[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24941-24945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08947]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-833, A-421-815, A-455-806, A-469-825]


Certain Preserved Mushrooms From France, the Netherlands, Poland, 
and Spain: Initiation of Less-Than-Fair-Value Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable April 20, 2022.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan (France), Benjamin A. 
Smith (the Netherlands), Whitley Herndon (Poland), or Katherine Johnson 
(Spain), AD/CVD Operations, Offices I, III, V, and VIII, respectively, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2201, (202) 482-2181, (202) 482-6274, or 
(202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On March 31, 2022, the Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of certain preserved 
mushrooms (preserved mushrooms) from France, the Netherlands, Poland, 
and Spain filed in proper form on behalf of Giorgio Foods, Inc. (the 
petitioner), a domestic producer of preserved mushrooms.\1\
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    \1\ See Petitioner's Letter, ``Certain Preserved Mushrooms from 
France, Netherlands, Poland, and Spain: Petition for the Imposition 
of Antidumping Duties,'' dated March 31, 2022 (the Petitions).
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    Between April 5 and 12, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\2\ The petitioner filed responses to the 
supplemental questionnaires on April 8 and 13, 2022.\3\
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    \2\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Certain Preserved Mushrooms from 
France: Supplemental Questions,'' dated April 5, 2022 (General 
Issues Questionnaire); and Country-Specific Questionnaires: France 
Supplemental, Netherlands Supplemental, Poland Supplemental, and 
Spain Supplemental, dated April 5, 2022; see also Memoranda, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Certain Preserved Mushrooms from France, Netherlands and Poland: 
Phone Call with Counsel to the Petitioner,'' dated April 12, 2022; 
and ``Petition for the Imposition of Antidumping Duties on Imports 
of Certain Preserved Mushrooms from Spain: Phone Call with Counsel 
to the Petitioner,'' dated April 12, 2022 (collectively, April 12, 
2022 Memoranda).
    \3\ See Petitioner's Letters, ``Certain Preserved Mushrooms from 
France, Netherlands, Poland, and Spain--Petitioner's Supplement to 
Volume I Relating to Request for the Imposition of Antidumping 
Duties on Imports from France, Netherlands, Poland, and Spain,'' 
dated April 8, 2022 (General Issues Supplement); Petitioner's 
Country-Specific Supplemental Responses, dated April 8, 2022; and 
``Certain Preserved Mushrooms from France, Netherlands, Poland, and 
Spain--Petitioner's Second Supplement to Volume V Relating to 
Request for the Imposition of Antidumping Duties on Imports from 
Spain,'' dated April 13, 2022 (Spain Second Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of preserved 
mushrooms from France, the Netherlands, Poland, and Spain 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 preserved mushroom industry in the United States. 
Consistent with section 732(b)(1) of the Act, the Petitions were 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigations.\4\
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    \4\ See infra, section titled ``Determination of Industry 
Support for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on March 31, 2022, the period of 
investigation (POI) for these LTFV investigations is January 1, 2021, 
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).\5\
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    \5\ See 19 CFR 351.204(b)(1).

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[[Page 24942]]

Scope of the Investigations

    The product covered by these investigations is preserved mushrooms 
from France, the Netherlands, Poland, and Spain. For a full description 
of the scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On April 5 and 12, 2022, Commerce requested further information and 
clarification from the petitioner regarding the proposed scope, to 
ensure that the scope language in the Petitions is an accurate 
reflection of the product for which the domestic industry is seeking 
relief.\6\ On April 8, 2022, the petitioner revised the scope.\7\ The 
description of the merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \6\ See General Issues Questionnaire; see also April 12, 2022 
Memoranda.
    \7\ See General Issues Supplement at 4 and Exhibit GEN-12.
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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).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on May 10, 2022, which is 20 calendar days from the signature date 
of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 20, 2022, which is 
ten calendar days from the initial comment deadline.
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of these 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent AD 
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.\10\ An electronically-filed document must be received 
successfully in its entirety by the time and date on which it is due. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information until 
further notice.\11\
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    \10\ 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 help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of preserved 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 in order to report the relevant costs of 
production 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 preserved 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 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.
    In order 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 May 10, 2022, 
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 May 20, 2022, which 
is ten calendar days from the initial comment deadline. All comments 
and submissions to Commerce must be filed electronically using ACCESS, 
as explained above, on the record of each of the LTFV investigations.

Determination of Industry Support for the Petitions

    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,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In

[[Page 24943]]

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.\13\
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    \12\ See section 771(10) of the Act.
    \13\ 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 865 F. 2d 240 (Fed. Cir. 1989)).
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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 petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that preserved 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.\15\
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    \14\ See Petitions at Volume I at 9-10.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklists: Certain 
Preserved Mushrooms from France, the Netherlands, Poland, and Spain 
(Country-Specific AD Initiation Checklists) at Attachment II, 
Analysis of Industry Support for the Antidumping Duty Petitions 
Covering Certain Preserved Mushrooms from France, the Netherlands, 
Poland, and Spain (Attachment II). These checklists are dated 
concurrently with this notice and on file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own 2021 production of the domestic like product.\16\ In addition, the 
petitioner estimated the 2021 production of Sunny Dell Foods, LLC, the 
other U.S. producer of the domestic like product in 2021.\17\ The 
petitioner then compared its production to the total volume of 
preserved mushrooms produced by the U.S. industry.\18\ We relied on the 
data provided by the petitioner for purposes of measuring industry 
support.\19\
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    \16\ See Petitions at Volume I at 3-4.
    \17\ Id. at 4 and Exhibit GEN-1.
    \18\ Id. at 4.
    \19\ Id. at 2-4 and Exhibit GEN-1; see also General Issues 
Supplement at 4-5 and Exhibit GEN-13.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\20\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for 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 Petitions.\23\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\24\
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    \20\ Id. For further discussion, see Attachment II of the 
Country-Specific AD Initiation Checklists.
    \21\ Id.; see also section 732(c)(4)(D) of the Act.
    \22\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \23\ Id.
    \24\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges 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 petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\25\
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    \25\ See Petitions at Volume I at 11 and Exhibit GEN-7.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share, underselling and price depression and/or 
suppression; declining U.S. shipments; plant closures and layoffs; low 
capacity utilization; low operating income; lost sales and revenues; 
and weak financial performance.\26\ 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.\27\
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    \26\ Id. at 12-26 and Exhibits GEN-2 through GEN-4, and GEN-8 
through GEN-10; see also General Issues Supplement at 5-6 and 
Exhibit GEN-14.
    \27\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Certain 
Preserved Mushrooms from France, Netherlands, Poland, and Spain 
(Attachment III).
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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 these LTFV 
investigations on imports of preserved mushrooms from France, the 
Netherlands, Poland, and Spain. 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 country-specific AD initiation 
checklists.

U.S. Price

    For France, the Netherlands, Poland, and Spain, the petitioner 
based export price (EP) on the average unit values of publicly 
available import data.\28\ To calculate an ex-factory, net EP, the 
petitioner then deducted expenses associated with inland freight 
incurred within each respective country.\29\
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    \28\ See Country-Specific AD Initiation Checklists.
    \29\ Id.
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Normal Value 30
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    \30\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the 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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    For France, the Netherlands, Poland, and Spain, the petitioner 
based normal value (NV) on home market prices obtained through market 
research for preserved mushrooms produced in and sold, or offered for 
sale, in each country during the applicable time period.\31\ For Spain, 
the petitioner provided information indicating that the home market 
prices it obtained through market research were below the cost of 
production (COP) and, therefore, the petitioner also calculated NV 
based on constructed value (CV).\32\ For further

[[Page 24944]]

discussion of CV, see the section ``Normal Value Based on Constructed 
Value.''
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    \31\ See Country-Specific AD Initiation Checklists.
    \32\ See Spain AD Initiation Checklist.
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Normal Value Based on Constructed Value

    As noted above, the petitioner provided information indicating that 
the prices charged for preserved mushrooms produced in and sold, or 
offered for sale, in Spain were below the COP; therefore, for Spain, 
the petitioner also calculated NV based on CV.\33\ Pursuant to section 
773(e) of the Act, the petitioner calculated CV as the sum of the cost 
of manufacturing (COM); selling, general, and administrative expenses; 
financial expenses; and profit.\34\ In calculating the COM, the 
petitioner stated that it did not have access to the actual production 
costs in Spain of preserved mushrooms because such information is not 
publicly available.\35\ Therefore, the petitioner relied on its own 
production experience and input consumption rates, adjusted for known 
differences, and valued inputs using publicly available information on 
costs specific to Spain during the proposed POI.\36\ In calculating 
selling, general, and administrative expenses; financial expenses; and 
profit ratios, the petitioner relied on the financial statements of 
producers of preserved mushrooms or comparable merchandise in 
Spain.\37\
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    \33\ Id.
    \34\ Id.
    \35\ Id.
    \36\ Id.
    \37\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of preserved mushrooms from France, the 
Netherlands, Poland, and Spain 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 preserved mushrooms from each of the countries covered by 
this initiation are as follows: (1) France--124.41 percent to 360.88 
percent; (2) the Netherlands--120.88 percent to 146.59 percent; (3) 
Poland--20.07 percent to 30.01 percent; and (4) Spain--17.21 percent to 
156.59 percent.\38\
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    \38\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon our examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating these LTFV investigations to 
determine whether imports of preserved mushrooms from France, the 
Netherlands, Poland, and Spain 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 determinations no later than 140 days after the date of 
this initiation.

Respondent Selection

    In the Petitions, the petitioner identified four companies in 
France, six companies in the Netherlands, five companies in Poland, and 
seven companies in Spain as producers and/or exporters of preserved 
mushrooms.\39\ Following standard practice in LTFV investigations 
involving market economy countries, in the event that Commerce 
determines that the number of exporters or producers in any individual 
case is large such that it cannot individually examine each company 
based upon its resources, where appropriate, Commerce intends to select 
mandatory respondents in that case based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports under the appropriate Harmonized 
Tariff Schedule of the United States subheadings listed in the ``Scope 
of the Investigations,'' in the appendix.
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    \39\ See Petitions at Volume I at 8 and Exhibit GEN-5; see also 
General Issues Supplement at 2 and Exhibit GEN-11.
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    On April 18 and 19, 2022, Commerce released CBP data on U.S. 
imports of preserved mushrooms from France, the Netherlands, Poland, 
and Spain 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 after the publication 
date of the notice of initiation of these investigations.\40\ Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \40\ See Memoranda, ``Antidumping Duty Petition on Imports of 
Preserved Mushrooms from the Netherlands: Release of U.S. Customs 
and Border Protection Data,'' dated April 18, 2022; ``Antidumping 
Duty Petition on Imports of Preserved Mushrooms from Poland: Release 
of U.S. Customs and Border Protection Data,'' dated April 18, 2022; 
``Antidumping Duty Petition on Imports of Preserved Mushrooms from 
Spain: Release of U.S. Customs and Border Protection Data,'' dated 
April 18, 2022; and ``Antidumping Duty Petition on Imports of 
Preserved Mushrooms from France: Release of U.S. Customs and Border 
Protection Data,'' dated April 19, 2022.
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    Comments on CBP data and respondent selection 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. 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 
https://enforcement.trade.gov/apo.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of France, the Netherlands, Poland, and 
Spain via ACCESS. To the extent practicable, we will attempt to provide 
a copy of the public version of the Petitions to each exporter named in 
the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of preserved mushrooms from France, the 
Netherlands, Poland, and Spain are materially injuring, or threatening 
material injury to, a U.S. industry.\41\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\42\ Otherwise, these LTFV investigations will 
proceed according to statutory and regulatory time limits.
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    \41\ See section 733(a) of the Act.
    \42\ 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 \43\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information

[[Page 24945]]

already on the record that the factual information seeks to rebut, 
clarify, or correct.\44\ 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 these investigations.
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    \43\ See 19 CFR 351.301(b).
    \44\ 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, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a 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), set 
a deadline for the submission of 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 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.

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. 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, we 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, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in these 
investigations.\45\
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    \45\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or countervailing 
duty 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, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing a letter of appearance as 
discussed). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\48\
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    \48\ See Temporary Rule.
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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: April 20, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations is certain 
preserved mushrooms, whether imported whole, sliced, diced, or as 
stems and pieces. The preserved mushrooms covered under these 
investigations are the genus Agaricus. ``Preserved mushrooms'' refer 
to mushrooms that have been prepared or preserved by cleaning, 
blanching, and sometimes slicing or cutting. These mushrooms are 
then packed and heat sterilized in containers each holding a net 
drained weight of not more than 12 ounces (340.2 grams), including 
but not limited to cans or glass jars, in a suitable liquid medium, 
including but not limited to water, brine, butter, or butter sauce. 
Preserved mushrooms may be imported whole, sliced, diced, or as 
stems and pieces.
    Excluded from the scope are ``marinated,'' ``acidified,'' or 
``pickled'' mushrooms, which are prepared or preserved by means of 
vinegar or acetic acid, but may contain oil or other additives. To 
be prepared or preserved by means of vinegar or acetic acid, the 
merchandise must be a minimum 0.5 percent by weight acetic acid.
    The merchandise subject to these investigations is classifiable 
under subheadings 2003.10.0127, 2003.10.0131, and 2003.10.0137 of 
the Harmonized Tariff Schedule of the United States (HTSUS). The 
subject merchandise may also be classified under HTSUS subheadings 
2003.10.0143, 2003.10.0147, and 2003.10.0153. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise under investigation is 
dispositive.

[FR Doc. 2022-08947 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P