[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)
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PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \5\........       31.17
PT Zinus Global Indonesia...................................        0.00
Non-Examined Companies \6\..................................       31.17
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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