Notice2022-20426
Certain Preserved Mushrooms From France, Netherlands, Poland, and Spain; Scheduling of the Final Phase of Antidumping Duty Investigations
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Published
September 21, 2022
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731-TA-1587-1590 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of certain preserved mushrooms from France, Netherlands, Poland, and Spain, provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 87 Issue 182 (Wednesday, September 21, 2022)</title>
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[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Notices]
[Pages 57717-57719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20426]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1587-1590 (Final)]
Certain Preserved Mushrooms From France, Netherlands, Poland, and
Spain; Scheduling of the Final Phase of Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation Nos. 731-TA-1587-1590 (Final)
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether
an industry in the United States is materially injured or threatened
with material injury, or the establishment of an industry in the United
States is materially retarded, by reason of imports of certain
preserved mushrooms from France, Netherlands, Poland, and Spain,
provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule
of the United States, preliminarily determined by the Department of
Commerce (``Commerce'') to be sold at less-than-fair-value.
[[Page 57718]]
FOR FURTHER INFORMATION CONTACT: Kristina Lara (205-3386), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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.''
Background.--The final phase of these investigations are being
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of an affirmative preliminary
determination by Commerce that imports of certain preserved mushrooms
from France are being sold in the United States at less than fair value
within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on March 31, 2022, by
Giorgio Foods, Inc., Blandon, Pennsylvania.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
3, 2022, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold an in-person hearing in
connection at the U.S. International Trade Commission Building with the
final phase of these investigations beginning at 9:30 a.m. on November
17, 2022. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before November 11, 2022.
Any requests to appear as a witness via videoconference must be
included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigations, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3pm
the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference to be held at 9:30 a.m. on November 15, 2022. Parties shall
file and serve written testimony and presentation slides in connection
with their presentation at the hearing by no later than 4:00 p.m. on
November 16, 2022. Oral testimony and written materials to be submitted
with respect for the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
[[Page 57719]]
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is November 10, 2022. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of
section 207.25 of the Commission's rules. The deadline for filing
posthearing briefs is November 28, 2022. In addition, any person who
has not entered an appearance as a party to the investigations may
submit a written statement of information pertinent to the subject of
the investigations, including statements of support or opposition to
the petitions, on or before November 28, 2022. On December 13, 2022,
the Commission will make available to parties all information on which
they have not had an opportunity to comment. Parties may submit final
comments on this information on or before December 15, 2022, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: September 15, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-20426 Filed 9-20-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 21, 2022.
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