Notice2025-17456
Certain Preserved Mushrooms From Poland: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2022-2024
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
September 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain preserved mushrooms (mushrooms) from Poland for the period of review (POR) November 3, 2022, through April 30, 2024. Commerce preliminarily finds that the sole producer/exporter subject to this administrative review, Okechamp S.A. (Okechamp), made sales of subject merchandise at prices below normal value (NV) during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44039-44040]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17456]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-806]
Certain Preserved Mushrooms From Poland: Preliminary Results of
the Administrative Review of the Antidumping Duty Order; 2022-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
preserved mushrooms (mushrooms) from Poland for the period of review
(POR) November 3, 2022, through April 30, 2024. Commerce preliminarily
finds that the sole producer/exporter subject to this administrative
review, Okechamp S.A. (Okechamp), made sales of subject merchandise at
prices below normal value (NV) during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Applicable September 11, 2025.
FOR FURTHER INFORMATION CONTACT: Monica Gillis, 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) 482-6384.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2023, Commerce published in the Federal Register the AD
order on mushrooms from Poland.\1\ On July 5, 2024, Commerce initiated
an administrative review of the Order, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ This review
covers one producer/exporter of subject merchandise, Okechamp.
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\1\ See Certain Preserved Mushrooms from the Netherlands,
Poland, and Spain: Antidumping Duty Orders, 88 FR 33096 (May 23,
2023) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 55567 (July 5, 2024).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ Additionally, on December
9, 2024, Commerce tolled the deadline to issue the preliminary results
in this administrative review by 90 days.\4\ On April 8, 2025, Commerce
extended the time limit for completing the preliminary results of this
review until September 5, 2025.\5\ For details regarding the events
that occurred subsequent to the initiation of the review, see the
Preliminary Decision Memorandum.\6\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Certain Preserved Mushrooms from Poland:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated April 8, 2025.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Preserved Mushrooms from Poland; 2022-2024,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by the scope of the Order are mushrooms from
Poland. For a complete description of the scope, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price and NV in accordance with
sections 772 and 773 of the Act, respectively.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period November 3, 2022, through April
30, 2024:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Okechamp S.A............................................... 2.55
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Disclosure
Commerce intends to disclose the calculations and analysis that it
performed in these preliminary results of review to parties to the
proceeding within five days of any public announcement of these
preliminary results 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\7\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\8\ Interested parties who submit
case or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\9\
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\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each
[[Page 44040]]
issue raised in their briefs.\10\ Further, we request that interested
parties limit their public executive summary of each issue to no more
than 450 words, not including citations. We intend to use the public
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\12\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\13\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\14\ If Okechamp's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific ad valorem AD
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). If
Okechamp's weighted-average dumping margin is zero or de minimis in the
final results of review, or if an importer-specific assessment rate is
zero or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties. The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by the final results of this review and
for future deposits of estimated duties, where applicable.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Okechamp
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate established in the original less-than-fair value (LTFV)
investigation (i.e., 34.32 percent) \16\ if there is no rate for the
intermediate company(ies) involved in the transaction.\17\
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\16\ See Order, 88 FR at 33097.
\17\ 17 For a full discussion of this practice, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Okechamp in the
final results of review will be equal to the weighted-average dumping
margin established in the final results of this administrative review
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or the original LTFV investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recently-completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 34.32 percent,\18\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\18\ See Order, 88 FR at 33097.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: September 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-17456 Filed 9-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 11, 2025.
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