Certain Preserved Mushrooms From France: Final Affirmative Determination of Sales at Less Than Fair Value, 72963-72964 [2022-25912]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 72963-72964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25912]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-833]


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

DATES: Applicable November 28, 2022.

FOR FURTHER INFORMATION CONTACT: Christopher Williams, AD/CVD 
Operations, Office I, 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 September 13, 2022, Commerce published in the Federal Register 
the Preliminary Determination.\1\ We invited interested parties to 
comment on the Preliminary Determination. We received comments on the 
Preliminary Determination from the European Commission \2\ and Giorgio 
Foods, Inc. (the petitioner), a domestic producer of preserved 
mushrooms.\3\
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms from France: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
55997 (September 13, 2022) (Preliminary Determination).
    \2\ See European Commission's Letter, ``Comment on the 
Preliminary Determination Regarding the Antidumping Duty 
Investigation on Preserved Mushrooms from France (A-427-833),'' 
dated October 11, 2022 (European Commission Comments).
    \3\ See Petitioner's Letter, ``Less Than Fair Value 
Investigation of Certain Preserved Mushrooms from France--
Petitioner's Comments in Lieu of Case Brief,'' dated October 13, 
2022 (Petitioner's Comments).
---------------------------------------------------------------------------

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 France. For a full description of the scope of this investigation, 
see Appendix I.

Analysis of Comments Received

    The sole issue raised in comments that were submitted by parties in 
this investigation is addressed in the Issues and Decision 
Memorandum.\4\ 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.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Preserved Mushrooms from France,'' dated concurrently 
with this notice.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned to 
the mandatory respondents in this investigation, Bonduelle Europe Long 
Life and France Champignon, estimated weighted-average dumping margins 
on the basis of adverse facts available (AFA), pursuant to sections 
776(a) and (b) of the Tariff Act of 1930, as amended (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 Europe Long Life and France Champignon. In 
applying AFA, we are assigning Bonduelle Europe Long Life and France 
Champignon the highest margin identified in the petition, 360.88 
percent.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, 85 FR at 83060.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on the analysis of comments received, we made no changes for 
the final determination.

[[Page 72964]]

All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
all-others rate on the simple average of the dumping margins alleged in 
the petition, in accordance with section 735(c)(5)(B) of the Act.\6\ We 
made no changes to the selection of the all-others rate for the final 
determination.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Bonduelle Europe Long Life..............................          360.88
France Champignon.......................................          360.88
All Others..............................................          224.68
------------------------------------------------------------------------

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 France, as described in Appendix I to this notice, entered, or 
withdrawn from warehouse, for consumption on or after September 13, 
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 France 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 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: November 21, 2022.
Abdelali Elouaradia,
Deputy 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. Discussion of the Issue
    Comment: Whether Commerce Should Assign the Highest Petition 
Margin as Adverse Facts Available (AFA)
V. Recommendation

[FR Doc. 2022-25912 Filed 11-25-22; 8:45 am]
BILLING CODE 3510-DS-P