Notice2023-00931
Certain Preserved Mushrooms From France: Antidumping Duty Order
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
January 19, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on certain preserved mushrooms (preserved mushrooms) from France.
Full Text
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<title>Federal Register, Volume 88 Issue 12 (Thursday, January 19, 2023)</title>
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[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3382-3384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00931]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-833]
Certain Preserved Mushrooms From France: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty order on
certain preserved mushrooms (preserved mushrooms) from France.
DATES: Applicable January 19, 2023.
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
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on November 28, 2022, Commerce published
its affirmative final determination in the less-than-fair-value (LTFV)
investigation of preserved mushrooms from France.\1\
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On January 12, 2023, the ITC notified Commerce of its final
determination, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of
preserved mushrooms from France.\2\
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\1\ See Certain Preserved Mushrooms from France: Final
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
72963 (November 28, 2022) (Final Determination).
\2\ See ITC's Letter, Investigation No. 731-TA-1587 (Final),
dated January 12, 2023.
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Scope of the Order
The product covered by this order is preserved mushrooms from
France. For a complete description of the scope of the order, see the
appendix to this notice.
Antidumping Duty Order
On January 12, 2023, in accordance with sections 735(b)(1)(A)(i)
and 735(d) of the Act, the ITC notified Commerce of its final
determination that an industry in the United States is materially
injured by reason of imports of preserved mushrooms from France.
Therefore, Commerce is issuing this antidumping duty order in
accordance with sections 735(c)(2) and 736 of the Act. Because the ITC
determined that imports of preserved mushrooms from France are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from France, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of preserved mushrooms from France. Antidumping duties
will be assessed on unliquidated entries of preserved mushrooms from
France, entered, or withdrawn from warehouse, for consumption, on or
after September 13, 2022, the date of publication of the Preliminary
Determination, but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.\3\
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\3\ See Certain Preserved Mushrooms from France: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
55997 (September 13, 2022) (Preliminary Determination).
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Continuation of Suspension of Liquidation and Cash Deposits
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation on all relevant entries of
preserved mushrooms from France which are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the amounts indicated below. Accordingly, effective on the date of
publication in the Federal Register of the notice of the ITC's final
affirmative injury determination, CBP will require, at the same time as
importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the cash deposit rates listed in
the table below. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for this antidumping
order are as follows:
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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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* Rate based on adverse facts available.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce's Preliminary Determination was published on September 13,
2022.\4\ Commerce's Final Determination was not extended and was
published on November 28, 2022.\5\ As such, the four-month period
beginning on the date of publication of the Preliminary Determination
ended on January 10, 2023.
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\4\ Id.
\5\ See Final Determination.
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Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of preserved mushrooms from France, entered or withdrawn from
warehouse, for consumption after January 10, 2023, the date on which
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
affirmative injury determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\6\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\7\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\8\
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\6\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\7\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\8\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and
[[Page 3384]]
under a specific segment type called ``AISL-Annual Inquiry Service
List.'' \9\
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\9\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
published in the Federal Register in January, the relevant segment
and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
preserved mushrooms from France pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: January 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is certain preserved
mushrooms, whether imported whole, sliced, diced, or as stems and
pieces. The preserved mushrooms covered under this order 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 order 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 scope is dispositive.
[FR Doc. 2023-00931 Filed 1-18-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 19, 2023.
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