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Notice

Mattresses From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023

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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.

Key Dates
Citation: 89 FR 47528
Applicable June 3, 2024.
Public Participation

In Plain English

What is this Federal Register notice?

This is a notice published in the Federal Register by Commerce Department, International Trade Administration. Notices communicate information, guidance, or policy interpretations but may not create new binding obligations.

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This document is classified as a notice. It may or may not create enforceable regulatory obligations depending on its specific content.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

Applicable June 3, 2024.

Why it matters: This notice communicates agency policy or guidance regarding applicable regulations.

Document Details

Document Number2024-12115
FR Citation89 FR 47528
TypeNotice
PublishedJun 3, 2024
Effective Date-
RIN-
Docket IDA-560-836
Pages47528–47531 (4 pages)
Text FetchedYes

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Full Document Text (2,592 words · ~13 min read)

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-560-836]</DEPDOC> <SUBJECT>Mattresses From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable June 3, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On May 14, 2021, Commerce published the antidumping duty (AD) order on mattresses from Indonesia. <SU>1</SU> <FTREF/> On July 12, 2023, in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative review of the <E T="03">Order.</E> <SU>2</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">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,</E> 86 FR 26460 (May 14, 2021) ( <E T="03">Order</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 89 FR 44262 (July 12, 2023). </FTNT> 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. <SU>3</SU> <FTREF/> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of 2022-2023 Antidumping Duty Administrative Review,” dated January 10, 2024. </FTNT> For a detailed description of the events that followed the initiation of this review, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>4</SU> <FTREF/> 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Preliminary Decision Memorandum can be found at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>4</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by the <E T="03">Order</E> 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 <E T="03">Order</E> is dispositive. For a full description of the scope, <E T="03">see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Methodology</HD> 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, <E T="03">see</E> the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. <HD SOURCE="HD1">Rate for Non-Examined Companies</HD> 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 <E T="03">de minimis</E> margins, and any margins determined entirely {on the basis of facts available}.” 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. <HD SOURCE="HD1">Preliminary Results of the Review</HD> We preliminarily determine that the following weighted-average dumping margins exist for the period May 1, 2022, through April 30, 2023: <FTREF/> <FTNT> <SU>5</SU>  We are treating these companies as a single entity for purposes of this review. For a complete discussion, <E T="03">see</E> Memorandum, “Affiliation and Collapsing of PT Ecos Jaya Indonesia and PT Grantec Jaya Indonesia,” dated December 8, 2022. <SU>6</SU>   <E T="03">See</E> Appendix II for a list of these companies. </FTNT> <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,9"> <TTITLE> </TTITLE> <CHED H="1">Exporter or producer</CHED> PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia  <SU>5</SU> </ENT> <ENT>31.17</ENT> </ROW> <ROW> <ENT I="01">PT Zinus Global Indonesia</ENT> <ENT>0.00</ENT> </ROW> <ROW> <ENT I="01"> Non-Examined Companies  <ENT>31.17</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure and Public Comment</HD> 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. <SU>7</SU> <FTREF/> 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. <SU>8</SU> <FTREF/> 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. <SU>9</SU> <FTREF/> Case and rebuttal briefs should be filed using ACCESS. <FTNT> <SU>7</SU>   <E T="03">See</E> 19 CFR 351.309(c); <E T="03">see also</E> 19 CFR 351.303 (for general filing requirements). </FTNT> <FTNT> <SU>8</SU>   <E T="03">See</E> 19 CFR 351.309(d); <E T="03">see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,</E> 88 FR 67069, 67077 (September 29, 2023) ( <E T="03">APO and Service Final Rule</E> ). </FTNT> <FTNT> <SU>9</SU>   <E T="03">See</E> 19 351.309(c)(2) and (d)(2). </FTNT> 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. <SU>10</SU> <FTREF/> 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). <SU>11</SU> <FTREF/> <FTNT> <SU>10</SU>  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. </FTNT> <FTNT> <SU>11</SU>   <E T="03">See APO and Service Final Rule.</E> </FTNT> Pursuant to 19 CFR 351.3 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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