Certain Preserved Mushrooms From Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 66273-66275 [2022-23921]
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Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
Membership remains the same
following this amendment:
1. Akulurak LLC, Seattle, WA;
2. Alaskan Leader Fisheries LLC,
Lynden, WA;
3. Alaskan Leader Seafoods LLC,
Lynden, WA;
4. Alaskan Leader Vessel LLC,
Lynden, WA;
5. Aleutian Longline, LLC, Seattle,
WA;
6. Aleutian Spray Fisheries, Inc.,
Seattle, WA;
7. Beauty Bay Washington, LLC,
Bothell, WA;
8. Bering Leader Fisheries LLC,
Lynden, WA;
9. Bristol Leader Fisheries LLC,
Lynden, WA;
10. Bristol Wave Seafoods, LLC,
Seattle, WA;
11. Coastal Alaska Premier Seafoods,
LLC, Anchorage, AK;
12. Coastal Villages Longline LLC,
Anchorage, AK;
13. Deep Sea Fisheries, Inc., Everett,
WA;
14. Gulf Mist, Inc., Everett, WA;
15. Gulf Prowler, LLC, Juneau, AK;
16. Kodiak Leader Fisheries LLC,
Lynden, WA;
17. Northern Leader Fisheries LLC,
Lynden, WA;
18. Romanzof Fishing Company,
L.L.C., Seattle, WA;
19. Shelford’s Boat, Ltd., Mill Creek,
WA;
20. Siu Alaska Corporation,
Anchorage, AK;
21. Starfish Reverse, LLC, Seattle,
WA;
22. Tatoosh Seafoods, LLC, Kingston,
WA.
Dated: October 28, 2022.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2022–23859 Filed 11–2–22; 8:45 am]
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 is January 1, 2021, through
December 31, 2021. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable November 3, 2022.
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) 482–3878.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 27, 2022.1 On August 16, 2022,
Commerce postponed the preliminary
determination of this investigation until
October 27, 2022.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are preserved mushrooms
from Poland. For a complete description
of the scope of this investigation, see
Appendix I.
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–455–806]
Certain Preserved Mushrooms From
Poland: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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16:41 Nov 02, 2022
Jkt 259001
1 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).
2 See Certain Preserved Mushrooms from the
Netherlands, Poland, and Spain: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 87 FR 50290 (August 16,
2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain
Preserved Mushrooms from Poland,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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66273
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 we set aside a
period of time, as stated in the Initiation
Notice, for parties to raise issues
regarding product coverage (i.e., scope).5
No interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce is
not modifying the scope language as it
appeared in the Initiation Notice. See
the complete description of the scope in
Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. In addition,
Commerce has relied on facts available
with an adverse inference in
determining a weighted-average
dumping margin for Bonduelle PolskaUL.Michala (Bonduelle Michala) and
Bonduelle Polska SA (Bonduelle
Polska), under sections 776(a) and (b) of
the Act. For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Okechamp S.A. (Okechamp),
the only individually examined
exporter/producer in this investigation.
Because the only individually
calculated dumping margin is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Okechamp is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 87 FR at 24942.
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66274
Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Producer/exporter
Okechamp S.A ...........................
Bonduelle Polska-UL.Michala .....
Bonduelle Polska SA ..................
All Others ....................................
23.43
30.01
30.01
23.43
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary 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 weightedaverage 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.
lotter on DSK11XQN23PROD with NOTICES1
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
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 accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Because Bonduelle
Michala and Bonduelle Polska did not
provide information requested by
Commerce, and Commerce
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16:41 Nov 02, 2022
Jkt 259001
preliminarily determines both
respondents to have been
uncooperative, we will not conduct
verification of Bonduelle Michala and
Bonduelle Polska.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.7
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
6 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Sfmt 4703
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On October 6, 2022, pursuant to 19
CFR 351.210(e), Okechamp requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.8 On October 10,
2022, Giorgio Foods, Inc. (the petitioner)
requested that, pursuant to 19 CFR
351.210(e), Commerce postpone the
final determination in the event of a
negative preliminary determination.9 In
accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
8 See Okechamp’s Letter, ‘‘Request to Extend the
Final Determination,’’ dated October 6, 2022.
9 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of Final Determination,’’ dated
October 10, 2022.
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Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices
Dated: October 27, 2022.
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 these
investigations 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 Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of
Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022–23921 Filed 11–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
lotter on DSK11XQN23PROD with NOTICES1
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
AGENCY:
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16:41 Nov 02, 2022
Jkt 259001
various antidumping duty (AD) and
countervailing duty (CVD) orders with
September anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable November 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
September anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
With respect to antidumping
administrative reviews, if a producer or
exporter named in this notice of
initiation had no exports, sales, or
entries during the period of review
(POR), it must notify Commerce within
30 days of publication of this notice in
the Federal Register. All submissions
must be filed electronically at https://
access.trade.gov, in accordance with 19
CFR 351.303.1 Such submissions are
subject to verification, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
Commerce’s service list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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66275
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value (Q&V)
Questionnaire for purposes of
respondent selection, in general, each
company must report volume and value
data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where Commerce
considered collapsing that entity,
complete Q&V data for that collapsed
entity must be submitted.
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]]>Agencies
[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66273-66275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23921]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-806]
Certain Preserved Mushrooms From Poland: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
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 is January 1,
2021, through December 31, 2021. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable November 3, 2022.
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) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 27,
2022.\1\ On August 16, 2022, Commerce postponed the preliminary
determination of this investigation until October 27, 2022.\2\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Certain Preserved Mushrooms from the Netherlands,
Poland, and Spain: Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 87 FR 50290 (August 16, 2022).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Preserved Mushrooms from Poland,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are preserved mushrooms
from Poland. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ we
set aside a period of time, as stated in the Initiation Notice, for
parties to raise issues regarding product coverage (i.e., scope).\5\ No
interested party commented on the scope of the investigation as it
appeared in the Initiation Notice. Commerce is not modifying the scope
language as it appeared in the Initiation Notice. See the complete
description of the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 87 FR at 24942.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. In addition, Commerce has
relied on facts available with an adverse inference in determining a
weighted-average dumping margin for Bonduelle Polska-UL.Michala
(Bonduelle Michala) and Bonduelle Polska SA (Bonduelle Polska), under
sections 776(a) and (b) of the Act. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This 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
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Okechamp S.A. (Okechamp), the only individually
examined exporter/producer in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Okechamp is the margin assigned
to all other producers and exporters, pursuant to section 735(c)(5)(A)
of the Act.
[[Page 66274]]
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Okechamp S.A................................................ 23.43
Bonduelle Polska-UL.Michala................................. 30.01
Bonduelle Polska SA......................................... 30.01
All Others.................................................. 23.43
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 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 preliminary 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.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary 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 accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Because Bonduelle Michala and Bonduelle Polska did not provide
information requested by Commerce, and Commerce preliminarily
determines both respondents to have been uncooperative, we will not
conduct verification of Bonduelle Michala and Bonduelle Polska.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\7\
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On October 6, 2022, pursuant to 19 CFR 351.210(e), Okechamp
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\8\ On October 10, 2022, Giorgio Foods, Inc. (the petitioner)
requested that, pursuant to 19 CFR 351.210(e), Commerce postpone the
final determination in the event of a negative preliminary
determination.\9\ In accordance with section 735(a)(2)(A) of the Act
and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\8\ See Okechamp's Letter, ``Request to Extend the Final
Determination,'' dated October 6, 2022.
\9\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated October 10, 2022.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
[[Page 66275]]
Dated: October 27, 2022.
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 these
investigations 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 Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-23921 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P
