Notice2022-19769
Certain Preserved Mushrooms From France: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
September 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain preserved mushrooms (preserved mushrooms) from France are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 176 (Tuesday, September 13, 2022)</title>
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[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 55997-55999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19769]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-833]
Certain Preserved Mushrooms From France: Preliminary Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain preserved mushrooms (preserved mushrooms) from
France are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation is January 1,
2021, through December 31, 2021. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable September 13, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Williams, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5166.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this investigation on April 20, 2022.\1\
Bonduelle Europe Long Life (Bonduelle) and France Champignon are the
mandatory respondents in this investigation. For a complete description
of the events that followed the initiation of this investigation, see
the Preliminary Decision Memorandum.\2\ A list of topics
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included in the Preliminary Decision Memorandum is included as Appendix
II to this notice. The Preliminary Decision Memorandum is a public
document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Certain Preserved Mushrooms from France, the
Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Preserved Mushrooms from France,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are preserved mushrooms
from France. For a full description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ we
set aside a period of time, as stated in the Initiation Notice, for
parties to raise issues regarding product coverage (i.e., scope).\4\ No
interested party commented on the scope of the investigation as it
appeared in the Initiation Notice. Commerce is not modifying the scope
language as it appeared in the Initiation Notice. See the complete
description of the scope in Appendix I to this notice.
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\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 87 FR at 24942.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant
to section 776(a) of the Act, Commerce has preliminarily relied upon
facts otherwise available to assign estimated weighted-average dumping
margins to the mandatory respondents in this investigation because
neither of the respondents submitted a response to Commerce's
antidumping duty questionnaire. Further, Commerce preliminarily
determines that these mandatory respondents failed to cooperate by not
acting to the best of their abilities to comply with a request for
information and is using an adverse inference in selecting from among
the facts otherwise available (i.e., applying adverse facts available
(AFA)) to these respondents, in accordance with section 776(b) of the
Act. For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act provides that, in the preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually investigated in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all others shall
be 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 under section 776 of the Act. The
estimated weighted-average dumping margins in this preliminary
determination were calculated entirely under section 776 of the Act. In
cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple
average of the margins alleged in the petition and applies the results
to all other entities not individually examined.\5\
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\5\ See, e.g., Thermal Paper from Spain: Final Determination of
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30,
2021), and accompanying Issues and Decision Memorandum.
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In the Petitions,\6\ Giorgio Goods, Inc. (the petitioner)
calculated three estimated dumping margins, 124.41 percent, 188.75
percent and 360.88 percent. Therefore, consistent with our practice,
for the all-others rate in this investigation, we preliminarily
assigned a simple average of the dumping margins alleged in the
Petitions, which is 224.68 percent.\7\
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\6\ See Petitioner's Letter, ``Certain Preserved Mushrooms from
France, the Netherlands, Poland, and Spain--Petition for the
Imposition of Antidumping Duties,'' dated March 31, 2022
(Petitions), at Volume II; see also Checklist, ``AD Investigation
Initiation Checklist: Certain Preserved Mushrooms from France,''
dated April 20, 2022 (Initiation Checklist); and Petitioner's
Letter, ``Certain Preserved Mushrooms from France, Netherlands,
Poland, and Spain--Petitioner's Supplement to Volume II Relating to
Request for the Imposition of Antidumping Duties on imports from
France,'' dated April 8, 2022 (Petition Supplemental).
\7\ See Petitions at Volume II; see also Initiation Checklist;
and Petition Supplemental.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period January 1,
2021, through December 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Bonduelle Europe Long Life.................................. 360.88
France Champignon........................................... 360.88
All Others.................................................. 224.68
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of all entries of preserved mushrooms from France, as described in the
``Scope of the Investigation'' in Appendix I, entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
this notice in the Federal Register.
We will also instruct CBP, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), to require a cash deposit equal to the
margins indicated in the chart above. These suspension of liquidation
instructions will remain in effect until further notice.
Verification
Because the mandatory respondents in this investigation did not act
to the best of their abilities to provide information requested by
Commerce, and Commerce preliminarily determines each of the mandatory
respondents to be uncooperative, we will not conduct verifications.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to each of the mandatory respondents in this investigation, and applied
an AFA rate based on the Petitions, there are no calculations to
disclose.
Public Comment
Interested parties are invited to comment on this preliminary
determination no later than 30 days after the date of publication of
this preliminary determination.\8\ Rebuttal
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briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\9\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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. Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\10\
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\8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\9\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
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 the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of our affirmative
preliminary determination. If our final determination is affirmative,
the ITC will determine before the later of 120 days after the date of
this preliminary determination or 45 days after our final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: September 7, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is certain
preserved mushrooms, whether imported whole, sliced, diced, or as
stems and pieces. The preserved mushrooms covered under this
investigation 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 this investigation 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.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available, Use of Adverse Inference, and
Calculation of All-Others Rate
V. Recommendation
[FR Doc. 2022-19769 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2022.
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