Notice2025-17457
Certain Preserved Mushrooms From the Netherlands: Preliminary Results of Antidumping Duty Administrative Review; 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) preliminarily determines that Okechamp B.V. (Okechamp) made sales of certain preserved mushrooms (mushrooms) from the Netherlands at less than normal value (NV) during the period of review (POR), November 3, 2022, through April 30, 2024. Interested parties are invited to comment on these preliminary results of review.
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 44033-44035]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17457]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-815]
Certain Preserved Mushrooms From the Netherlands: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Okechamp B.V. (Okechamp) made sales of certain
preserved mushrooms (mushrooms) from the Netherlands at less than
normal value (NV) during the period of review (POR), November 3, 2022,
through April 30, 2024. Interested parties are invited to comment on
these preliminary results of review.
DATES: Applicable September 11, 2025.
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 23, 2023, Commerce published the antidumping duty (AD) order
on mushrooms from the Netherlands.\1\ On May 30, 2024, Commerce
received a request for an administrative review from Okechamp.\2\ On
July 5, 2024, based on this timely request for review, and in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated this
administrative review of the Order.\3\
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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 Okechamp's Letter, ``Request for Administrative
Review,'' dated May 30, 2024.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 55567 (July 5, 2024) (Initiation
Notice).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ On December 9, 2024,
Commerce further tolled certain deadlines by an additional 90 days.\5\
On April 15, 2025, Commerce extended the deadline for these preliminary
results until no later than August 6, 2025.\6\ Finally, on August 6,
2025, Commerce fully extended the deadline for these preliminary
results to September 5, 2025.\7\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 15,
2025
\7\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated August 6, 2025.
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For detailed summary of the events that occurred since the
Initiation Notice, see the Preliminary Decision Memorandum.\8\ The
Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of topics discussed in the Preliminary
Decision Memorandum is included as an appendix to this notice.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Administrative Review: Certain Preserved Mushrooms from
the Netherlands; 2022-2024,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the scope of the Order is mushrooms from
the Netherlands. For a full description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act, and NV is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margin exists for the period November 3, 2022, through April
30, 2024:
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Weighted-
average dumping
margin (U.S.
Exporter/producer dollars per
kilogram of net
drained weight)
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Okechamp B.V........................................... 0.44
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Disclosure
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days after public announcement or, if there is no public
announcement, within five days after 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.\9\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
statement of the issue; (2) a brief
[[Page 44034]]
summary of the argument; and (3) a table of authorities.\11\
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\9\ See 19 CFR 351.309.
\10\ 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 Final Service Rule).
\11\ 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 brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\12\ 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 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), 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. Hearing 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 issues
raised in the respective case briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined and will notify the parties through ACCESS.\14\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date. All submissions, including case and rebuttal
briefs, as well as hearing requests, should be filed using ACCESS. An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\14\ See 19 CFR 351.210(d).
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Assessment Rates
Upon completion of the administrative review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\15\ Commerce intends to issue assessment instruction to CBP no
earlier than 35 days after the date of publication of the final results
in the Federal Register. For Okechamp, whose weighted-average dumping
margin is not zero or de minimis (i.e., less than 0.50 percent), we
will calculate importer- (or customer-) specific per-unit AD assessment
rates by dividing the total amount of dumping calculated for the
examined sales made to that importer (or customer) by the total
quantity associated with those sales. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19
CFR 351.106(c)(2), we also will calculate an importer-specific ad
valorem ratio based on estimated entered values.
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\15\ See 19 CFR 351.212(b)(1).
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The final results of this administrative 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.\16\
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\16\ See section 751(a)(2)(C) of the Act.
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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 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
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific
company listed above 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 previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be the all-others rate
established in the less-than-fair-value investigation (i.e., 132.97
percent).\17\
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\17\ See Order, 88 FR at 33097.
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Based on an analysis of Okechamp's submitted entered value data, we
have determined that there is a substantial difference between
Okechamp's net unit price for its entries of mushrooms and the entered
value reported to CBP. While Commerce normally directs CBP to collect
cash deposits on an ad valorem basis, we are not required to do so by
statute or by our regulations and have in the past used quantity-based
rates where appropriate.\18\ As such, we intend to direct CBP to
collect cash deposits from Okechamp on a per-unit basis upon completion
of the final results of this review. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\18\ See, e.g., Freshwater Crawfish Tail Meat from the People's
Republic of China; Notice of Final Results of Antidumping Duty
Administrative Review, and Final Partial Rescission of Antidumping
Duty Administrative Review, 67 FR 19546, 19549 (April 22, 2002);
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof from France, Germany, Italy, Japan, Sweden, and the United
Kingdom; Final Results of Antidumping Duty Administrative Reviews
and Revocation of Orders in Part, 66 FR 36551 (July 12, 2001); Honey
from the People's Republic of China: Final Results and Final
Rescission, In Part, of Antidumping Duty Administrative Review, 70
FR 38873 (July 6, 2005); and Fresh Garlic from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review,
70 FR 34082 (June 13, 2005).
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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 review period. 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
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.221(b)(4) and 19 CFR 351.213d(4).
[[Page 44035]]
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. 2025-17457 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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