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, 66265-66268 [2022-23922]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66265-66268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23922]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-815]


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

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 
the Netherlands 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: Benjamin A. Smith or Patrick Barton, 
AD/CVD Operations, Office III, Enforcement and Compliance,

[[Page 66266]]

International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2181 
or (202) 482-0012, respectively.

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 50291 (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 included 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 the Netherlands,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is preserved mushrooms 
from the Netherlands. 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\ the 
Initiation Notice, Commerce set aside a period of time for parties to 
raise issues regarding product coverage (i.e., scope).\5\ No interested 
party commented on the scope of this investigation as it appeared in 
the Initiation Notice. Therefore, Commerce is not preliminarily 
modifying the scope language as it appeared in the Initiation Notice. 
See the full 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).
    \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. Furthermore, pursuant to 
sections 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available, with adverse inferences for Okechamp 
B.V. (Okechamp). For a full description of the methodology underlying 
the preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(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.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis, or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters. Commerce has preliminarily 
assigned a rate based entirely on facts available, pursuant to section 
776 of the Act, to Okechamp, and calculated a zero percent weighted-
average dumping margin for Prochamp B.V. (Prochamp). Therefore, there 
are no rates calculated in this investigation not zero, de minimis, or 
based entirely on facts otherwise available upon which to calculate the 
preliminary rate for all exporters and producers not individually 
examined. Pursuant to section 735(c)(5)(B) of the Act, Commerce's 
normal practice under these circumstances has been to calculate the 
all-others rate as a simple average of the alleged dumping margin(s) 
from the petition.\6\
---------------------------------------------------------------------------

    \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); 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).
---------------------------------------------------------------------------

Preliminary Determination

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

    \7\ See Preliminary Decision Memorandum at section V, ``Use of 
Facts Available with Adverse Inferences.'' See also Initiation 
Notice, 87 FR at 24944.
    \8\ See Memorandum, ``Preliminary Determination Analysis 
Memorandum for Prochamp B.V.,'' dated concurrently with this 
memorandum.
    \9\ See ``All Others Rate'' section, supra; see also Initiation 
Notice, 87 FR at 24944 and accompanying Antidumping Duty 
Investigation Initiation Checklist, ``Certain Preserved Mushrooms 
from the Netherlands,'' dated April 20, 2022. The margins alleged in 
the Petition were 120.88, 131.45, and 146.59 percent.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Okechamp B.V................................................  \7\ 146.59
Prochamp B.V................................................    \8\ 0.00
All Others..................................................  \9\ 132.97
------------------------------------------------------------------------

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 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 
margins determined in this preliminary determination; (2) if the 
exporter is not

[[Page 66267]]

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 except as explained below; and (3) the cash deposit rate 
for all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margin is zero for 
Prochamp, entries of shipments of subject merchandise from 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 
not to suspend liquidation of entries of subject merchandise produced 
and exported by Prochamp. Entries of shipments of subject merchandise 
from this company in any other producer/exporter combination, or by 
third parties that sourced subject merchandise from the excluded 
producer/exporter combination, are subject to the provisional measures 
at the all-others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combination identified above, 
entries of shipments of subject merchandise from this producer/exporter 
combination will be excluded from the potential antidumping duty order. 
Such exclusions are not applicable to merchandise exported to the 
United States by this respondent in any other producer/exporter 
combinations or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties any calculations 
performed in connection with this preliminary determination within five 
days of its 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.

Public Comment

    Case briefs and other written materials 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.\10\ 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.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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 of the 
hearing.

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 in the Federal Register 
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 and 
Prochamp requested that Commerce postpone the final determination and 
that provisional measures be extended to a period not to exceed six 
months.\12\ 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.\13\ In accordance with sections 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 exporters account 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, 
pursuant to section 735(a)(2) of the Act, Commerce will make its final 
determination no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \12\ See Okechamp's and Prochamp's Letter, ``Request to Extend 
the Final Determination,'' dated October 6, 2022.
    \13\ See Petitioner's Letter, ``Petitioner's Request for 
Postponement of Final Determination,'' dated October 10, 2022.
---------------------------------------------------------------------------

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 imports of preserved mushrooms from the Netherlands 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 66268]]


    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 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 Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Affiliation
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-23922 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P