Notice2023-06187
Certain Preserved Mushrooms From Poland: 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 Poland 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 18118-18120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06187]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-806]
Certain Preserved Mushrooms From Poland: 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 Poland 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: Eliza DeLong, AD/CVD Operations,
Office V, 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 November 3, 2022, Commerce published in the Federal Register its
Preliminary Determination, in which it also postponed the final
determination until March 20, 2023.\1\ Commerce invited interested
parties to comment on the Preliminary Determination.\2\
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\1\ See Certain Preserved Mushrooms from Poland: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
66273 (November 3, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ Id.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
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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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Preserved Mushrooms from Poland,'' 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 Poland. For a full description of the scope of this investigation,
see Appendix I.
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 Okechamp S.A. (Okechamp) 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 Okechamp.\4\
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\4\ See Memorandum, ``Verification of the Questionnaire Response
of Okechamp S.A. in the Less-Than-Fair-Value Investigation of
Certain Preserved Mushrooms from Poland,'' dated January 27, 2023.
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[[Page 18119]]
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 Since the Preliminary Determination
We have made certain changes to the margin calculations for
Okechamp, Bonduelle Polska-UL.Michala (Bonduelle Michala) and Boduelle
Polska SA (Bonduelle Polska) since the Preliminary Determination. See
the Issues and Decision Memorandum for a discussion of these changes.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, Bonduelle Michala and
Bonduelle Polska, estimated weighted-average dumping margins on the
basis of adverse facts available (AFA), pursuant to sections 776(a) and
(b) of 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 Michala and Bonduelle Polska.
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\5\ See Preliminary Determination, 87 FR at 66273.
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Pursuant to section 776(b) of the Act, we examined the dumping
margins alleged in the petition, the weighted-average dumping margin
calculated in this final determination, and other information of the
record of this investigation to determine an appropriate estimated
weighted-average dumping margin for Bonduelle Michala and Bonduelle
Polska based on AFA. We are assigning the highest transaction-specific
dumping margin calculated for Okechamp as the estimated weighted-
average dumping margin to Bonduelle Michala and Bonduelle Polska based
on AFA. Because we are relying on information obtained in the course of
this investigation, we do not need to corroborate this margin pursuant
section 776(c) of the Act. For further discussion, see the Issues and
Decision Memorandum at ``Use of Adverse Facts Available.''
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 investigated 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 case, Commerce calculated an individual estimated weighted-
average dumping margin for Okechamp that is not zero, de minimis, or
determined entirely under section 776 of the Act. Consequently, the
rate calculated for Okechamp is also assigned as the rate for all other
producers and exporters.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the POI:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Okechamp S.A................................................ 34.32
Bonduelle Polska-UL.Michala................................. 57.22
Bonduelle Polska SA......................................... 57.22
All Others.................................................. 34.32
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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 the date of publication of this notice or, if there is no
public announcement, within five days of the date of publication of
this notice, 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 Poland,
as described in Appendix I to this notice, which were entered, or
withdrawn from warehouse for consumption on or after November 3, 2022,
the date of publication of Preliminary Determination of this
investigation 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 Poland 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
[[Page 18120]]
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. Use of Facts Available With an Adverse Inference
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Okechamp
Comment 2: Whether To Include Certain Comparison Market Indirect
Selling Expenses
Comment 3: Whether Commerce Should Revise Certain Romanian Gross
Unit Prices
Comment 4: Whether To Adjust Freight Expenses in the Comparison
Market
Comment 5: Whether To Adjust Freight Revenue in the Comparison
Market
Comment 6: Whether To Adjust Freight Revenue in the U.S. Market
Comment 7: Whether To Adjust General and Administrative (G&A)
Expenses
Comment 8: Adjustments to Financial Expense Ratio
Comment 9: Selection of Romania as the Comparison Market
VI. Recommendation
[FR Doc. 2023-06187 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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