Certain Preserved Mushrooms From Spain: Final Affirmative Determination of Sales at Less Than Fair Value, 18120-18122 [2023-06186]
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18120
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
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.
Comment 8: Adjustments to Financial
Expense Ratio
Comment 9: Selection of Romania as the
Comparison Market
VI. Recommendation
complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum.4
[FR Doc. 2023–06187 Filed 3–24–23; 8:45 am]
Period of Investigation
BILLING CODE 3510–DS–P
The period of investigation is January
1, 2021, through December 31, 2021.
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.
ddrumheller on DSK120RN23PROD with NOTICES1
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
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19:19 Mar 24, 2023
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–825]
Certain Preserved Mushrooms From
Spain: Final Affirmative Determination
of Sales at Less Than Fair Value
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 Spain are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV).
DATES: Applicable March 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney or Katherine Johnson,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2285 or
(202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 3, 2022, Commerce
published the Preliminary
Determination in the Federal Register.1
We invited interested parties to
comment on the Preliminary
Determination. On February 8, 2023, we
received comments from Giorgio Foods,
Inc. (the petitioner), a domestic
producer of preserved mushrooms, and
Eurochamp S.A.T. (Eurochamp), a
respondent in this investigation.2 On
February 15, 2023, we received rebuttal
comments from these parties.3 For a
1 See 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)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Petitioner’s Letter, ‘‘Petitioner’s Letter in
Lieu of a Case Brief,’’ dated February 8, 2023; and
Eurochamp’s Letter, ‘‘Submission of Eurochamp
S.A.T.’s Administrative Case Brief,’’ dated February
8, 2023.
3 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal
Brief,’’ dated February 15, 2023; and Eurochamp’s
Letter, ‘‘Submission of Eurochamp S.A.T.’s
Administrative Case Brief,’’ dated February 15,
2023.
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Fmt 4703
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Scope of the Investigation
The products covered by this
investigation are preserved mushrooms
from Spain. For a full description of the
scope of this investigation, see
Appendix I.
Analysis of Comments Received
The issues raised in comments that
were submitted by parties in this
investigation are addressed in the Issues
and Decision Memorandum. 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.
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 Eurochamp 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 Eurochamp. As
explained in the Issues and Decision
Memorandum, Commerce was unable to
verify the accuracy of Eurochamp’s
reporting with respect to its sales data.
As a consequence, we find that
Eurochamp’s reported sales data are
unverified and, thus, cannot serve as a
reliable basis for calculating an accurate
margin for Eurochamp in this
investigation. For further discussion, see
the Issues and Decision Memorandum.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Preserved
Mushrooms from Spain,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made changes to the
dumping margins. For a discussion of
these changes, see the Issues and
Decision Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce relied on facts available with
an adverse inference (AFA) in
determining a weighted-average
dumping margin for Riberebro Integral
S.A.U. (Riberebro), under sections
776(a) and (b) of the Act, because
Riberebro failed to cooperate by not
acting to the best of its ability to comply
with Commerce’s request for
information in this investigation.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 Riberebro.
In addition, due to our inability to
verify Eurochamp’s submitted data, we
are unable to use its data to calculate an
accurate dumping margin for the
company. Therefore, for this final
determination we find it appropriate to
assign Eurochamp an estimated
weighted-average dumping margin
based on AFA, in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308. In applying AFA, we
assigned Eurochamp and Riberebro the
highest margin identified in the
petition, 156.59 percent.6 For further
discussion, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
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 or de minimis margins, and
margins determined entirely under
section 776 of the Act. The estimated
weighted-average dumping margins in
this final determination were calculated
entirely under section 776 of the Act. In
cases where no weighted-average
5 See
Preliminary Determination, 87 FR at 66263.
Petitioner’s Letter, ‘‘Certain Preserved
Mushrooms from France, Netherlands, Poland, and
Spain—Petitioner’s Second Supplement to Volume
V Relating to Request for the Imposition of
Antidumping Duties on Imports from Spain,’’ dated
April 13, 2022 (Spain AD Second Supplement), at
AD–ES–SUPP 2–5.
6 See
VerDate Sep<11>2014
19:19 Mar 24, 2023
Jkt 259001
dumping margins other than zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually examined
entities, in accordance with section
735(c)(5)(B) of the Act, Commerce
typically calculates a simple average of
the margins alleged in the petition and
applies the results to all other entities
not individually examined.7 The simple
average of the petition margins is 59.59
percent.8
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Producer or exporter
Estimated
weightedaverage
dumping
margin
(percent)
18121
deposit rate for the respondents listed
above will be equal to the companyspecific 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 companyspecific 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 weightedaverage 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.
Eurochamp S.A.T ........................
156.59 International Trade Commission (ITC) of
Riberebro Integral S.A.U .............
156.59 the final affirmative determination of
All Others .....................................
59.59
sales at LTFV. Because Commerce’s
final determination is affirmative, in
Disclosure
accordance with section 735(b)(2) of the
Normally, Commerce discloses to
Act, the ITC will make its final
interested parties the calculations
determination as to whether the
performed in connection with a final
domestic industry in the United States
determination, in accordance with 19
is materially injured, or threatened with
CFR 351.224(b). However, because
material injury, by reason of imports or
Commerce applied AFA to both
sales (or the likelihood of sales) for
mandatory respondents in this
importation of preserved mushrooms
investigation, there are no calculations
from Spain no later than 45 days after
to disclose.
this final determination. If the ITC
determines that such injury does not
Continuation of Suspension of
exist, this proceeding will be
Liquidation
terminated, and all cash deposits posted
In accordance with section
will be refunded and suspension of
735(c)(1)(B) of the Act, Commerce will
liquidation will be lifted. If the ITC
instruct U.S. Customs and Border
determines that such injury does exist,
Protection (CBP) to continue to suspend
Commerce will issue an antidumping
liquidation of all appropriate entries of
duty order directing CBP to assess, upon
preserved mushrooms from Spain, as
further instruction by Commerce,
described in Appendix I to this notice,
antidumping duties on all imports of the
entered, or withdrawn from warehouse,
subject merchandise entered, or
for consumption on or after November
withdrawn from warehouse, for
3, 2022, the date of publication of
consumption on or after the effective
Preliminary Determination in the
date of the suspension of liquidation, as
Federal Register.
discussed above in the ‘‘Continuation of
Pursuant to section 735(c)(1)(B)(ii) of
Suspension of Liquidation’’ section.
the Act and 19 CFR 351.210(d), where
appropriate, Commerce will instruct
Administrative Protective Order
CBP to require a cash deposit equal to
This notice will serve as a final
the estimated weighted-average
reminder to the parties subject to an
dumping margin or the estimated alladministrative protective order (APO) of
others rate, as follows: (1) the cash
their responsibility concerning the
7 See, e.g., Certain Preserved Mushrooms from
disposition of proprietary information
France: Final Affirmative Determination of Sales at
disclosed under APO in accordance
Less Than Fair Value, 87 FR 72963 (November 28,
with 19 CFR 351.305(a)(3). Timely
2022).
written notification of return or
8 See Petitioner’s Letter, ‘‘Certain Preserved
destruction of APO materials or
Mushrooms from France, Netherlands, Poland, and
Spain—Petitioner’s Supplement to Volume V
conversion to judicial protective order is
Relating to Request for the Imposition of
hereby requested. Failure to comply
Antidumping Duties on Imports from Spain,’’ dated
with the regulations and the terms of an
April 8, 2022, at AD–ES–SUPP–5; see also Spain
APO is a sanctionable violation.
AD Second Supplement at AD–ES–SUPP 2–5.
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18122
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
Notification to Interested Parties
DEPARTMENT OF COMMERCE
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).
National Institute of Standards and
Technology
Dated: March 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
Appendix I
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
ddrumheller on DSK120RN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Application of Total Adverse Facts
Available
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Assign Adverse Facts Available (AFA) to
Eurochamp
Comment 2: Selection of the AFA Rate
VI. Recommendation
[FR Doc. 2023–06186 Filed 3–24–23; 8:45 am]
BILLING CODE 3510–DS–P
19:19 Mar 24, 2023
The National Institute of
Standards and Technology (NIST)
announces that the National Artificial
Intelligence Advisory Committee
(NAIAC or Committee) will hold an
open meeting in-person and via web
conference on April 25, 2023, between
10:00 a.m. and 3:00 p.m. Eastern time.
The primary purpose of the meeting is
to discuss the Committee’s effort to
develop its year one report that will be
presented to the President and National
Artificial Intelligence Initiative Office.
The final agenda will be posted to the
NAIAC website: ai.gov/naiac/.
DATES: The meeting will be held on
Tuesday, April 25, 2023, between 10
a.m. and 3 p.m. Eastern time.
ADDRESSES: The meeting will be held inperson and via live broadcast from the
U.S. Department of Commerce, Herbert
C. Hoover Federal Building, located at
1401 Constitution Ave. NW,
Washington, DC 20230. For instructions
on how to attend and/or participate in
the meeting, please see the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Alicia Chambers, Committee Liaison
Officer, National Institute of Standards
and Technology, 100 Bureau Drive, MS
1000, Gaithersburg, MD 20899,
alicia.chambers@nist.gov or 301–975–
5333, or Melissa Banner, Designated
Federal Officer, National Institute of
Standards and Technology, 100 Bureau
Drive, MS 1000, Gaithersburg, MD
20899, melissa.banner@nist.gov or 301–
975–5245. Please direct any inquiries to
naiac@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the NAIAC will meet
on Tuesday, April 25, 2023, between 10
a.m. and 3 p.m. Eastern Time. The
meeting will be open to the public and
will be held in-person and via web
conference. Interested members of the
public will be able to participate in the
meeting from remote locations or inperson. The primary purpose of the
meeting is to discuss the Committee’s
effort to develop its year one report that
will be presented to the President and
SUMMARY:
Scope of the Investigation
VerDate Sep<11>2014
National Artificial Intelligence Advisory
Committee
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National Artificial Intelligence Initiative
Office. The final agenda and meeting
time will be posted to the NAIAC
website: ai.gov/naiac/.
The NAIAC is authorized by Section
5104 of the National Artificial
Intelligence Initiative Act of 2020 (Pub.
L. 116–283, Div. E), in accordance with
the provisions of the Federal Advisory
Committee Act, as amended (FACA), 5
U.S.C. App. The Committee advises the
President and the National Artificial
Intelligence Initiative Office on matters
related to the National Artificial
Intelligence Initiative. Additional
information on the NAIAC is available
at ai.gov/naiac/.
Comments: Individuals and
representatives of organizations who
would like to offer comments and
suggestions related to items on the
Committee’s agenda for this meeting are
invited to submit comments in advance
of the meeting. Approximately ten
minutes will be reserved for public
comments, which will be read on a firstcome, first-served basis. Please note that
all submitted comments will be treated
as public documents and will be made
available for public inspection. All
comments must be submitted via email
with the subject line ‘‘April 25, 2023,
NAIAC Meeting Comments’’ to naiac@
nist.gov by 5:00 p.m. Eastern Time,
Monday, April 24, 2023.
Virtual Admittance Instructions: The
meeting will be broadcast live via
BlueJeans Events and the log-in
instructions to join the meeting will be
made available on ai.gov/naiac/
#MEETINGS.
In-Person Admittance Instructions:
Limited space is available on a firstcome, first-served basis for anyone who
wishes to attend in person. Registration
is only required for in-person
attendance. Registration details will be
posted at ai.gov/naiac/#MEETINGS.
Registration will close at 5:00 p.m.
Eastern Time on Tuesday, April 18.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2023–06271 Filed 3–24–23; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Board of Overseers of the Malcolm
Baldrige National Quality Award
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
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]]>Agencies
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18120-18122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06186]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-825]
Certain Preserved Mushrooms From Spain: 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 Spain are being,
or are likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable March 27, 2023.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Katherine Johnson,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2285
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2022, Commerce published the Preliminary
Determination in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Determination. On February 8, 2023, we
received comments from Giorgio Foods, Inc. (the petitioner), a domestic
producer of preserved mushrooms, and Eurochamp S.A.T. (Eurochamp), a
respondent in this investigation.\2\ On February 15, 2023, we received
rebuttal comments from these parties.\3\ For a complete description of
the events that followed the Preliminary Determination, see the Issues
and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See 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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Petitioner's Letter in Lieu of a
Case Brief,'' dated February 8, 2023; and Eurochamp's Letter,
``Submission of Eurochamp S.A.T.'s Administrative Case Brief,''
dated February 8, 2023.
\3\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief,''
dated February 15, 2023; and Eurochamp's Letter, ``Submission of
Eurochamp S.A.T.'s Administrative Case Brief,'' dated February 15,
2023.
\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Preserved Mushrooms from Spain,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
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 Spain. For a full description of the scope of this investigation,
see Appendix I.
Analysis of Comments Received
The issues raised in comments that were submitted by parties in
this investigation are addressed in the Issues and Decision Memorandum.
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.
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 Eurochamp 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 Eurochamp. As explained in the Issues and Decision
Memorandum, Commerce was unable to verify the accuracy of Eurochamp's
reporting with respect to its sales data. As a consequence, we find
that Eurochamp's reported sales data are unverified and, thus, cannot
serve as a reliable basis for calculating an accurate margin for
Eurochamp in this investigation. For further discussion, see the Issues
and Decision Memorandum.
[[Page 18121]]
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made changes to the dumping margins. For a discussion
of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
In the Preliminary Determination, Commerce relied on facts
available with an adverse inference (AFA) in determining a weighted-
average dumping margin for Riberebro Integral S.A.U. (Riberebro), under
sections 776(a) and (b) of the Act, because Riberebro failed to
cooperate by not acting to the best of its ability to comply with
Commerce's request for information in this investigation.\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
Riberebro.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 87 FR at 66263.
---------------------------------------------------------------------------
In addition, due to our inability to verify Eurochamp's submitted
data, we are unable to use its data to calculate an accurate dumping
margin for the company. Therefore, for this final determination we find
it appropriate to assign Eurochamp an estimated weighted-average
dumping margin based on AFA, in accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. In applying AFA, we assigned Eurochamp
and Riberebro the highest margin identified in the petition, 156.59
percent.\6\ For further discussion, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\6\ See Petitioner's Letter, ``Certain Preserved Mushrooms from
France, Netherlands, Poland, and Spain--Petitioner's Second
Supplement to Volume V Relating to Request for the Imposition of
Antidumping Duties on Imports from Spain,'' dated April 13, 2022
(Spain AD Second Supplement), at AD-ES-SUPP 2-5.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others 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 or de
minimis margins, and margins determined entirely under section 776 of
the Act. The estimated weighted-average dumping margins in this final
determination were calculated entirely under section 776 of the Act. In
cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
section 735(c)(5)(B) of the Act, Commerce typically calculates a simple
average of the margins alleged in the petition and applies the results
to all other entities not individually examined.\7\ The simple average
of the petition margins is 59.59 percent.\8\
---------------------------------------------------------------------------
\7\ See, e.g., Certain Preserved Mushrooms from France: Final
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
72963 (November 28, 2022).
\8\ See Petitioner's Letter, ``Certain Preserved Mushrooms from
France, Netherlands, Poland, and Spain--Petitioner's Supplement to
Volume V Relating to Request for the Imposition of Antidumping
Duties on Imports from Spain,'' dated April 8, 2022, at AD-ES-SUPP-
5; see also Spain AD Second Supplement at AD-ES-SUPP 2-5.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Eurochamp S.A.T.............................................. 156.59
Riberebro Integral S.A.U..................................... 156.59
All Others................................................... 59.59
------------------------------------------------------------------------
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 Spain, as described in Appendix I to this notice, entered, or
withdrawn from warehouse, for consumption on or after November 3, 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 Spain 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.
[[Page 18122]]
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: 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. Application of Total Adverse Facts Available
V. Discussion of the Issues
Comment 1: Whether Commerce Should Assign Adverse Facts
Available (AFA) to Eurochamp
Comment 2: Selection of the AFA Rate
VI. Recommendation
[FR Doc. 2023-06186 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-DS-P
