Notice2022-25912
Certain Preserved Mushrooms From France: Final Affirmative Determination of Sales at Less Than Fair Value
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
November 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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).
Full Text
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<title>Federal Register, Volume 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 72963-72964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-833]
Certain Preserved Mushrooms From France: Final 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) 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).
DATES: Applicable November 28, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Williams, AD/CVD
Operations, Office I, 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
On September 13, 2022, Commerce published in the Federal Register
the Preliminary Determination.\1\ We invited interested parties to
comment on the Preliminary Determination. We received comments on the
Preliminary Determination from the European Commission \2\ and Giorgio
Foods, Inc. (the petitioner), a domestic producer of preserved
mushrooms.\3\
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\1\ See Certain Preserved Mushrooms from France: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
55997 (September 13, 2022) (Preliminary Determination).
\2\ See European Commission's Letter, ``Comment on the
Preliminary Determination Regarding the Antidumping Duty
Investigation on Preserved Mushrooms from France (A-427-833),''
dated October 11, 2022 (European Commission Comments).
\3\ See Petitioner's Letter, ``Less Than Fair Value
Investigation of Certain Preserved Mushrooms from France--
Petitioner's Comments in Lieu of Case Brief,'' dated October 13,
2022 (Petitioner's Comments).
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Period of Investigation
The period of investigation is January 1, 2021, through December
31, 2021.
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.
Analysis of Comments Received
The sole issue raised in comments that were submitted by parties in
this investigation is addressed in the Issues and Decision
Memorandum.\4\ A list of the issues addressed in the Issues and
Decision Memorandum is attached to this notice at Appendix II. The
Issues and Decision Memorandum is a public document and is on file
electronically 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 Issues and 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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\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Preserved Mushrooms from France,'' dated concurrently
with this notice.
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Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, Bonduelle Europe Long
Life and France Champignon, estimated weighted-average dumping margins
on the basis of adverse facts available (AFA), pursuant to sections
776(a) and (b) of the Tariff Act of 1930, as amended (the Act).\5\
There is no new information on the record that would cause us to
revisit our decision in the Preliminary Determination. Accordingly, for
this final determination, we continue to find that the application of
AFA pursuant to sections 776(a) and (b) of the Act is warranted with
respect to Bonduelle Europe Long Life and France Champignon. In
applying AFA, we are assigning Bonduelle Europe Long Life and France
Champignon the highest margin identified in the petition, 360.88
percent.
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\5\ See Preliminary Determination, 85 FR at 83060.
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Changes Since the Preliminary Determination
Based on the analysis of comments received, we made no changes for
the final determination.
[[Page 72964]]
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
all-others rate on the simple average of the dumping margins alleged in
the petition, in accordance with section 735(c)(5)(B) of the Act.\6\ We
made no changes to the selection of the all-others rate for the final
determination.
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\6\ Id.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter 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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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination, in accordance with
19 CFR 351.224(b). However, because Commerce applied AFA to both
mandatory respondents in this investigation, there are no calculations
to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of preserved mushrooms
from France, as described in Appendix I to this notice, entered, or
withdrawn from warehouse, for consumption on or after September 13,
2022, the date of publication of Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified above
but the producer is, then the cash deposit rate will be equal to the
company-specific estimated weighted-average dumping margin established
for that producer of the subject merchandise; and (3) the cash deposit
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin. These suspension-of-
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of preserved mushrooms from France no later than
45 days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: November 21, 2022.
Abdelali Elouaradia,
Deputy 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issue
Comment: Whether Commerce Should Assign the Highest Petition
Margin as Adverse Facts Available (AFA)
V. Recommendation
[FR Doc. 2022-25912 Filed 11-25-22; 8:45 am]
BILLING CODE 3510-DS-P
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