Notice2026-00198
Fresh Mushrooms From Canada: Initiation of Less-Than-Fair-Value Investigation
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
January 8, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 5 (Thursday, January 8, 2026)</title>
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[Federal Register Volume 91, Number 5 (Thursday, January 8, 2026)]
[Notices]
[Pages 663-668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00198]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-873]
Fresh Mushrooms From Canada: Initiation of Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 2, 2026.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2517.
SUPPLEMENTARY INFORMATION:
The Petition
On September 16, 2025, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of fresh
mushrooms from Canada filed in proper form on behalf of the Fresh
Mushrooms Fair Trade Coalition and its individual members
(collectively, the petitioners), domestic producers of fresh
mushrooms.\1\ The AD Petition was accompanied by a countervailing duty
(CVD) petition concerning imports of fresh mushrooms from Canada.\2\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated September 16, 2025
(Petition). The individual members of the Fresh Mushrooms Fair Trade
Coalition are Giorgio Fresh Co. (including Donna Bella Farms LLC and
Giorgi Mushroom Co.), J-M Farms LLC, Kennett Square Mushroom
Operation LLC, Modern Mushroom Farms, Inc., Needham's Mushroom
Farms, Inc., and Sher-Rockee Mushroom Farms.
\2\ Id.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of All Case Deadlines,'' dated
November 24, 2025.
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Between September 18 and September 24, 2025, Commerce requested
supplemental information pertaining to certain aspects of the Petition
in supplemental questionnaires.\5\ Between September 23 and 26, 2025,
the petitioners filed timely responses to these requests for additional
information.\6\
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\5\ See Commerce's Letters, ``Supplemental Questions,'' dated
September 18, 2025 (First General Issues Supplemental
Questionnaire); see also ``Supplemental Questions,'' dated September
18, 2025; ``Second Supplemental Questions,'' dated September 24,
2025; and ``Second Supplemental Questions,'' dated September 24,
2025 (Second General Issues Supplemental Questionnaire).
\6\ See Petitioners' Letters, ``Petitioners' Amendment to Volume
I Relating to Request for the Imposition of Antidumping and
Countervailing Duties on Imports from Canada,'' dated September 23,
2025 (First General Issues Supplement); see also ``Petitioners'
Supplement to Volume II Relating to Request for the Imposition of
Antidumping Duties on Imports from Canada,'' dated September 23,
2025; ``Petitioners' 2nd Amendment to Volume I Relating to Request
for the Imposition of Antidumping and Countervailing Duties on
Imports from Canada,'' dated September 26, 2025 (Second General
Issues Supplement); and ``Petitioners' Second Supplement to Volume
II Relating to Request for the Imposition of Antidumping Duties on
Imports from Canada,'' dated September 26, 2025.
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[[Page 664]]
On December 15, 2025, Commerce extended the initiation deadline by
20 days to poll the domestic industry in accordance with section
732(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because
it was ``not clear from the Petitions whether the industry support
criteria have been met. . . .'' \7\
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\7\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions: Fresh
Mushrooms from Canada, 90 FR 60059 (December 23, 2025) (Initiation
Extension Notice).
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In accordance with section 732(b) of the Act, the petitioners
allege that imports of fresh mushrooms from Canada are being, or are
likely to be, sold in the United States at less than fair value (LTFV)
within the meaning of section 731 of the Act, and that imports of such
products are materially injuring, or threatening material injury to,
the fresh mushrooms industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petition was accompanied by
information reasonably available to the petitioners supporting their
allegations.
The petitioners filed the Petition as interested parties, as
defined in section 771(9)(C), (F), and (G) of the Act.\8\ Commerce
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested LTFV investigation and filed the
Petition on behalf of the domestic industry.\9\
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\8\ The Fresh Mushrooms Fair Trade Coalition is an interested
party as defined in section 771(9)(F) of the Act. The individual
members are interested parties as defined in sections 771(9)(C) and
(G) of the Act.
\9\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation (POI)
Because the Petition was filed on September 16, 2025, pursuant to
19 CFR 351.204(b)(1), the POI for the Canada LTFV investigation is July
1, 2024 to June 30, 2025.
Scope of the Investigation
The product covered by this investigation is fresh mushrooms from
Canada. For a full description of the scope of this investigation, see
the appendix to this notice.
Comments on the Scope of the Investigation
Between September 18 and September 24, 2025, Commerce requested
information and clarification from the petitioners regarding the
proposed scope to ensure that the scope language in the Petition is an
accurate reflection of the products for which the domestic industry is
seeking relief.\10\ Between September 23 and 26, 2025, the petitioners
provided clarifications regarding the scope.\11\ The description of
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
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\10\ See First General Issues Supplemental Questionnaire; see
also Second General Issues Supplemental Questionnaire.
\11\ See First General Issues Supplement at 2-3; see also Second
General Issues Supplement at 2-4.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\12\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information, all such factual information should be limited to public
information.\13\ Commerce requests that interested parties provide at
the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on January 22, 2026, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on February 2, 2026, which is the next business
day after 10 calendar days from the initial comment deadline.\14\
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\12\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\13\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\14\ The deadline for initial scope comments falls on February
1, 2026, which is a Sunday. Commerce's practice dictates that where
a deadline falls on a weekend or federal holiday, the appropriate
deadline is the next business day (in this instance, February 2,
2026). See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\15\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\15\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of fresh mushrooms to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise to report the relevant cost of production (COP)
accurately, as well as to develop appropriate product comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe fresh mushrooms, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
[[Page 665]]
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
To consider the suggestions of interested parties in developing and
issuing the AD questionnaires, all product characteristics comments
must be filed by 5:00 p.m. ET on January 22, 2026, which is 20 calendar
days from the signature date of this notice. Any rebuttal comments must
be filed by 5:00 p.m. ET on February 2, 2026, which is the next
business day after 10 calendar days from the initial comment
deadline.\16\ All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
LTFV investigation.
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\16\ The deadline for initial product characteristics comments
falls on February 1, 2026, which is a Sunday. Commerce's practice
dictates that where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next business day (in this
instance, February 2, 2026). See 19 CFR 351.303(b)(1) (``For both
electronically filed and manually filed documents, if the applicable
due date falls on a non-business day, the Secretary will accept
documents that are filed on the next business day.'').
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
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\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.Supp.
639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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In investigations involving a processed agricultural product that
is produced from a raw agricultural product, section 771(4)(E) of the
Act provides that the producers or growers of the raw agricultural
product may be considered part of the industry producing the processed
product if: (1) the processed agricultural product is produced from the
raw agricultural product through a continuous line of production, and
(2) there is a substantial coincidence of economic interest between the
producers or growers of the raw agricultural product and the processors
of the processed agricultural product based upon relevant economic
factors, which may include price, added market value, or other economic
interrelationships. Thus, to determine whether the petition has the
requisite industry support if it involves a processed agricultural
product, the statute directs Commerce to look to growers, processors,
and workers who produce the domestic like product. The petitioners
state that the requirements under section 771(4)(E) of the Act are
satisfied.\19\
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\19\ See Petition at Volume I (pages 13-14).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\20\ Based on our analysis of the information
submitted on the record, we have determined that fresh mushrooms, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\21\
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\20\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Fresh Mushrooms from Canada,'' dated concurrently with, and hereby
adopted by, this notice (Canada AD Initiation Checklist), at
Attachment II, ``Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Fresh Mushrooms from
Canada'' (Attachment II). This checklist is on file electronically
via ACCESS.
\21\ For further discussion, see Canada AD Initiation Checklist
at Attachment II.
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On September 29, 2025, we received timely filed comments on
industry support from the Canadian Mushroom Growers' Association
(CMGA), a trade association comprised of Canadian mushroom growers/
exporters.\22\ In addition, in consultations held by Commerce officials
with representatives of the Government of Canada (GOC) on September 29,
2025, the GOC raised industry support concerns relating to both the CVD
and AD Petitions.\23\ On October 1, 2025, the petitioners responded to
the comments from CMGA in a timely filed rebuttal submission.\24\
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\22\ See CMGA's Letter, ``Mushrooms Canada's Industry Support
Comments and Request to Postpone Initiation for Lack of Standing and
to Poll the Domestic Industry,'' dated September 29, 2025.
\23\ See Memorandum, ``Consultations with the Government of
Canada,'' dated November 21, 2025; see also GOC's Letter,
``Government of Canada's Consultations Materials,'' dated October 1,
2025.
\24\ See Petitioners' Letter, ``Petitioners' Response to
Mushrooms Canada's Industry Support Comments,'' dated October 1,
2025 (Petitioners' Rebuttal).
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On December 15, 2025, Commerce extended the initiation deadline by
20 days to poll the industry in accordance with section 732(c)(4)(D) of
the Act, because it was ``not clear from the Petitions whether the
industry support criteria have been met. . . .'' \25\ On December 18,
2025, we issued polling questionnaires to all known producers
identified in the Petitions.\26\ We requested that the companies
complete the polling questionnaire and certify their responses by the
due date specified in the cover letter to the questionnaire.\27\
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\25\ See Initiation Extension Notice.
\26\ See Commerce's Letter, ``Polling Questionnaire,'' dated
December 18, 2025.
\27\ Id.
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Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers
[[Page 666]]
and workers who support the Petition account for at least 25 percent of
the total production of the domestic like product and more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
Petition.\28\ Accordingly, Commerce determines that the Petition was
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\29\
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\28\ See Attachment II of the Canada AD Initiation Checklist.
\29\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\30\
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\30\ For further information regarding negligibility and the
injury allegation, see Canada AD Initiation Checklist at Attachment
III, ``Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Fresh Mushrooms from Canada.''
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The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
increased market share of subject imports; lost sales and revenues;
underselling and price depression and/or suppression; declines in
production, capacity utilization, and employment variables; and
negative impact on financial performance.\31\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\32\
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\31\ Id.
\32\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an LTFV
investigation of imports of fresh mushrooms from Canada. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the Canada AD
Initiation Checklist.
U.S. Price
The petitioners calculated export price (EP) based on pricing
information for fresh mushrooms produced in Canada and sold or offered
for sale in the U.S. market during the POI.\33\ The petitioners made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\34\
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\33\ See Canada AD Initiation Checklist.
\34\ Id.
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Normal Value <SUP>35</SUP>
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\35\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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The petitioners calculated NV on home market pricing information
they obtained for fresh mushrooms produced in and sold, or offered for
sale, in Canada during the POI.\36\
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\36\ See Canada AD Initiation Checklist.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of fresh mushrooms from Canada are being, or are
likely to be, sold in the United States at LTFV. Based on comparisons
of EP to NV, in accordance with sections 772 and 773 of the Act, the
estimated dumping margins for fresh mushrooms from Canada covered by
this initiation range from 26.29 to 38.31 percent.\37\
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\37\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that these meet the requirements of section 732 of
the Act. Therefore, we are initiating an LTFV investigation to
determine whether imports of fresh mushrooms from Canada are being, or
are likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners identified 24 companies in Canada
as producers and/or exporters of fresh mushrooms.\38\ Following
standard practice in LTFV investigations involving market economy
countries, in the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for imports under the appropriate Harmonized
Tariff Schedule of the United States (HTSUS) subheading(s) listed in
the ``Scope of the Investigation,'' in the appendix.
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\38\ See Petitions at Volume I (page 10 and Exhibit GEN-6); see
also First General Issues Supplement at 5 and Exhibit GEN-SUPP-2.
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On November 21, 2025, Commerce released CBP data on imports of
fresh mushrooms from Canada under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on the CBP data
and/or respondent selection must do so within three business days of
the publication date of this notice in the Federal Register.\39\
Comments must be filed electronically using ACCESS. An electronically
filed document must be received successfully in its entirety via ACCESS
by 5:00 p.m. ET on the specified deadline. Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\39\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated November 21, 2025.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of Canada via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigation, whether there is a reasonable indication that imports of
fresh mushrooms from Canada are materially injuring, or threatening
material injury to, a U.S.
[[Page 667]]
industry.\40\ A negative ITC determination will result in the
investigation being terminated.\41\ Otherwise, this LTFV investigation
will proceed according to statutory and regulatory time limits.
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\40\ See Fresh Mushrooms from Canada; Revised Schedule for the
Subject Proceeding, 90 FR 52094 (November 19, 2025).
\41\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \42\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\43\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation, pursuant to section 773(e)
of the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information, pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\44\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\45\
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\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013((Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2023) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\48\
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\48\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: January 2, 2026.
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
Scope of the Investigation
The merchandise covered by this investigation is fresh mushrooms
of the genus Agaricus (fresh mushrooms). This includes, but is not
limited to, fresh mushrooms of the species Agaricus bisporus, which
are commonly referred to as button mushrooms, chestnut mushrooms,
cremini or crimini mushrooms, baby bellas, portabella or portobello
mushrooms, table mushrooms, or as white or browns. Fresh mushrooms
include whole mushrooms, as well as mushrooms that have been sliced,
diced, or separated into stems and pieces prior to importation.
Fresh mushrooms may also be imported in bulk or loose form, or may
be imported in individual containers packaged
[[Page 668]]
for retail sale. The scope of this investigation includes all fresh
mushrooms of the genus Agaricus, whether or not organic, and
irrespective of age, cut, color, size, species, or packaging.
Subject merchandise may be cleaned, washed, inspected, subjected
to metal detection, sliced, diced, or de-stemmed, and/or vacuum
cooled prior to importation, but otherwise undergoes minimal further
processing. The scope of this investigation covers fresh mushrooms
of the genus Agaricus regardless of end use, including both
mushrooms destined for the fresh market and mushrooms intended for
food processing.
Fresh mushrooms of the genus Agaricus are currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
statistical reporting number 0709.51.0100. Although the HTSUS
statistical reporting number is provided for convenience and customs
purposes, the written description of the scope of this investigation
is dispositive.
[FR Doc. 2026-00198 Filed 1-7-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 8, 2026.
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