Notice2022-08947
Certain Preserved Mushrooms From France, the Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24941-24945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08947]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-833, A-421-815, A-455-806, A-469-825]
Certain Preserved Mushrooms From France, the Netherlands, Poland,
and Spain: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 20, 2022.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan (France), Benjamin A.
Smith (the Netherlands), Whitley Herndon (Poland), or Katherine Johnson
(Spain), AD/CVD Operations, Offices I, III, V, and VIII, respectively,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2201, (202) 482-2181, (202) 482-6274, or
(202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On March 31, 2022, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions concerning imports of certain preserved
mushrooms (preserved mushrooms) from France, the Netherlands, Poland,
and Spain filed in proper form on behalf of Giorgio Foods, Inc. (the
petitioner), a domestic producer of preserved mushrooms.\1\
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\1\ See Petitioner's Letter, ``Certain Preserved Mushrooms from
France, Netherlands, Poland, and Spain: Petition for the Imposition
of Antidumping Duties,'' dated March 31, 2022 (the Petitions).
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Between April 5 and 12, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\2\ The petitioner filed responses to the
supplemental questionnaires on April 8 and 13, 2022.\3\
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\2\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Certain Preserved Mushrooms from
France: Supplemental Questions,'' dated April 5, 2022 (General
Issues Questionnaire); and Country-Specific Questionnaires: France
Supplemental, Netherlands Supplemental, Poland Supplemental, and
Spain Supplemental, dated April 5, 2022; see also Memoranda,
``Petition for the Imposition of Antidumping Duties on Imports of
Certain Preserved Mushrooms from France, Netherlands and Poland:
Phone Call with Counsel to the Petitioner,'' dated April 12, 2022;
and ``Petition for the Imposition of Antidumping Duties on Imports
of Certain Preserved Mushrooms from Spain: Phone Call with Counsel
to the Petitioner,'' dated April 12, 2022 (collectively, April 12,
2022 Memoranda).
\3\ See Petitioner's Letters, ``Certain Preserved Mushrooms from
France, Netherlands, Poland, and Spain--Petitioner's Supplement to
Volume I Relating to Request for the Imposition of Antidumping
Duties on Imports from France, Netherlands, Poland, and Spain,''
dated April 8, 2022 (General Issues Supplement); Petitioner's
Country-Specific Supplemental Responses, dated April 8, 2022; and
``Certain Preserved Mushrooms from France, Netherlands, Poland, and
Spain--Petitioner's Second Supplement to Volume V Relating to
Request for the Imposition of Antidumping Duties on Imports from
Spain,'' dated April 13, 2022 (Spain Second Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of preserved
mushrooms from France, the Netherlands, Poland, and Spain are being, or
are likely to be, sold in the United States at less than fair value
(LTFV) within the meaning of section 731 of the Act, and that imports
of such products are materially injuring, or threatening material
injury to, the preserved mushroom industry in the United States.
Consistent with section 732(b)(1) of the Act, the Petitions were
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigations.\4\
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\4\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on March 31, 2022, the period of
investigation (POI) for these LTFV investigations is January 1, 2021,
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).\5\
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\5\ See 19 CFR 351.204(b)(1).
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[[Page 24942]]
Scope of the Investigations
The product covered by these investigations is preserved mushrooms
from France, the Netherlands, Poland, and Spain. For a full description
of the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On April 5 and 12, 2022, Commerce requested further information and
clarification from the petitioner regarding the proposed scope, to
ensure that the scope language in the Petitions is an accurate
reflection of the product for which the domestic industry is seeking
relief.\6\ On April 8, 2022, the petitioner revised the scope.\7\ The
description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\6\ See General Issues Questionnaire; see also April 12, 2022
Memoranda.
\7\ See General Issues Supplement at 4 and Exhibit GEN-12.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on May 10, 2022, which is 20 calendar days from the signature date
of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on May 20, 2022, which is
ten calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically-filed document must be received
successfully in its entirety by the time and date on which it is due.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\11\
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of preserved mushrooms to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe preserved mushrooms, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 10, 2022,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments must be filed by 5:00 p.m. ET on May 20, 2022, which
is ten calendar days from the initial comment deadline. All comments
and submissions to Commerce must be filed electronically using ACCESS,
as explained above, on the record of each of the LTFV investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In
[[Page 24943]]
addition, Commerce's determination is subject to limitations of time
and information. Although this may result in different definitions of
the like product, such differences do not render the decision of either
agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that preserved mushrooms,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\15\
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\14\ See Petitions at Volume I at 9-10.
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: Certain
Preserved Mushrooms from France, the Netherlands, Poland, and Spain
(Country-Specific AD Initiation Checklists) at Attachment II,
Analysis of Industry Support for the Antidumping Duty Petitions
Covering Certain Preserved Mushrooms from France, the Netherlands,
Poland, and Spain (Attachment II). These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own 2021 production of the domestic like product.\16\ In addition, the
petitioner estimated the 2021 production of Sunny Dell Foods, LLC, the
other U.S. producer of the domestic like product in 2021.\17\ The
petitioner then compared its production to the total volume of
preserved mushrooms produced by the U.S. industry.\18\ We relied on the
data provided by the petitioner for purposes of measuring industry
support.\19\
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\16\ See Petitions at Volume I at 3-4.
\17\ Id. at 4 and Exhibit GEN-1.
\18\ Id. at 4.
\19\ Id. at 2-4 and Exhibit GEN-1; see also General Issues
Supplement at 4-5 and Exhibit GEN-13.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\20\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\23\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\24\
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\20\ Id. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\21\ Id.; see also section 732(c)(4)(D) of the Act.
\22\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
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\25\ See Petitions at Volume I at 11 and Exhibit GEN-7.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share, underselling and price depression and/or
suppression; declining U.S. shipments; plant closures and layoffs; low
capacity utilization; low operating income; lost sales and revenues;
and weak financial performance.\26\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\27\
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\26\ Id. at 12-26 and Exhibits GEN-2 through GEN-4, and GEN-8
through GEN-10; see also General Issues Supplement at 5-6 and
Exhibit GEN-14.
\27\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Certain
Preserved Mushrooms from France, Netherlands, Poland, and Spain
(Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations on imports of preserved mushrooms from France, the
Netherlands, Poland, and Spain. The sources of data for the deductions
and adjustments relating to U.S. price and normal value (NV) are
discussed in greater detail in the country-specific AD initiation
checklists.
U.S. Price
For France, the Netherlands, Poland, and Spain, the petitioner
based export price (EP) on the average unit values of publicly
available import data.\28\ To calculate an ex-factory, net EP, the
petitioner then deducted expenses associated with inland freight
incurred within each respective country.\29\
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\28\ See Country-Specific AD Initiation Checklists.
\29\ Id.
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Normal Value <SUP>30</SUP>
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\30\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the CV and COP to determine whether there are reasonable
grounds to believe or suspect that sales of the foreign like product
have been made at prices that represent less than the COP of the
product.
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For France, the Netherlands, Poland, and Spain, the petitioner
based normal value (NV) on home market prices obtained through market
research for preserved mushrooms produced in and sold, or offered for
sale, in each country during the applicable time period.\31\ For Spain,
the petitioner provided information indicating that the home market
prices it obtained through market research were below the cost of
production (COP) and, therefore, the petitioner also calculated NV
based on constructed value (CV).\32\ For further
[[Page 24944]]
discussion of CV, see the section ``Normal Value Based on Constructed
Value.''
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\31\ See Country-Specific AD Initiation Checklists.
\32\ See Spain AD Initiation Checklist.
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Normal Value Based on Constructed Value
As noted above, the petitioner provided information indicating that
the prices charged for preserved mushrooms produced in and sold, or
offered for sale, in Spain were below the COP; therefore, for Spain,
the petitioner also calculated NV based on CV.\33\ Pursuant to section
773(e) of the Act, the petitioner calculated CV as the sum of the cost
of manufacturing (COM); selling, general, and administrative expenses;
financial expenses; and profit.\34\ In calculating the COM, the
petitioner stated that it did not have access to the actual production
costs in Spain of preserved mushrooms because such information is not
publicly available.\35\ Therefore, the petitioner relied on its own
production experience and input consumption rates, adjusted for known
differences, and valued inputs using publicly available information on
costs specific to Spain during the proposed POI.\36\ In calculating
selling, general, and administrative expenses; financial expenses; and
profit ratios, the petitioner relied on the financial statements of
producers of preserved mushrooms or comparable merchandise in
Spain.\37\
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\33\ Id.
\34\ Id.
\35\ Id.
\36\ Id.
\37\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of preserved mushrooms from France, the
Netherlands, Poland, and Spain are being, or are likely to be, sold in
the United States at LTFV. Based on comparisons of EP to NV in
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for preserved mushrooms from each of the countries covered by
this initiation are as follows: (1) France--124.41 percent to 360.88
percent; (2) the Netherlands--120.88 percent to 146.59 percent; (3)
Poland--20.07 percent to 30.01 percent; and (4) Spain--17.21 percent to
156.59 percent.\38\
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\38\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations
Based upon our examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of preserved mushrooms from France, the
Netherlands, Poland, and Spain are being, or are likely to be, sold in
the United States at LTFV. In accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 140 days after the date of
this initiation.
Respondent Selection
In the Petitions, the petitioner identified four companies in
France, six companies in the Netherlands, five companies in Poland, and
seven companies in Spain as producers and/or exporters of preserved
mushrooms.\39\ Following standard practice in LTFV investigations
involving market economy countries, in the event that Commerce
determines that the number of exporters or producers in any individual
case is large such that it cannot individually examine each company
based upon its resources, where appropriate, Commerce intends to select
mandatory respondents in that case based on U.S. Customs and Border
Protection (CBP) data for U.S. imports under the appropriate Harmonized
Tariff Schedule of the United States subheadings listed in the ``Scope
of the Investigations,'' in the appendix.
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\39\ See Petitions at Volume I at 8 and Exhibit GEN-5; see also
General Issues Supplement at 2 and Exhibit GEN-11.
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On April 18 and 19, 2022, Commerce released CBP data on U.S.
imports of preserved mushrooms from France, the Netherlands, Poland,
and Spain under administrative protective order (APO) to all parties
with access to information protected by APO and indicated that
interested parties wishing to comment on the CBP data and/or respondent
selection must do so within three business days after the publication
date of the notice of initiation of these investigations.\40\ Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\40\ See Memoranda, ``Antidumping Duty Petition on Imports of
Preserved Mushrooms from the Netherlands: Release of U.S. Customs
and Border Protection Data,'' dated April 18, 2022; ``Antidumping
Duty Petition on Imports of Preserved Mushrooms from Poland: Release
of U.S. Customs and Border Protection Data,'' dated April 18, 2022;
``Antidumping Duty Petition on Imports of Preserved Mushrooms from
Spain: Release of U.S. Customs and Border Protection Data,'' dated
April 18, 2022; and ``Antidumping Duty Petition on Imports of
Preserved Mushrooms from France: Release of U.S. Customs and Border
Protection Data,'' dated April 19, 2022.
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Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. Interested parties must submit applications for
disclosure under APO in accordance with 19 CFR 351.305(b). Instructions
for filing such applications may be found on Commerce's website at
<a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of France, the Netherlands, Poland, and
Spain via ACCESS. To the extent practicable, we will attempt to provide
a copy of the public version of the Petitions to each exporter named in
the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of preserved mushrooms from France, the
Netherlands, Poland, and Spain are materially injuring, or threatening
material injury to, a U.S. industry.\41\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\42\ Otherwise, these LTFV investigations will
proceed according to statutory and regulatory time limits.
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\41\ See section 733(a) of the Act.
\42\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \43\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information
[[Page 24945]]
already on the record that the factual information seeks to rebut,
clarify, or correct.\44\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\43\ See 19 CFR 351.301(b).
\44\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\45\
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\45\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\46\ Parties must use the certification formats provided in
19 CFR 351.303(g).\47\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\48\
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\48\ See Temporary Rule.
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is certain
preserved mushrooms, whether imported whole, sliced, diced, or as
stems and pieces. The preserved mushrooms covered under these
investigations are the genus Agaricus. ``Preserved mushrooms'' refer
to mushrooms that have been prepared or preserved by cleaning,
blanching, and sometimes slicing or cutting. These mushrooms are
then packed and heat sterilized in containers each holding a net
drained weight of not more than 12 ounces (340.2 grams), including
but not limited to cans or glass jars, in a suitable liquid medium,
including but not limited to water, brine, butter, or butter sauce.
Preserved mushrooms may be imported whole, sliced, diced, or as
stems and pieces.
Excluded from the scope are ``marinated,'' ``acidified,'' or
``pickled'' mushrooms, which are prepared or preserved by means of
vinegar or acetic acid, but may contain oil or other additives. To
be prepared or preserved by means of vinegar or acetic acid, the
merchandise must be a minimum 0.5 percent by weight acetic acid.
The merchandise subject to these investigations is classifiable
under subheadings 2003.10.0127, 2003.10.0131, and 2003.10.0137 of
the Harmonized Tariff Schedule of the United States (HTSUS). The
subject merchandise may also be classified under HTSUS subheadings
2003.10.0143, 2003.10.0147, and 2003.10.0153. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
[FR Doc. 2022-08947 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 27, 2022.
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