Notice2023-06186
Certain Preserved Mushrooms From Spain: 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
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 Spain 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 88 Issue 58 (Monday, March 27, 2023)</title>
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[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18120-18122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06186]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-825]
Certain Preserved Mushrooms From Spain: 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 Spain are being,
or are likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable March 27, 2023.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Katherine Johnson,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2285
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2022, Commerce published the Preliminary
Determination in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Determination. On February 8, 2023, we
received comments from Giorgio Foods, Inc. (the petitioner), a domestic
producer of preserved mushrooms, and Eurochamp S.A.T. (Eurochamp), a
respondent in this investigation.\2\ On February 15, 2023, we received
rebuttal comments from these parties.\3\ For a complete description of
the events that followed the Preliminary Determination, see the Issues
and Decision Memorandum.\4\
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\1\ See Certain Preserved Mushrooms from Spain: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 87 FR 66262 (November 3, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Petitioner's Letter in Lieu of a
Case Brief,'' dated February 8, 2023; and Eurochamp's Letter,
``Submission of Eurochamp S.A.T.'s Administrative Case Brief,''
dated February 8, 2023.
\3\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,''
dated February 15, 2023; and Eurochamp's Letter, ``Submission of
Eurochamp S.A.T.'s Administrative Case Brief,'' dated February 15,
2023.
\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Preserved Mushrooms from Spain,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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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 Spain. For a full description of the scope of this investigation,
see Appendix I.
Analysis of Comments Received
The issues raised in comments that were submitted by parties in
this investigation are addressed in the Issues and Decision Memorandum.
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>.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in December 2022, we conducted verification of the sales
information submitted by Eurochamp for use in our final determination.
We used standard verification procedures, including an examination of
relevant sales and accounting records, and original source documents
provided by Eurochamp. As explained in the Issues and Decision
Memorandum, Commerce was unable to verify the accuracy of Eurochamp's
reporting with respect to its sales data. As a consequence, we find
that Eurochamp's reported sales data are unverified and, thus, cannot
serve as a reliable basis for calculating an accurate margin for
Eurochamp in this investigation. For further discussion, see the Issues
and Decision Memorandum.
[[Page 18121]]
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made changes to the dumping margins. For a discussion
of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
In the Preliminary Determination, Commerce relied on facts
available with an adverse inference (AFA) in determining a weighted-
average dumping margin for Riberebro Integral S.A.U. (Riberebro), under
sections 776(a) and (b) of the Act, because Riberebro failed to
cooperate by not acting to the best of its ability to comply with
Commerce's request for information in this investigation.\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
Riberebro.
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\5\ See Preliminary Determination, 87 FR at 66263.
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In addition, due to our inability to verify Eurochamp's submitted
data, we are unable to use its data to calculate an accurate dumping
margin for the company. Therefore, for this final determination we find
it appropriate to assign Eurochamp an estimated weighted-average
dumping margin based on AFA, in accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. In applying AFA, we assigned Eurochamp
and Riberebro the highest margin identified in the petition, 156.59
percent.\6\ For further discussion, see the Issues and Decision
Memorandum.
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\6\ See Petitioner's Letter, ``Certain Preserved Mushrooms from
France, Netherlands, Poland, and Spain--Petitioner's Second
Supplement to Volume V Relating to Request for the Imposition of
Antidumping Duties on Imports from Spain,'' dated April 13, 2022
(Spain AD Second Supplement), at AD-ES-SUPP 2-5.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate 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 or de
minimis margins, and margins determined entirely under section 776 of
the Act. The estimated weighted-average dumping margins in this final
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.\7\ The simple average
of the petition margins is 59.59 percent.\8\
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\7\ See, e.g., Certain Preserved Mushrooms from France: Final
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
72963 (November 28, 2022).
\8\ See Petitioner's Letter, ``Certain Preserved Mushrooms from
France, Netherlands, Poland, and Spain--Petitioner's Supplement to
Volume V Relating to Request for the Imposition of Antidumping
Duties on Imports from Spain,'' dated April 8, 2022, at AD-ES-SUPP-
5; see also Spain AD Second Supplement at AD-ES-SUPP 2-5.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Eurochamp S.A.T.............................................. 156.59
Riberebro Integral S.A.U..................................... 156.59
All Others................................................... 59.59
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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 Spain, as described in Appendix I to this notice, entered, or
withdrawn from warehouse, for consumption on or after November 3, 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 Spain 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.
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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. Application of Total Adverse Facts Available
V. Discussion of the Issues
Comment 1: Whether Commerce Should Assign Adverse Facts
Available (AFA) to Eurochamp
Comment 2: Selection of the AFA Rate
VI. Recommendation
[FR Doc. 2023-06186 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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