Notice2023-06185
Certain Preserved Mushrooms From the Netherlands: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
March 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain preserved mushrooms (preserved mushrooms) from the Netherlands are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
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[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18115-18117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06185]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-815]
Certain Preserved Mushrooms From the Netherlands: 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 the Netherlands
are being, or are likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation (POI) is January 1,
2021, through December 31, 2021.
DATES: Applicable March 27, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla or Benjamin A. Smith, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4956 or (202)
482-2181, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2022, Commerce published in the Federal Register its
Preliminary Determination in the LTFV investigation of preserved
mushrooms from the Netherlands, in which it also postponed the final
determination until March 20, 2023.\1\ Commerce invited interested
parties to comment on the Preliminary Determination.
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\1\ See Certain Preserved Mushrooms from the Netherlands:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 87 FR 66265 (November 3, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is
available 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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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Antidumping Duty Determination in the Less-Than-
Fair-Value Investigation of Certain Preserved Mushrooms from the
Netherlands,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are preserved mushrooms
from the Netherlands. For a complete description of the scope of this
investigation, see Appendix I.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verifications of the third-
country sales, U.S. sales, and cost of production responses submitted
by Prochamp B.V. (Prochamp).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes From the Preliminary Determination
We have made certain changes to the margin calculations for
Prochamp since the Preliminary Determination. See the Issues and
Decision Memorandum for a discussion of these changes.
Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned an
estimated weighted-average dumping margin on the basis of facts
available with an adverse inference (AFA) to Okechamp B.V. (Okechamp)
pursuant to sections 776(a) and (b) of the Act.\3\ 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
Okechamp.
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\3\ See Preliminary Determination, 87 FR at 66266, and PDM at 6-
10.
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In applying AFA, we are assigning the highest rate alleged in the
petition as the estimated weighted-average dumping margin to Okechamp.
Because this AFA rate is derived from the petition and, consequently,
is based upon secondary information, Commerce must corroborate the rate
to the extent practicable, pursuant to section 776(c) of the Act.
Because we calculated a zero percent margin for Prochamp, the sole
mandatory respondent with a calculated an estimated weighted-average
dumping margin in this investigation, and Prochamp's margin calculation
does not otherwise provide transaction-specific dumping margins for the
purposes of comparison, we are unable to corroborate the highest
dumping margin alleged in the petition using information from a
mandatory respondent in this investigation. Thus, for purposes of
corroboration, we examined evidence supporting the calculations of the
highest dumping margin alleged in the petition. As is Commerce's
practice, during the LTFV investigation pre-initiation analysis, we
examined: (1) the information used as the basis for export price and
normal value in the petition; (2) the calculations used to derive the
alleged margin; and (3) information from various independent sources
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provided in the petition.\4\ We determine that the highest dumping
margin alleged in the petition of 146.59 percent is reliable, where, to
the extent appropriate information was available, we reviewed the
adequacy and accuracy of the information in the petition as reflected
in the Initiation Checklist from the investigation.\5\ In addition, we
obtained no other information that would cause us to question the
validity of the information supporting the relevance or reliability of
the petition rate.
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\4\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished from Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, from Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391 (November
6, 1996); Prestressed Concrete Steel Wire Strand from Taiwan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value and Negative Preliminary Determination of Critical
Circumstances, 85 FR 61726 (September 30, 2020), and accompanying
PDM at 6-7, unchanged in Prestressed Concrete Steel Wire Strand from
Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan,
the Republic of Turkey, and the United Arab Emirates: Final
Affirmative Determinations of Sales at Less Than Fair Value and
Final Affirmative Critical Circumstances, in Part, 85 FR 80001
(December 11, 2020).
\5\ 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) and
accompanying Antidumping Duty Investigation Initiation Checklist,
``Certain Preserved Mushrooms from the Netherlands,'' dated April
20, 2022 (Initiation Checklist).
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Accordingly, because we corroborated the highest dumping margin
alleged in the petition to the extent practicable within the meaning of
section 776(c) of the Act, we find the 146.59 percent rate to be both
reliable and relevant and, accordingly, that it has probative value.
Therefore, we assigned this rate to Okechamp as AFA.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually examined shall be equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding rates that are zero,
de minimis, or determined entirely under section 776 of the Act.
In this investigation, Commerce did not calculate estimated
weighted-average dumping margins for mandatory respondents Prochamp or
Okechamp that are not zero, de minimis, or based entirely on facts
otherwise available. Pursuant to section 735(c)(5)(B) of the Act,
Commerce's normal practice under these circumstances is to calculate
the all-others rate as a simple average of the dumping margin(s)
alleged in the petition.\6\
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\6\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); and Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
\7\ See ``All Others Rate'' section, supra; see also Initiation
Notice, 87 FR at 24944, and the Initiation Checklist. The margins
alleged in the Petition were 120.88, 131.45, and 146.59 percent.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the POI:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Okechamp B.V................................................ 146.59
Prochamp B.V................................................ 0.00
All Others.................................................. \7\ 132.97
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
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 entries of preserved mushrooms from the
Netherlands, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
November 3, 2022, the date of publication of the Preliminary
Determination of this investigation in the Federal Register, with the
exception of entries of subject merchandise that were produced and
exported by Prochamp. Because the estimated weighted-average dumping
margin for Prochamp is zero, entries of shipments of subject
merchandise produced and exported by Prochamp will not be subject to
suspension of liquidation or cash deposit requirements. In such
situations, Commerce applies the exclusion to the provisional measures
to the producer/exporter combination that was examined in the
investigation. Accordingly, Commerce is directing CBP to not suspend
merchandise produced and exported by Prochamp. However, entries of
subject merchandise in any other producer/exporter combination, e.g.,
merchandise produced by a third party and exported by Prochamp, or
produced by Prochamp and exported by a third party, are subject to the
cash deposit requirements at the all-others rate.
Furthermore, other than for entries produced and exported by
Prochamp, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondents
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margins 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 listed in the table
above.
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, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
investigation 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 the
Netherlands no later than 45 days after our final determination. If the
ITC determines that such injury does not exist, this proceeding will be
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terminated, 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, other than those produced and
exported by Prochamp, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice serves 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 the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and 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: March 20, 2023.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Application of Adverse Facts Available to Okechamp
Comment 2: Rejection of Okechamp's Untimely Submission of the
Auditors' Opinion
Comment 3: Decision To Not Verify Okechamp
Comment 4: Okechamp's Cost of Production Information
Comment 5: Okechamp's Sales Data
Comment 6: Application of Adverse Facts Available to Prochamp
Comment 7: Prochamp's Financial Reporting
Comment 8: Calculation Basis of Prochamp's Cost of Production
Costs
Comment 9: Prochamp's Third-Country Sales Reporting
Comment 10: Prochamp's Reporting of Control Numbers
Comment 11: Prochamp's Reporting of Date of Sale
Comment 12: Prochamp's Reporting of Certain Separately-
Negotiated U.S. Freight Revenues
Comment 13: Prochamp's Reporting of U.S. Gross Unit Prices
Inclusive of Separately Negotiated Revenues
Comment 14: Accuracy of Prochamp's Reporting of Certain U.S.
Freight Costs
Comment 15: Prochamp's Reporting of Shipment Dates and Credit
Expenses
Comment 16: Commerce's Selection of the Third Country Market
V. Recommendation
[FR Doc. 2023-06185 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 27, 2023.
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