant to 19 CFR 351.212(b)(1),
where the respondent Ecos/Grantec
reported the entered value for their U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of those sales. Where Ecos/
Grantec did not report entered value, we
calculated an importer-specific, per-unit
assessment rate based on the ratio of the
Final Results of Review
total amount of dumping calculated for
We determine that the following
the importer’s examined sales to the
weighted-average dumping margins
total quantity of those sales. For Zinus
exist for the POR:
Indonesia, whose weighted-average
dumping margin is zero, and for any
Weighted- importers whose importer-specific
average
assessment rate is zero or de minimis,
Exporter or producer
dumping
we will instruct CBP to liquidate the
margin
(percent)
appropriate entries without regard to
antidumping duties.14
PT Ecos Jaya Indonesia/PT
Commerce’s ‘‘automatic assessment’’
Grantec Jaya Indonesia 12 ......
30.32 practice will apply to entries of subject
PT. Zinus Global Indonesia ........
0.00
merchandise during the POR produced
PT Graha Seribusatujaya ...........
30.32
by Ecos/Grantec or Zinus Indonesia for
which the reviewed companies did not
The final results of this review shall
know that the merchandise they sold to
be the basis for the assessment of
the intermediary (e.g., a reseller, trading
antidumping duties on entries of
merchandise covered by the final results company, or exporter) was destined for
the United States. In such instances, we
11 See appendix II, where all companies for which
we have rescinded this review are listed.
12 We are treating these companies as a single
entity for purposes of this review. For a complete
discussion, see Memorandum, ‘‘Affiliation and
Collapsing of PT Ecos Jaya Indonesia and PT
Grantec Jaya Indonesia,’’ dated December 8, 2022.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
13 See
section 751(a)(2)(C) of the Act.
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).
14 See
E:\FR\FM\19NON1.SGM
19NON1
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.15
For the company that was not selected
for individual review, we assigned an
assessment rate calculated as noted in
the ‘‘Rate for Non-Examined
Respondent’’ section, above.
For the companies for which this
review is rescinded with these final
results (see appendix II), we will
instruct CBP to assess antidumping
duties on any suspended entries at a
rate equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
POR, in accordance with 19 CFR
351.212(c)(1)(i).
ddrumheller on DSK120RN23PROD with NOTICES1
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.16 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
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Order.
VerDate Sep<11>2014
17:42 Nov 18, 2024
Jkt 265001
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Treatment of Disputed
Expenses
Comment 2: Application of the
Transactions Disregarded Rule
VI. Recommendation
Appendix II
List of Companies for Which We Are
Rescinding the Administrative Review
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. P.T. Barat Daya Gemilang
8. PT Celebes Putra Prima
9. PT Champion Mattress Indonesia
Manufacturing
10. PT Demak Putra Mandiri
11. PT Graha Anom Jaya
12. PT Kline Total Logistics Indonesia
13. PT Rubberfoam Indonesia
14. PT Solo Murni Epte
15. PT. Ateja Multi Industri
16. PT. Ateja Tritunggal
17. PT. Aurora World Cianjur
18. PT. Cahaya Buana Furindotama
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
91337
19. PT. CJ Logistics Indonesia
20. PT. Dinamika Indonusa Prima
21. PT. Dunlopillo Indonesia
22. PT. Dynasti Indomegah
23. PT. Massindo International
24. PT. Ocean Centra Furnindo
25. PT. Quantum Tosan Internasional
26. PT. Romance Bedding & Furniture
27. PT. Royal Abadi Sejahtera
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT
[FR Doc. 2024–26906 Filed 11–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Preliminary Results and Rescission, in
Part, 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
finds that producers and/or exporters of
stainless steel flanges (flanges) from
India made sales of subject merchandise
in the United States at prices below
normal value (NV) during the period of
review (POR) October 1, 2022, through
September 30, 2023. In addition, we are
rescinding this review for three
companies. We invite interested parties
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Eric Chen, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4725 or (202) 482–2860,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, Commerce
published in the Federal Register an
antidumping duty order on flanges from
India.1 On December 6, 2023, based on
timely requests for review, Commerce
initiated an administrative review (AD)
of the Order covering 16 companies, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the
1 See Stainless Steel Flanges from India:
Antidumping Duty Order, 83 FR 50639 (October 9,
2018) (Order).
E:\FR\FM\19NON1.SGM
19NON1
Agencies
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91335-91337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26906]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-836]
Mattresses From Indonesia: Final Results and Partial Rescission
of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that PT
Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/
Grantec) and one non-individually examined company made sales of
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR), May 1, 2022, through April 30,
2023. Additionally, Commerce determines that PT. Zinus Global Indonesia
(Zinus Indonesia) did not make sales of mattresses from Indonesia at
prices below NV during the POR. Moreover, we are rescinding this review
with respect to one company that withdrew its request for review and 29
companies that had no reviewable entries during the POR.
DATES: Applicable November 19, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Noah Wetzel, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202)
482-7466, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2024, Commerce published the Preliminary Results of this
administrative review and invited interested parties to comment.\1\ On
July 23, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On October 2, 2024, Commerce extended the
deadline for the final results of this administrative review until
November 12, 2024.\3\ For a summary of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\4\
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Mattresses from Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 47528 (June
3, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 23, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated October 2,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Antidumping Duty Administrative
Review: Mattresses from Indonesia,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Mattresses from Cambodia, Indonesia, Malaysia, Serbia,
Thailand, Republic of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Determination for Cambodia, 86 FR 26460 (May 14, 2021) (Order).
---------------------------------------------------------------------------
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, we made one change
to the margin calculation in the Preliminary Results for Ecos/
Grantec.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at 4.
---------------------------------------------------------------------------
[[Page 91336]]
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties who
requested a review withdraw their requests within 90 days of the date
that the notice of initiation of the requested review was published in
the Federal Register. In the Preliminary Results, we intended to
rescind this review with respect to PT Champion Mattress Indonesia
Manufacturing (PTC) because PTC had timely withdrawn its request for
review and no other interested party requested a review of this
company. However, because we inadvertently did not rescind this review
with respect to PTC in the Preliminary Results, we issued an intent-to-
rescind memorandum and provided interested parties with the opportunity
to comment on this matter.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated June 4, 2024.
---------------------------------------------------------------------------
Because PTC timely withdrew its request for review of itself and no
other parties requested a review of PTC, Commerce is rescinding this
administrative review with respect to PTC.
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the
antidumping duty order for which liquidation is suspended, Commerce may
also rescind an administrative review, in whole or only with respect to
a particular exporter or producer.\8\ At the end of the administrative
review, any suspended entries are liquidated at the assessment rate
computed for the review period.\9\ Therefore, for an administrative
review to be conducted, there must be a reviewable, suspended entry to
be liquidated at the newly calculated assessment rate. On October 3,
2024, Commerce informed interested parties that it intended to rescind
this review with respect to 29 companies because those companies had no
reviewable, suspended entries of subject merchandise and invited
parties to comment.\10\ We received no comments on our preliminary
rescission of the review with respect to these companies. Accordingly,
in the absence of suspended entries of subject merchandise during the
POR for these 29 companies for which this review was initiated, we are
hereby rescinding this administrative review, in part, with respect to
these companies, in accordance with 19 CFR 351.213(d)(3).\11\
---------------------------------------------------------------------------
\8\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\9\ See 19 CFR 351.212(b)(1).
\10\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated October 3, 2024.
\11\ See appendix II, where all companies for which we have
rescinded this review are listed.
---------------------------------------------------------------------------
Rate for Non-Examined Respondent
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review.
Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .'' We calculated a dumping margin for Ecos/Grantec
that is not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, we assigned a margin of 30.32 percent
based on Ecos/Grantec's calculated weighted-average dumping margin to
the non-selected respondent, PT Graha Seribusatujaya.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \12\....... 30.32
PT. Zinus Global Indonesia.................................. 0.00
PT Graha Seribusatujaya..................................... 30.32
------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\13\
---------------------------------------------------------------------------
\12\ We are treating these companies as a single entity for
purposes of this review. For a complete discussion, see Memorandum,
``Affiliation and Collapsing of PT Ecos Jaya Indonesia and PT
Grantec Jaya Indonesia,'' dated December 8, 2022.
\13\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these final
results of review to interested parties within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Pursuant to 19 CFR 351.212(b)(1), where the respondent Ecos/Grantec
reported the entered value for their U.S. sales, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of those sales. Where Ecos/Grantec did
not report entered value, we calculated an importer-specific, per-unit
assessment rate based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales. For Zinus Indonesia, whose weighted-average dumping margin
is zero, and for any importers whose importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\14\
---------------------------------------------------------------------------
\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Ecos/Grantec or Zinus
Indonesia for which the reviewed companies did not know that the
merchandise they sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, we
[[Page 91337]]
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\15\
---------------------------------------------------------------------------
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the company that was not selected for individual review, we
assigned an assessment rate calculated as noted in the ``Rate for Non-
Examined Respondent'' section, above.
For the companies for which this review is rescinded with these
final results (see appendix II), we will instruct CBP to assess
antidumping duties on any suspended entries at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed
companies will be equal to the weighted-average dumping margin
established in the final results of this review; (2) for producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the most recently completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established in the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 2.22 percent, the all-others
rate established in the LTFV investigation in this proceeding.\16\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\16\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: November 12, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Treatment of Disputed Expenses
Comment 2: Application of the Transactions Disregarded Rule
VI. Recommendation
Appendix II
List of Companies for Which We Are Rescinding the Administrative Review
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. P.T. Barat Daya Gemilang
8. PT Celebes Putra Prima
9. PT Champion Mattress Indonesia Manufacturing
10. PT Demak Putra Mandiri
11. PT Graha Anom Jaya
12. PT Kline Total Logistics Indonesia
13. PT Rubberfoam Indonesia
14. PT Solo Murni Epte
15. PT. Ateja Multi Industri
16. PT. Ateja Tritunggal
17. PT. Aurora World Cianjur
18. PT. Cahaya Buana Furindotama
19. PT. CJ Logistics Indonesia
20. PT. Dinamika Indonusa Prima
21. PT. Dunlopillo Indonesia
22. PT. Dynasti Indomegah
23. PT. Massindo International
24. PT. Ocean Centra Furnindo
25. PT. Quantum Tosan Internasional
26. PT. Romance Bedding & Furniture
27. PT. Royal Abadi Sejahtera
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT
[FR Doc. 2024-26906 Filed 11-18-24; 8:45 am]
BILLING CODE 3510-DS-P