[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3382-3384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00931]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-833]


Certain Preserved Mushrooms From France: Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing an antidumping duty order on 
certain preserved mushrooms (preserved mushrooms) from France.

DATES: Applicable January 19, 2023.

FOR FURTHER INFORMATION CONTACT: Christopher Williams, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5166.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on November 28, 2022, Commerce published 
its affirmative final determination in the less-than-fair-value (LTFV) 
investigation of preserved mushrooms from France.\1\

[[Page 3383]]

On January 12, 2023, the ITC notified Commerce of its final 
determination, pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of 
preserved mushrooms from France.\2\
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    \1\ See Certain Preserved Mushrooms from France: Final 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
72963 (November 28, 2022) (Final Determination).
    \2\ See ITC's Letter, Investigation No. 731-TA-1587 (Final), 
dated January 12, 2023.
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Scope of the Order

    The product covered by this order is preserved mushrooms from 
France. For a complete description of the scope of the order, see the 
appendix to this notice.

Antidumping Duty Order

    On January 12, 2023, in accordance with sections 735(b)(1)(A)(i) 
and 735(d) of the Act, the ITC notified Commerce of its final 
determination that an industry in the United States is materially 
injured by reason of imports of preserved mushrooms from France. 
Therefore, Commerce is issuing this antidumping duty order in 
accordance with sections 735(c)(2) and 736 of the Act. Because the ITC 
determined that imports of preserved mushrooms from France are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from France, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of preserved mushrooms from France. Antidumping duties 
will be assessed on unliquidated entries of preserved mushrooms from 
France, entered, or withdrawn from warehouse, for consumption, on or 
after September 13, 2022, the date of publication of the Preliminary 
Determination, but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination, as further described below.\3\
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    \3\ See Certain Preserved Mushrooms from France: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
55997 (September 13, 2022) (Preliminary Determination).
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Continuation of Suspension of Liquidation and Cash Deposits

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation on all relevant entries of 
preserved mushrooms from France which are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
ITC's notice of final determination in the Federal Register. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the amounts indicated below. Accordingly, effective on the date of 
publication in the Federal Register of the notice of the ITC's final 
affirmative injury determination, CBP will require, at the same time as 
importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the cash deposit rates listed in 
the table below. The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for this antidumping 
order are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Bonduelle Europe Long Life..............................        * 360.88
France Champignon.......................................        * 360.88
All-Others..............................................          224.68
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* Rate based on adverse facts available.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
Commerce's Preliminary Determination was published on September 13, 
2022.\4\ Commerce's Final Determination was not extended and was 
published on November 28, 2022.\5\ As such, the four-month period 
beginning on the date of publication of the Preliminary Determination 
ended on January 10, 2023.
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    \4\ Id.
    \5\ See Final Determination.
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    Therefore, in accordance with section 733(d) of the Act, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of preserved mushrooms from France, entered or withdrawn from 
warehouse, for consumption after January 10, 2023, the date on which 
provisional measures expired, through the day preceding the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register. Suspension of liquidation and the collection of cash 
deposits will resume on the date of publication of the ITC's final 
affirmative injury determination in the Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\6\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\7\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\8\
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    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \8\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and

[[Page 3384]]

under a specific segment type called ``AISL-Annual Inquiry Service 
List.'' \9\
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    \9\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
published in the Federal Register in January, the relevant segment 
and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \10\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
preserved mushrooms from France pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: January 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order is certain preserved 
mushrooms, whether imported whole, sliced, diced, or as stems and 
pieces. The preserved mushrooms covered under this order 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 this order 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 scope is dispositive.

[FR Doc. 2023-00931 Filed 1-18-23; 8:45 am]
BILLING CODE 3510-DS-P