Notice2026-15993
Certain Preserved Mushrooms From the Netherlands: Preliminary Intent To Rescind Antidumping Duty Administrative Review; 2024-2025
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
August 6, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Okechamp B.V. (Okechamp) did not make bona fide sales during the period of review (POR), May 1, 2024, through April 30, 2025. Interested parties are invited to comment on these preliminary results of review. Accordingly, Commerce preliminary intends to rescind this review with respect to the sole respondent, Okechamp. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 150 (Thursday, August 6, 2026)</title>
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[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Notices]
[Pages 50763-50765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15993]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-815]
Certain Preserved Mushrooms From the Netherlands: Preliminary
Intent To Rescind Antidumping Duty Administrative Review; 2024-2025
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) did not make bona fide sales
during the period of review (POR), May 1, 2024, through April 30, 2025.
Interested parties are invited to comment on these preliminary results
of review. Accordingly, Commerce preliminary intends to rescind this
review with respect to the sole respondent, Okechamp. We invite
interested parties to comment on these preliminary results.
DATES: Applicable August 6, 2026.
FOR FURTHER INFORMATION CONTACT: Alex 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 June 25, 2025, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on certain preserved mushrooms
(preserved mushrooms) from the Netherlands.\1\ On July 9, 2025,
Commerce selected Okechamp as the sole mandatory respondent.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 26967 (June 25, 2025) (Initiation
Notice).
\2\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated July 9, 2025 (``Because this review was
initiated on a single firm, and the existence of reviewable POR
shipments attributable to the firm are corroborated by the CBP data,
Commerce will issue the initial questionnaire to Okechamp B.V. in
the near future, and will not wait until the comment deadline period
passes to issue the questionnaire, as no respondent selection
process is applicable to this review.'').
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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,
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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\ On
March 24, 2026, Commerce extended the deadline for these preliminary
results until no later than July 31, 2026.\5\
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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.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 24,
2026.
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For events that occurred since the Initiation Notice, see the
Preliminary Determination Memorandum.\6\ The Preliminary Decision
Memorandum is a public document and is on file electronically via
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/frnotices">https://access.trade.gov/frnotices</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Intent to Rescind the Administrative Review; 2024-2025,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by the Order is preserved mushrooms from the
Netherlands. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Intent To Rescind Administrative Review
As discussed in the Preliminary Decision Memorandum and as further
explained in the Bona Fides Sales Memorandum, Commerce preliminarily
finds that Okechamp did not make a bona fide sale of preserved
mushrooms during the POR.\7\ Commerce reached this conclusion based on
the totality of the record information surrounding Okechamp's reported
sale, including, but not limited to, the sales quantity, the sales
price, and atypical circumstances surrounding the sale.
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\7\ See Preliminary Decision Memorandum; see also Memorandum,
``Preliminary Bona Fides Sales Analysis for Okechamp B.V.,'' dated
concurrently with this notice.
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Because we preliminarily find that Okechamp did not make a bona
fide sale during the POR, we find that Okechamp had no reviewable
transactions during the POR. Since Okechamp is the sole company subject
to this administrative review, we preliminarily intend to rescind this
administrative review.\8\ The factual information used in our bona fide
sales analysis of Okechamp involves business proprietary information.
See the Bona Fide Sales Memorandum for a full discussion of the basis
of our preliminary findings.
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\8\ See 19 CFR 351.213(d)(3).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as an Appendix to this
notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with 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). However, because
Commerce has found that the only company subject to this review,
Okechamp, did not make a bona fide sale during the POR, there are no
calculations to disclose.
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 not later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\11\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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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 Service Procedures).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
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 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).\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 Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. 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. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce will inform parties of the scheduled date for the hearing.\14\
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\14\ See 19 CFR 351.310(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.
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, for which we are preliminarily
rescinding the review, we will instruct CBP to assess antidumping
duties on all appropriate entries at a rate equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue these rescission instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this administrative review in the Federal Register. If a timely
summons is filed at the U.S. Court of International
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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
If Commerce proceeds to a final rescission of this administrative
review, Okechamp's cash deposit rate will continue to be $0.44/kg net
drained weight, the rate calculated in the previous administrative
review.\15\ If Commerce issues final results for this administrative
review, Commerce will instruct CBP to collect cash deposits, effective
upon the publication of the final results, at the rate established
therein. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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\15\ See Certain Preserved Mushrooms from the Netherlands: Final
Results of Antidumping Duty Administrative Review; 2022-2024, 91 FR
21794 (April 23, 2026).
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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) 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
We are 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).
Dated: July 31, 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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2026-15993 Filed 8-5-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 6, 2026.
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