[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33096-33098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10939]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Preserved Mushrooms From the Netherlands, Poland, and 
Spain: Antidumping Duty Orders

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 antidumping duty orders on 
certain preserved mushrooms (preserved mushrooms) from the Netherlands, 
Poland, and Spain.

DATES: Applicable May 23, 2023.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla at (202) 482-4956 (the 
Netherlands), Eliza DeLong at (202) 482-3878 (Poland), or Katherine 
Johnson at (202) 482-4929 (Spain), AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on March 27, 2023, Commerce published its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of preserved mushrooms from the Netherlands, Poland, and 
Spain.\1\ On May 11, 2023, the ITC notified Commerce of its final 
determinations, 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

[[Page 33097]]

mushrooms from the Netherlands, Poland, and Spain.\2\
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    \1\ See Certain Preserved Mushrooms from the Netherlands: Final 
Affirmative Determination of Sales at Less Than Fair Value, 88 FR 
18115 (March 27, 2023); Certain Preserved Mushrooms from Poland: 
Final Affirmative Determination of Sales at Less Than Fair Value, 88 
FR 18118 (March 27, 2023); and Certain Preserved Mushrooms from 
Spain: Final Affirmative Determination of Sales at Less Than Fair 
Value, 88 FR 18120 (March 27, 2023).
    \2\ See ITC Notification Letter, Investigation Nos. 731-TA-1588-
1590 (Final), dated May 11, 2023 (ITC Notification Letter); see also 
Certain Preserved Mushrooms from the Netherlands, Poland, and Spain, 
88 FR 31522 (May 17, 2023).
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Scope of the Orders

    The products covered by these orders are certain preserved 
mushrooms from the Netherlands, Poland, and Spain. For a complete 
description of the scope of these orders, see the appendix to this 
notice.

Antidumping Duty Orders

    On May 11, 2023, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of preserved mushrooms from 
the Netherlands, Poland, and Spain.\3\ Therefore, in accordance with 
sections 735(c)(2) and 736 of the Act, Commerce is issuing these 
antidumping duty orders. Because the ITC determined that imports of 
preserved mushrooms from the Netherlands, Poland, and Spain are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from the Netherlands, Poland, and Spain, entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of antidumping duties.
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    \3\ Id.
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    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 the Netherlands, Poland, 
and Spain. With the exception of entries occurring after the expiration 
of the provisional measures period and before publication of the ITC's 
final affirmative injury determinations, as further described below, 
antidumping duties will be assessed on unliquidated entries of 
preserved mushrooms from the Netherlands, Poland, and Spain, entered, 
or withdrawn from warehouse, for consumption, on or after November 3, 
2022, the date of publication of the Preliminary Determinations.\4\
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    \4\ 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); Certain 
Preserved Mushrooms from Poland: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 87 FR 
66273 (November 3, 2022); and 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) (collectively, 
Preliminary Determinations).
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Continuation of Suspension of Liquidation and Cash Deposits

    Except as noted in the ``Provisional Measures'' section of this 
notice, 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 the Netherlands, Poland, and Spain. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed in the tables below. The all-others 
rate applies to all producers or exporters not specifically listed, as 
appropriate.\5\ Because the estimated weighted-average dumping margin 
is zero for subject merchandise produced and exported by Prochamp B.V., 
entries of shipments of subject merchandise from this producer/exporter 
combination are excluded from the antidumping duty order on subject 
merchandise from the Netherlands. These exclusions will not be 
applicable to merchandise exported to the United States by these 
respondents in any other producer/exporter combination or by third 
parties that sourced subject merchandise from the excluded producer/
exporter combinations.
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    \5\ As noted below, merchandise produced and exported by 
Prochamp B.V. is excluded from the Netherlands order. Therefore, the 
all-others rate applies to entries of any merchandise produced by 
Prochamp B.V. and exported by any other company or merchandise 
produced by any other company and exported by Prochamp B.V.
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:
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    \6\ Merchandise produced and exported by Prochamp B.V. is 
excluded from the Netherlands order. This exclusion does not apply 
to merchandise produced by Prochamp B.V. and exported by any other 
company or merchandise produced by any other company and exported by 
Prochamp B.V. Resellers of merchandise produced by Prochamp B.V. are 
also not entitled to this exclusion.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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                             The Netherlands
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Okechamp B.V................................................      146.59
Prochamp B.V................................................    \6\ 0.00
All Others..................................................      132.97
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                                 Poland
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Okechamp S.A................................................       34.32
Bonduelle Polska-UL.Michala.................................       57.22
Bonduelle Polska SA.........................................       57.22
All Others..................................................       34.32
------------------------------------------------------------------------
                                  Spain
------------------------------------------------------------------------
Eurochamp S.A.T.............................................      156.59
Riberebro Integral S.A.U....................................      156.59
All Others..................................................       59.59
------------------------------------------------------------------------

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. 
At the request of exporters that account for a significant proportion 
of preserved mushrooms from the Netherlands, Poland, and Spain, 
Commerce extended the four-month period to six months in each of these 
investigations. Commerce published the preliminary determinations in 
these investigations on November 3, 2022.\7\
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    \7\ Id.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on May 1, 2023. 
Therefore, in accordance with section 733(d) of the Act and our 
practice,\8\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of preserved mushrooms from the Netherlands, 
Poland, and Spain entered or withdrawn from warehouse, for consumption 
after May 1, 2023, the final day on which the provisional measures were 
in effect, until and through the day preceding the date of

[[Page 33098]]

publication of the ITC's final affirmative injury determinations 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 
determinations in the Federal Register.
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    \8\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the Final Rule in the 
Federal Register.\9\ On September 27, 2021, Commerce also published the 
Procedural Guidance in the Federal Register.\10\ 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.\11\
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    \9\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \10\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \11\ 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 under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \12\
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    \12\ 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 
was 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,\13\ 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.
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    \13\ See Procedural Guidance, 86 FR at 53206.
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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.'' \14\ Accordingly, as stated 
above, the petitioner and Governments of the Netherlands, Poland, and 
Spain should submit their initial entries of appearance after 
publication of this notice in order to appear in the first annual 
inquiry service lists for these orders. Pursuant to 19 CFR 
351.225(n)(3), the petitioner and the Governments of the Netherlands, 
Poland, and Spain will not need to resubmit their entries of appearance 
each year to continue to be included on the annual inquiry service 
list. However, the petitioner and the Governments of the Netherlands, 
Poland, and Spain 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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    \14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
preserved mushrooms from the Netherlands, Poland, and Spain pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR 
351.211(b).

    Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise covered by these orders are certain preserved 
mushrooms, whether imported whole, sliced, diced, or as stems and 
pieces. The preserved mushrooms covered under these orders 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 orders 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 the orders is 
dispositive.
[FR Doc. 2023-10939 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DS-P