Notice2023-10939
Certain Preserved Mushrooms From the Netherlands, Poland, and Spain: Antidumping Duty Orders
Primary source
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Published
May 23, 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 antidumping duty orders on certain preserved mushrooms (preserved mushrooms) from the Netherlands, Poland, and Spain.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33096-33098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10939]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-815, A-455-806, A-469-825]
Certain Preserved Mushrooms From the Netherlands, Poland, and
Spain: Antidumping Duty Orders
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 antidumping duty orders on
certain preserved mushrooms (preserved mushrooms) from the Netherlands,
Poland, and Spain.
DATES: Applicable May 23, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla at (202) 482-4956 (the
Netherlands), Eliza DeLong at (202) 482-3878 (Poland), or Katherine
Johnson at (202) 482-4929 (Spain), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on March 27, 2023, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of preserved mushrooms from the Netherlands, Poland, and
Spain.\1\ On May 11, 2023, the ITC notified Commerce of its final
determinations, 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
[[Page 33097]]
mushrooms from the Netherlands, Poland, and Spain.\2\
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\1\ See Certain Preserved Mushrooms from the Netherlands: Final
Affirmative Determination of Sales at Less Than Fair Value, 88 FR
18115 (March 27, 2023); Certain Preserved Mushrooms from Poland:
Final Affirmative Determination of Sales at Less Than Fair Value, 88
FR 18118 (March 27, 2023); and Certain Preserved Mushrooms from
Spain: Final Affirmative Determination of Sales at Less Than Fair
Value, 88 FR 18120 (March 27, 2023).
\2\ See ITC Notification Letter, Investigation Nos. 731-TA-1588-
1590 (Final), dated May 11, 2023 (ITC Notification Letter); see also
Certain Preserved Mushrooms from the Netherlands, Poland, and Spain,
88 FR 31522 (May 17, 2023).
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Scope of the Orders
The products covered by these orders are certain preserved
mushrooms from the Netherlands, Poland, and Spain. For a complete
description of the scope of these orders, see the appendix to this
notice.
Antidumping Duty Orders
On May 11, 2023, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of preserved mushrooms from
the Netherlands, Poland, and Spain.\3\ Therefore, in accordance with
sections 735(c)(2) and 736 of the Act, Commerce is issuing these
antidumping duty orders. Because the ITC determined that imports of
preserved mushrooms from the Netherlands, Poland, and Spain are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from the Netherlands, Poland, and Spain, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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\3\ Id.
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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 the Netherlands, Poland,
and Spain. With the exception of entries occurring after the expiration
of the provisional measures period and before publication of the ITC's
final affirmative injury determinations, as further described below,
antidumping duties will be assessed on unliquidated entries of
preserved mushrooms from the Netherlands, Poland, and Spain, entered,
or withdrawn from warehouse, for consumption, on or after November 3,
2022, the date of publication of the Preliminary Determinations.\4\
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\4\ 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); Certain
Preserved Mushrooms from Poland: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 87 FR
66273 (November 3, 2022); and 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) (collectively,
Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, 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 the Netherlands, Poland, and Spain. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed in the tables below. The all-others
rate applies to all producers or exporters not specifically listed, as
appropriate.\5\ Because the estimated weighted-average dumping margin
is zero for subject merchandise produced and exported by Prochamp B.V.,
entries of shipments of subject merchandise from this producer/exporter
combination are excluded from the antidumping duty order on subject
merchandise from the Netherlands. These exclusions will not be
applicable to merchandise exported to the United States by these
respondents in any other producer/exporter combination or by third
parties that sourced subject merchandise from the excluded producer/
exporter combinations.
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\5\ As noted below, merchandise produced and exported by
Prochamp B.V. is excluded from the Netherlands order. Therefore, the
all-others rate applies to entries of any merchandise produced by
Prochamp B.V. and exported by any other company or merchandise
produced by any other company and exported by Prochamp B.V.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\6\ Merchandise produced and exported by Prochamp B.V. is
excluded from the Netherlands order. This exclusion does not apply
to merchandise produced by Prochamp B.V. and exported by any other
company or merchandise produced by any other company and exported by
Prochamp B.V. Resellers of merchandise produced by Prochamp B.V. are
also not entitled to this exclusion.
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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The Netherlands
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Okechamp B.V................................................ 146.59
Prochamp B.V................................................ \6\ 0.00
All Others.................................................. 132.97
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Poland
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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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Spain
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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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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.
At the request of exporters that account for a significant proportion
of preserved mushrooms from the Netherlands, Poland, and Spain,
Commerce extended the four-month period to six months in each of these
investigations. Commerce published the preliminary determinations in
these investigations on November 3, 2022.\7\
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\7\ Id.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on May 1, 2023.
Therefore, in accordance with section 733(d) of the Act and our
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of preserved mushrooms from the Netherlands,
Poland, and Spain entered or withdrawn from warehouse, for consumption
after May 1, 2023, the final day on which the provisional measures were
in effect, until and through the day preceding the date of
[[Page 33098]]
publication of the ITC's final affirmative injury determinations 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
determinations in the Federal Register.
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ 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.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ 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 under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ 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
was 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,\13\ 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>.
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\13\ See Procedural Guidance, 86 FR at 53206.
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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.'' \14\ Accordingly, as stated
above, the petitioner and Governments of the Netherlands, Poland, and
Spain should submit their initial entries of appearance after
publication of this notice in order to appear in the first annual
inquiry service lists for these orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Governments of the Netherlands,
Poland, and Spain will not need to resubmit their entries of appearance
each year to continue to be included on the annual inquiry service
list. However, the petitioner and the Governments of the Netherlands,
Poland, and Spain 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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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
preserved mushrooms from the Netherlands, Poland, and Spain pursuant to
section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These antidumping duty orders are published in accordance with
sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR
351.211(b).
Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders are certain preserved
mushrooms, whether imported whole, sliced, diced, or as stems and
pieces. The preserved mushrooms covered under these orders 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 these orders 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 the orders is
dispositive.
[FR Doc. 2023-10939 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.