Notice2026-00199
Fresh Mushrooms From Canada: Initiation of Countervailing Duty 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 668-672]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00199]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-874]
Fresh Mushrooms From Canada: Initiation of Countervailing Duty
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 2, 2026.
FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
The Petition
On September 16, 2025, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) 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 CVD Petition was accompanied by an antidumping duty
(AD) 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
(Petitions). 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 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; 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 III Relating to Request for the Imposition of
Countervailing Duties on Imports from Canada,'' dated September 23,
2025; and ``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).
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On December 15, 2025, Commerce extended the initiation deadline by
20 days to poll the domestic industry in accordance with section
702(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 702(b)(1) of the Act, the petitioners
allege that the Government of Canada (GOC) is providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of fresh mushrooms from Canada, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing fresh mushrooms in the United States. Consistent
with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those
alleged programs on which we are initiating a CVD investigation, 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 sections 771(9)(C), (F), and (G) of the Act.\8\ Commerce
finds that the petitioners demonstrated sufficient industry support
with respect to the initiation of the requested CVD 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 section 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, the POI is
January 1, 2024, through December 31, 2024.\10\
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\10\ See 19 CFR 351.204(b)(2).
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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.\11\ Between September 23 and 26, 2025, the petitioners
provided clarifications regarding the scope.\12\ The description of
merchandise covered by this investigation, as described in the appendix
to this notice, reflects these clarifications.
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\11\ See First General Issues Supplemental Questionnaire; see
also Second General Issues Supplemental Questionnaire.
\12\ 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).\13\ Commerce will consider
[[Page 669]]
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.\14\ 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.\15\
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\13\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\14\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\15\ The deadline for rebuttal 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
AD 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.\16\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\16\ 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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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\17\
Commerce held consultations with the GOC on September 29, 2025.\18\
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\17\ See Commerce's Letter, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated September 16,
2025.
\18\ See Memorandum, ``Consultations with the Government of
Canada,'' dated November 21, 2025 (GOC Consultations Memo). The GOC
submitted its consultations paper on October 1, 2025. See GOC's
Letter, ``Government of Canada's Consultations Materials,'' dated
October 1, 2025 (GOC's Letter).
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\19\ 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.\20\
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\19\ See section 771(10) of the Act.
\20\ 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.\21\
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\21\ 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
[[Page 670]]
investigation.\22\ Based on our analysis of the information submitted
on the record, we have determined that fresh mushrooms, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\23\
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\22\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing Duty Investigation Initiation Checklist:
Fresh Mushrooms from Canada,'' dated concurrently with, and hereby
adopted by, this notice (Canada CVD 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.
\23\ For further discussion, see Canada CVD 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.\24\ In addition, in consultations held by Commerce officials
with representatives of the GOC on September 29, 2025, the GOC raised
industry support concerns relating to both the CVD and AD
Petitions.\25\ On October 1, 2025, we also received timely filed
comments on industry support from the GOC in its consultations
paper.\26\ On October 1, 2025, the petitioners responded to the
comments from CMGA in a timely filed rebuttal submission.\27\
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\24\ 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.
\25\ See GOC Consultations Memo; see also GOC's Letter.
\26\ See GOC's Letter.
\27\ 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 702(c)(4)(D) of
the Act, because it was ``not clear from the Petitions whether the
industry support criteria have been met . . . .'' \28\ On December 18,
2025, we issued polling questionnaires to all known producers
identified in the Petitions.\29\ 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.\30\
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\28\ See Initiation Extension Notice.
\29\ See Commerce's Letter, ``Polling Questionnaire,'' dated
December 18, 2025.
\30\ Id.
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Our analysis of the data we received in the polling questionnaire
responses indicates that the domestic producers 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.\31\
Accordingly, Commerce determines that the industry support requirements
of section 702(c)(4)(A) of the Act have been met and that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\32\
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\31\ See Attachment II of the Canada CVD Initiation Checklist.
\32\ Id.
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Injury Test
Because Canada is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the fresh mushrooms from Canada materially injure,
or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of fresh mushrooms from Canada
are benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\33\
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\33\ For further information regarding negligibility and the
injury allegation, see Canada CVD Initiation Checklist at Attachment
III, ``Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty and Countervailing Duty Petitions
Covering Fresh Mushrooms from Canada'' (Attachment III).
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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.\34\ 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.\35\
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\34\ Id.
\35\ Id.
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of fresh mushrooms from Canada benefit from
countervailable subsidies conferred by the GOC. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all 27
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the Canada CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioners identified 24 companies in Canada
as producers and/or exporters of fresh mushrooms.\36\ Commerce intends
to follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in the investigation. Following standard
practice in CVD investigations, 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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\36\ See Petition 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 days of the
publication date of this notice in the Federal Register.\37\ Comments
must be filed electronically using ACCESS. An electronically filed
document must
[[Page 671]]
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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\37\ 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 a Copy of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC 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 its initiation, as required by
section 702(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. industry.\38\ A negative ITC determination
will result in the investigation being terminated.\39\ Otherwise, this
CVD investigation will proceed according to statutory and regulatory
time limits.
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\38\ See Fresh Mushrooms from Canada; Revised Schedule for the
Subject Proceeding, 90 FR 52094 (November 19, 2025).
\39\ 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 of production 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 \40\ 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.\41\ 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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\40\ See 19 CFR 351.301(b).
\41\ See 19 CFR 351.301(b)(2).
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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.\42\ 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.\43\
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\42\ See 19 CFR 351.302.
\43\ 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>.
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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.\44\
Parties must use the certification formats provided in 19 CFR
351.303(g).\45\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\44\ See section 782(b) of the Act.
\45\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</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).\46\
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\46\ 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 702 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 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
[[Page 672]]
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. 2026-00199 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.
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.