[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18115-18117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06185]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-815]


Certain Preserved Mushrooms From the Netherlands: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain preserved mushrooms (preserved mushrooms) from the Netherlands 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation (POI) is January 1, 
2021, through December 31, 2021.

DATES: Applicable March 27, 2023.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla or Benjamin A. Smith, 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 or (202) 
482-2181, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2022, Commerce published in the Federal Register its 
Preliminary Determination in the LTFV investigation of preserved 
mushrooms from the Netherlands, in which it also postponed the final 
determination until March 20, 2023.\1\ Commerce invited interested 
parties to comment on the Preliminary Determination.
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    \1\ See Certain Preserved Mushrooms from the Netherlands: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 87 FR 66265 (November 3, 2022) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\ 
The Issues and Decision Memorandum is a public document and is 
available electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Antidumping Duty Determination in the Less-Than-
Fair-Value Investigation of Certain Preserved Mushrooms from the 
Netherlands,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are preserved mushrooms 
from the Netherlands. For a complete description of the scope of this 
investigation, see Appendix I.

Verification

    Commerce conducted verification of the information relied upon in 
making its final determination in this investigation, in accordance 
with section 782(i) of the Tariff Act of 1930, as amended (the Act). 
Specifically, Commerce conducted on-site verifications of the third-
country sales, U.S. sales, and cost of production responses submitted 
by Prochamp B.V. (Prochamp).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are discussed in the Issues and Decision Memorandum. 
A list of the issues raised in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Changes From the Preliminary Determination

    We have made certain changes to the margin calculations for 
Prochamp since the Preliminary Determination. See the Issues and 
Decision Memorandum for a discussion of these changes.

Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned an 
estimated weighted-average dumping margin on the basis of facts 
available with an adverse inference (AFA) to Okechamp B.V. (Okechamp) 
pursuant to sections 776(a) and (b) of the Act.\3\ There is no new 
information on the record that would cause us to revisit our decision 
in the Preliminary Determination. Accordingly, for this final 
determination, we continue to find that the application of AFA pursuant 
to sections 776(a) and (b) of the Act is warranted with respect to 
Okechamp.
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    \3\ See Preliminary Determination, 87 FR at 66266, and PDM at 6-
10.
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    In applying AFA, we are assigning the highest rate alleged in the 
petition as the estimated weighted-average dumping margin to Okechamp. 
Because this AFA rate is derived from the petition and, consequently, 
is based upon secondary information, Commerce must corroborate the rate 
to the extent practicable, pursuant to section 776(c) of the Act.
    Because we calculated a zero percent margin for Prochamp, the sole 
mandatory respondent with a calculated an estimated weighted-average 
dumping margin in this investigation, and Prochamp's margin calculation 
does not otherwise provide transaction-specific dumping margins for the 
purposes of comparison, we are unable to corroborate the highest 
dumping margin alleged in the petition using information from a 
mandatory respondent in this investigation. Thus, for purposes of 
corroboration, we examined evidence supporting the calculations of the 
highest dumping margin alleged in the petition. As is Commerce's 
practice, during the LTFV investigation pre-initiation analysis, we 
examined: (1) the information used as the basis for export price and 
normal value in the petition; (2) the calculations used to derive the 
alleged margin; and (3) information from various independent sources

[[Page 18116]]

provided in the petition.\4\ We determine that the highest dumping 
margin alleged in the petition of 146.59 percent is reliable, where, to 
the extent appropriate information was available, we reviewed the 
adequacy and accuracy of the information in the petition as reflected 
in the Initiation Checklist from the investigation.\5\ In addition, we 
obtained no other information that would cause us to question the 
validity of the information supporting the relevance or reliability of 
the petition rate.
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    \4\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished from Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, from Japan; 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Partial Termination of Administrative Reviews, 61 FR 57391 (November 
6, 1996); Prestressed Concrete Steel Wire Strand from Taiwan: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value and Negative Preliminary Determination of Critical 
Circumstances, 85 FR 61726 (September 30, 2020), and accompanying 
PDM at 6-7, unchanged in Prestressed Concrete Steel Wire Strand from 
Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, 
the Republic of Turkey, and the United Arab Emirates: Final 
Affirmative Determinations of Sales at Less Than Fair Value and 
Final Affirmative Critical Circumstances, in Part, 85 FR 80001 
(December 11, 2020).
    \5\ See Certain Preserved Mushrooms from France, the 
Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value 
Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice) and 
accompanying Antidumping Duty Investigation Initiation Checklist, 
``Certain Preserved Mushrooms from the Netherlands,'' dated April 
20, 2022 (Initiation Checklist).
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    Accordingly, because we corroborated the highest dumping margin 
alleged in the petition to the extent practicable within the meaning of 
section 776(c) of the Act, we find the 146.59 percent rate to be both 
reliable and relevant and, accordingly, that it has probative value. 
Therefore, we assigned this rate to Okechamp as AFA.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually examined shall be equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding rates that are zero, 
de minimis, or determined entirely under section 776 of the Act.
    In this investigation, Commerce did not calculate estimated 
weighted-average dumping margins for mandatory respondents Prochamp or 
Okechamp that are not zero, de minimis, or based entirely on facts 
otherwise available. Pursuant to section 735(c)(5)(B) of the Act, 
Commerce's normal practice under these circumstances is to calculate 
the all-others rate as a simple average of the dumping margin(s) 
alleged in the petition.\6\
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    \6\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 
10, 2008); and Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).
    \7\ See ``All Others Rate'' section, supra; see also Initiation 
Notice, 87 FR at 24944, and the Initiation Checklist. The margins 
alleged in the Petition were 120.88, 131.45, and 146.59 percent.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the POI:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Okechamp B.V................................................      146.59
Prochamp B.V................................................        0.00
All Others..................................................  \7\ 132.97
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of preserved mushrooms from the 
Netherlands, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after 
November 3, 2022, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register, with the 
exception of entries of subject merchandise that were produced and 
exported by Prochamp. Because the estimated weighted-average dumping 
margin for Prochamp is zero, entries of shipments of subject 
merchandise produced and exported by Prochamp will not be subject to 
suspension of liquidation or cash deposit requirements. In such 
situations, Commerce applies the exclusion to the provisional measures 
to the producer/exporter combination that was examined in the 
investigation. Accordingly, Commerce is directing CBP to not suspend 
merchandise produced and exported by Prochamp. However, entries of 
subject merchandise in any other producer/exporter combination, e.g., 
merchandise produced by a third party and exported by Prochamp, or 
produced by Prochamp and exported by a third party, are subject to the 
cash deposit requirements at the all-others rate.
    Furthermore, other than for entries produced and exported by 
Prochamp, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rate for the respondents 
listed in the table above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this final 
determination; (2) if the exporter is not a respondent identified above 
but the producer is, then the cash deposit rate will be equal to the 
company-specific estimated weighted-average dumping margin established 
for that producer of the subject merchandise; and (3) the cash deposit 
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin listed in the table 
above.
    These suspension of liquidation instructions will remain in effect 
until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of preserved mushrooms from the 
Netherlands no later than 45 days after our final determination. If the 
ITC determines that such injury does not exist, this proceeding will be

[[Page 18117]]

terminated, all cash deposits posted will be refunded, and suspension 
of liquidation will be lifted. If the ITC determines that such injury 
does exist, Commerce will issue an antidumping duty order directing CBP 
to assess, upon further instruction by Commerce, antidumping duties on 
all imports of the subject merchandise, other than those produced and 
exported by Prochamp, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice serves as a final reminder to the parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: March 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

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

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Application of Adverse Facts Available to Okechamp
    Comment 2: Rejection of Okechamp's Untimely Submission of the 
Auditors' Opinion
    Comment 3: Decision To Not Verify Okechamp
    Comment 4: Okechamp's Cost of Production Information
    Comment 5: Okechamp's Sales Data
    Comment 6: Application of Adverse Facts Available to Prochamp
    Comment 7: Prochamp's Financial Reporting
    Comment 8: Calculation Basis of Prochamp's Cost of Production 
Costs
    Comment 9: Prochamp's Third-Country Sales Reporting
    Comment 10: Prochamp's Reporting of Control Numbers
    Comment 11: Prochamp's Reporting of Date of Sale
    Comment 12: Prochamp's Reporting of Certain Separately-
Negotiated U.S. Freight Revenues
    Comment 13: Prochamp's Reporting of U.S. Gross Unit Prices 
Inclusive of Separately Negotiated Revenues
    Comment 14: Accuracy of Prochamp's Reporting of Certain U.S. 
Freight Costs
    Comment 15: Prochamp's Reporting of Shipment Dates and Credit 
Expenses
    Comment 16: Commerce's Selection of the Third Country Market
V. Recommendation

[FR Doc. 2023-06185 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-DS-P