[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18120-18122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06186]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-825]


Certain Preserved Mushrooms From Spain: 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 Spain are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV).

DATES: Applicable March 27, 2023.

FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Katherine Johnson, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2285 
or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2022, Commerce published the Preliminary 
Determination in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Determination. On February 8, 2023, we 
received comments from Giorgio Foods, Inc. (the petitioner), a domestic 
producer of preserved mushrooms, and Eurochamp S.A.T. (Eurochamp), a 
respondent in this investigation.\2\ On February 15, 2023, we received 
rebuttal comments from these parties.\3\ For a complete description of 
the events that followed the Preliminary Determination, see the Issues 
and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms from Spain: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 87 FR 66262 (November 3, 2022) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Petitioner's Letter, ``Petitioner's Letter in Lieu of a 
Case Brief,'' dated February 8, 2023; and Eurochamp's Letter, 
``Submission of Eurochamp S.A.T.'s Administrative Case Brief,'' 
dated February 8, 2023.
    \3\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,'' 
dated February 15, 2023; and Eurochamp's Letter, ``Submission of 
Eurochamp S.A.T.'s Administrative Case Brief,'' dated February 15, 
2023.
    \4\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Preserved Mushrooms from Spain,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2021, through December 
31, 2021.

Scope of the Investigation

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

Analysis of Comments Received

    The issues raised in comments that were submitted by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues addressed in the Issues and Decision Memorandum is 
attached to this notice at Appendix II. The Issues and Decision 
Memorandum is a public document and is on file 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.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in December 2022, we conducted verification of the sales 
information submitted by Eurochamp for use in our final determination. 
We used standard verification procedures, including an examination of 
relevant sales and accounting records, and original source documents 
provided by Eurochamp. As explained in the Issues and Decision 
Memorandum, Commerce was unable to verify the accuracy of Eurochamp's 
reporting with respect to its sales data. As a consequence, we find 
that Eurochamp's reported sales data are unverified and, thus, cannot 
serve as a reliable basis for calculating an accurate margin for 
Eurochamp in this investigation. For further discussion, see the Issues 
and Decision Memorandum.

[[Page 18121]]

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made changes to the dumping margins. For a discussion 
of these changes, see the Issues and Decision Memorandum.

Use of Adverse Facts Available

    In the Preliminary Determination, Commerce relied on facts 
available with an adverse inference (AFA) in determining a weighted-
average dumping margin for Riberebro Integral S.A.U. (Riberebro), under 
sections 776(a) and (b) of the Act, because Riberebro failed to 
cooperate by not acting to the best of its ability to comply with 
Commerce's request for information in this investigation.\5\ 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 
Riberebro.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, 87 FR at 66263.
---------------------------------------------------------------------------

    In addition, due to our inability to verify Eurochamp's submitted 
data, we are unable to use its data to calculate an accurate dumping 
margin for the company. Therefore, for this final determination we find 
it appropriate to assign Eurochamp an estimated weighted-average 
dumping margin based on AFA, in accordance with sections 776(a) and (b) 
of the Act and 19 CFR 351.308. In applying AFA, we assigned Eurochamp 
and Riberebro the highest margin identified in the petition, 156.59 
percent.\6\ For further discussion, see the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See Petitioner's Letter, ``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 AD Second Supplement), at AD-ES-SUPP 2-5.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. The estimated weighted-average dumping margins in this final 
determination were calculated entirely under section 776 of the Act. In 
cases where no weighted-average dumping margins other than zero, de 
minimis, or those determined entirely under section 776 of the Act have 
been established for individually examined entities, in accordance with 
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple 
average of the margins alleged in the petition and applies the results 
to all other entities not individually examined.\7\ The simple average 
of the petition margins is 59.59 percent.\8\
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Preserved Mushrooms from France: Final 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
72963 (November 28, 2022).
    \8\ See Petitioner's Letter, ``Certain Preserved Mushrooms from 
France, Netherlands, Poland, and Spain--Petitioner's Supplement to 
Volume V Relating to Request for the Imposition of Antidumping 
Duties on Imports from Spain,'' dated April 8, 2022, at AD-ES-SUPP-
5; see also Spain AD Second Supplement at AD-ES-SUPP 2-5.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                     Producer or exporter                       dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Eurochamp S.A.T..............................................    156.59
Riberebro Integral S.A.U.....................................    156.59
All Others...................................................     59.59
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination, in accordance with 
19 CFR 351.224(b). However, because Commerce applied AFA to both 
mandatory respondents in this investigation, there are no calculations 
to disclose.

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 appropriate entries of preserved mushrooms 
from Spain, as described in Appendix I to this notice, entered, or 
withdrawn from warehouse, for consumption on or after November 3, 2022, 
the date of publication of Preliminary Determination in the Federal 
Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, Commerce will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin or 
the estimated all-others rate, as follows: (1) the cash deposit rate 
for the respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margin 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. 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, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
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 Spain no later than 
45 days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, and 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 entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice will serve 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 return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

[[Page 18122]]

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. Application of Total Adverse Facts Available
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Assign Adverse Facts 
Available (AFA) to Eurochamp
    Comment 2: Selection of the AFA Rate
VI. Recommendation

[FR Doc. 2023-06186 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-DS-P