[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37027-37029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12050]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-836]


Mattresses From Indonesia: Preliminary Results of Antidumping 
Duty Administrative Review; 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia 
(collectively, Ecos/Grantec) and the non-individually-examined 
companies for which a review was requested made sales of mattresses 
from Indonesia at prices below normal value (NV), while PT Zinus Global 
Indonesia (Zinus) did not make sales of the subject merchandise at 
prices below NV during the period of review (POR), November 3, 2020, 
through April 30, 2022. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202) 
482-1766, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 14, 2021, Commerce published the antidumping duty order on 
mattresses from Indonesia.\1\ On July 14, 2022, in accordance with 19 
CFR 351.221(c)(1)(i), Commerce initiated an administrative review of 
the Order.\2\
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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, 87 FR 42144 (July 14, 2022).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on November 29, 2022, Commerce determined that it 
was not practicable to complete the preliminary results of this review 
within 245 days and extended the deadline for the preliminary results 
of this review by 120 days, until May 31, 2023.\3\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2022 Antidumping Duty Administrative Review,'' dated 
November 29, 2022.
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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; 2020-2022; 
Mattresses from Indonesia,'' 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. 
For a full description of the scope, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix I to this 
notice.

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information reported by Zinus for the final results.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely {on the basis of facts available{time} .''
    In this review, the preliminary weighted-average dumping margin for 
Ecos/Grantec is not zero, de minimis, or based entirely on facts 
otherwise available, whereas Zinus' preliminary weighted-average 
dumping margin is zero. Therefore, Commerce has preliminarily assigned 
a weighted-average dumping margin to the non-examined companies that is 
equal to the weighted-average dumping margin for Ecos/Grantec in 
accordance with its practice.\5\
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    \5\ See, e.g., Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Results of the Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-1019, 86 FR 28554, 
28555 (May 27, 2021).
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Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period November 3, 2020, through April 
30, 2022:
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    \6\ We are treating these companies as a single entity for 
purposes of this review. For a complete discussion, see Memorandum, 
``Affiliation and Collapsing of PT Ecos Jaya Indonesia and PT 
Grantec Jaya Indonesia,'' dated December 8, 2022.
    \7\ See Appendix II for a list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \6\........       10.39
PT Zinus Global Indonesia...................................        0.00
Non-Examined Companies \7\..................................       10.39
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[[Page 37028]]

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties with an administrative 
protective order within five days after the date of public announcement 
of the preliminary results, or within five days after the publication 
of the preliminary results in the Federal Register.\8\
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    \8\ See 19 CFR 351.224(b).
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    Interested parties will be notified of the deadline for the 
submission of case briefs and written comments at a later date.\9\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\10\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\11\ Executive summaries should be limited to five pages 
total, including footnotes.
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020) (Temporary Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days after the date 
of publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
(3) whether any participant is a foreign national; and (4) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a date 
and time to be determined.
    All briefs and hearing requests must be filed electronically using 
ACCESS \12\ and must be served on interested parties.\13\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\14\
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    \12\ See 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
    For an individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), upon completion of the final results, Commerce intends to 
calculate importer-specific antidumping duty assessment rates on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total entered value of those sales. 
Where we do not have entered values for all U.S. sales to a particular 
importer, we will calculate an importer-specific, per-unit assessment 
rate on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total quantity of 
those sales.\15\ To determine whether an importer-specific, per-unit 
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), 
we also will calculate an importer-specific ad valorem ratio based on 
estimated entered values. Where either a respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we intend to instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\16\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\17\
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    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we intend to assign an antidumping duty assessment rate 
equal to the weighted-average dumping margin determined for the non-
examined companies in the final results of review.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated antidumping duties, where applicable.\18\
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    \18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which the company was reviewed; (3) if the exporter is 
not a firm covered in this review, a prior completed review, or the 
less-than-fair value (LTFV) investigation, but the producer is, then 
the cash deposit rate will be the company-specific rate established for 
the most recently-completed segment of this proceeding for the producer 
of subject merchandise; and (4) the cash deposit rate for all other 
producers and exporters will continue to be 2.22 percent, the all-
others rate established in the LTFV investigation.\19\
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    \19\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of the Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of our analysis of issues raised by the parties in the written 
comments, within 120 days of publication of these preliminary results 
in the Federal Register, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1).

[[Page 37029]]

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. PT. Ateja Multi Industri
8. PT. Ateja Tritunggal
9. PT. Aurora World Cianjur
10. P.T. Barat Daya Gemilang
11. PT. CJ Logistics Indonesia
12. PT. Cahaya Buana Furindotama;
13. PT Celebes Putra Prima
14. PT Demak Putra Mandiri
15. PT. Dinamika Indonusa Prima
16. PT. Dunlopillo Indonesia
17. PT. Dynasti Indomegah
18. PT Graha Anom Jaya
19. PT Graha Seribusatujaya
20. PT Kline Total Logistics Indonesia
21. PT. Massindo International
22. PT. Ocean Centra Furnindo
23. PT. Quantum Tosan Internasional
24. PT. Romance Bedding & Furniture
25. PT. Royal Abadi Sejahtera
26. PT Rubberfoam Indonesia
27. PT Solo Murni Epte
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT

[FR Doc. 2023-12050 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P