[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18118-18120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06187]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-455-806]


Certain Preserved Mushrooms From Poland: 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 Poland 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: Eliza DeLong, AD/CVD Operations, 
Office V, 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

    On November 3, 2022, Commerce published in the Federal Register its 
Preliminary Determination, in which it also postponed the final 
determination until March 20, 2023.\1\ Commerce invited interested 
parties to comment on the Preliminary Determination.\2\
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    \1\ See Certain Preserved Mushrooms from Poland: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
66273 (November 3, 2022) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id.
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\3\ 
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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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Preserved Mushrooms from Poland,'' 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 Poland. For a full description of the scope of this investigation, 
see Appendix I.

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 Okechamp S.A. (Okechamp) 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 Okechamp.\4\
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    \4\ See Memorandum, ``Verification of the Questionnaire Response 
of Okechamp S.A. in the Less-Than-Fair-Value Investigation of 
Certain Preserved Mushrooms from Poland,'' dated January 27, 2023.

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[[Page 18119]]

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 Since the Preliminary Determination

    We have made certain changes to the margin calculations for 
Okechamp, Bonduelle Polska-UL.Michala (Bonduelle Michala) and Boduelle 
Polska SA (Bonduelle Polska) since the Preliminary Determination. See 
the Issues and Decision Memorandum for a discussion of these changes.

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned to 
the mandatory respondents in this investigation, Bonduelle Michala and 
Bonduelle Polska, estimated weighted-average dumping margins on the 
basis of adverse facts available (AFA), pursuant to sections 776(a) and 
(b) of the Act.\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 Bonduelle Michala and Bonduelle Polska.
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    \5\ See Preliminary Determination, 87 FR at 66273.
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    Pursuant to section 776(b) of the Act, we examined the dumping 
margins alleged in the petition, the weighted-average dumping margin 
calculated in this final determination, and other information of the 
record of this investigation to determine an appropriate estimated 
weighted-average dumping margin for Bonduelle Michala and Bonduelle 
Polska based on AFA. We are assigning the highest transaction-specific 
dumping margin calculated for Okechamp as the estimated weighted-
average dumping margin to Bonduelle Michala and Bonduelle Polska based 
on AFA. Because we are relying on information obtained in the course of 
this investigation, we do not need to corroborate this margin pursuant 
section 776(c) of the Act. For further discussion, see the Issues and 
Decision Memorandum at ``Use of Adverse Facts Available.''

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 investigated 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 case, Commerce calculated an individual estimated weighted-
average dumping margin for Okechamp that is not zero, de minimis, or 
determined entirely under section 776 of the Act. Consequently, the 
rate calculated for Okechamp is also assigned as the rate for all other 
producers and exporters.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Okechamp S.A................................................       34.32
Bonduelle Polska-UL.Michala.................................       57.22
Bonduelle Polska SA.........................................       57.22
All Others..................................................       34.32
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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 the date of publication of this notice or, if there is no 
public announcement, within five days of the date of publication of 
this notice, 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 Poland, 
as described in Appendix I to this notice, which were entered, or 
withdrawn from warehouse for consumption on or after November 3, 2022, 
the date of publication of Preliminary Determination of this 
investigation 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 Poland 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.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections

[[Page 18120]]

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. Use of Facts Available With an Adverse Inference
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to Okechamp
    Comment 2: Whether To Include Certain Comparison Market Indirect 
Selling Expenses
    Comment 3: Whether Commerce Should Revise Certain Romanian Gross 
Unit Prices
    Comment 4: Whether To Adjust Freight Expenses in the Comparison 
Market
    Comment 5: Whether To Adjust Freight Revenue in the Comparison 
Market
    Comment 6: Whether To Adjust Freight Revenue in the U.S. Market
    Comment 7: Whether To Adjust General and Administrative (G&A) 
Expenses
    Comment 8: Adjustments to Financial Expense Ratio
    Comment 9: Selection of Romania as the Comparison Market
VI. Recommendation

[FR Doc. 2023-06187 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-DS-P