Certain Preserved Mushrooms From Poland: Final Affirmative Determination of Sales at Less Than Fair Value, 18118-18120 [2023-06187]
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18118
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
rate previously established for the
China-wide entity is 48.91 percent.4
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. We intend to instruct CBP to
apply an ad valorem assessment rate of
48.91 percent (i.e., the China-wide
entity rate), to all entries of subject
merchandise during the POR which
were exported by Ningbo Dongxin.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
the publication date of the final results
of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) for Ningbo Dongxin, that has not
been found to be entitled to a separate
rate, the cash deposit rate will be that
for the China-wide entity; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
4 See Order. We adjusted the dumping margin of
59.45 percent to account for subsidy offsets
calculated in the companion countervailing duty
proceeding.
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Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
the final results of this review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 351.221(b)(5).
Dated: March 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–06270 Filed 3–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–455–806]
Certain Preserved Mushrooms From
Poland: 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 Poland are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2021, through
December 31, 2021.
DATES: Applicable March 27, 2023.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
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) 482–5166.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2022, Commerce
published in the Federal Register its
Preliminary Determination, in which it
also postponed the final determination
until March 20, 2023.1 Commerce
invited interested parties to comment on
the Preliminary Determination.2
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.3 The Issues and
Decision Memorandum is a public
document and is available 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.
Scope of the Investigation
The products covered by this
investigation are preserved mushrooms
from Poland. For a full description of
the scope of this investigation, see
Appendix I.
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 Okechamp S.A.
(Okechamp) 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 Okechamp.4
1 See Certain Preserved Mushrooms from Poland:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 87 FR 66273 (November 3,
2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 Id.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Preserved Mushrooms from
Poland,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Memorandum, ‘‘Verification of the
Questionnaire Response of Okechamp S.A. in the
Less-Than-Fair-Value Investigation of Certain
Preserved Mushrooms from Poland,’’ dated January
27, 2023.
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are discussed in the Issues
and Decision Memorandum. A list of
the issues raised in the Issues and
Decision Memorandum is attached to
this notice as Appendix II.
ddrumheller on DSK120RN23PROD with NOTICES1
Changes Since the Preliminary
Determination
We have made certain changes to the
margin calculations for Okechamp,
Bonduelle Polska-UL.Michala
(Bonduelle Michala) and Boduelle
Polska SA (Bonduelle Polska) since the
Preliminary Determination. See the
Issues and Decision Memorandum for a
discussion of these changes.
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, Commerce assigned to
the mandatory respondents in this
investigation, Bonduelle Michala and
Bonduelle Polska, estimated weightedaverage dumping margins on the basis
of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of
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
Michala and Bonduelle Polska.
Pursuant to section 776(b) of the Act,
we examined the dumping margins
alleged in the petition, the weightedaverage dumping margin calculated in
this final determination, and other
information of the record of this
investigation to determine an
appropriate estimated weighted-average
dumping margin for Bonduelle Michala
and Bonduelle Polska based on AFA.
We are assigning the highest
transaction-specific dumping margin
calculated for Okechamp as the
estimated weighted-average dumping
margin to Bonduelle Michala and
Bonduelle Polska based on AFA.
Because we are relying on information
obtained in the course of this
investigation, we do not need to
corroborate this margin pursuant section
776(c) of the Act. For further discussion,
see the Issues and Decision
Memorandum at ‘‘Use of Adverse Facts
Available.’’
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
5 See
Preliminary Determination, 87 FR at 66273.
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producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this case, Commerce calculated an
individual estimated weighted-average
dumping margin for Okechamp that is
not zero, de minimis, or determined
entirely under section 776 of the Act.
Consequently, the rate calculated for
Okechamp is also assigned as the rate
for all other producers and exporters.
18119
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.
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
Estimated
weighted- accordance with section 735(b)(2) of the
Act, the ITC will make its final
average
Producer/exporter
dumping
determination as to whether the
margin
domestic industry in the United States
(percent)
is materially injured, or threatened with
Okechamp S.A ...........................
34.32 material injury, by reason of imports or
Bonduelle Polska-UL.Michala .....
57.22 sales (or the likelihood of sales) for
Bonduelle Polska SA ..................
57.22 importation of preserved mushrooms
All Others ....................................
34.32 from Poland no later than 45 days after
this final determination. If the ITC
determines that such injury does not
Disclosure
exist, this proceeding will be
Commerce intends to disclose its
terminated, and all cash deposits posted
calculations and analysis performed to
will be refunded and suspension of
interested parties in this final
liquidation will be lifted. If the ITC
determination within five days of the
determines that such injury does exist,
date of publication of this notice or, if
Commerce will issue an antidumping
there is no public announcement,
duty order directing CBP to assess, upon
within five days of the date of
publication of this notice, in accordance further instruction by Commerce,
antidumping duties on all imports of the
with 19 CFR 351.224(b).
subject merchandise entered, or
Continuation of Suspension of
withdrawn from warehouse, for
Liquidation
consumption on or after the effective
date of the suspension of liquidation, as
In accordance with section
discussed above in the ‘‘Continuation of
735(c)(1)(B) of the Act, Commerce will
Suspension of Liquidation’’ section.
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend Administrative Protective Order
liquidation of all entries of preserved
This notice will serve as a final
mushrooms from Poland, as described
in Appendix I to this notice, which were reminder to the parties subject to an
administrative protective order (APO) of
entered, or withdrawn from warehouse
their responsibility concerning the
for consumption on or after November
disposition of proprietary information
3, 2022, the date of publication of
disclosed under APO in accordance
Preliminary Determination of this
with 19 CFR 351.305(a)(3). Timely
investigation in the Federal Register.
written notification of return or
Pursuant to section 735(c)(1)(B)(ii) of
destruction of APO materials or
the Act and 19 CFR 351.210(d), where
conversion to judicial protective order is
appropriate, Commerce will instruct
hereby requested. Failure to comply
CBP to require a cash deposit equal to
with the regulations and the terms of an
the estimated weighted-average
APO is a sanctionable violation.
dumping margin or the estimated allothers rate, as follows: (1) the cash
Notification to Interested Parties
deposit rate for the respondents listed
above will be equal to the companyThis determination is issued and
specific estimated weighted-average
published in accordance with sections
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist for the POI:
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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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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.
PO 00000
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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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]]>Agencies
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18118-18120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06187]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-455-806]
Certain Preserved Mushrooms From Poland: 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 Poland are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is January 1, 2021,
through December 31, 2021.
DATES: Applicable March 27, 2023.
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) 482-5166.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2022, Commerce published in the Federal Register its
Preliminary Determination, in which it also postponed the final
determination until March 20, 2023.\1\ Commerce invited interested
parties to comment on the Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms from Poland: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
66273 (November 3, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ Id.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and Decision Memorandum is a public document and is
available 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Preserved Mushrooms from Poland,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are preserved mushrooms
from Poland. For a full description of the scope of this investigation,
see Appendix I.
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 Okechamp S.A. (Okechamp) 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 Okechamp.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Verification of the Questionnaire Response
of Okechamp S.A. in the Less-Than-Fair-Value Investigation of
Certain Preserved Mushrooms from Poland,'' dated January 27, 2023.
---------------------------------------------------------------------------
[[Page 18119]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are discussed in the Issues and Decision Memorandum.
A list of the issues raised in the Issues and Decision Memorandum is
attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for
Okechamp, Bonduelle Polska-UL.Michala (Bonduelle Michala) and Boduelle
Polska SA (Bonduelle Polska) since the Preliminary Determination. See
the Issues and Decision Memorandum for a discussion of these changes.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, Bonduelle Michala and
Bonduelle Polska, estimated weighted-average dumping margins on the
basis of adverse facts available (AFA), pursuant to sections 776(a) and
(b) of 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 Michala and Bonduelle Polska.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 87 FR at 66273.
---------------------------------------------------------------------------
Pursuant to section 776(b) of the Act, we examined the dumping
margins alleged in the petition, the weighted-average dumping margin
calculated in this final determination, and other information of the
record of this investigation to determine an appropriate estimated
weighted-average dumping margin for Bonduelle Michala and Bonduelle
Polska based on AFA. We are assigning the highest transaction-specific
dumping margin calculated for Okechamp as the estimated weighted-
average dumping margin to Bonduelle Michala and Bonduelle Polska based
on AFA. Because we are relying on information obtained in the course of
this investigation, we do not need to corroborate this margin pursuant
section 776(c) of the Act. For further discussion, see the Issues and
Decision Memorandum at ``Use of Adverse Facts Available.''
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this case, Commerce calculated an individual estimated weighted-
average dumping margin for Okechamp that is not zero, de minimis, or
determined entirely under section 776 of the Act. Consequently, the
rate calculated for Okechamp is also assigned as the rate for all other
producers and exporters.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the POI:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Okechamp S.A................................................ 34.32
Bonduelle Polska-UL.Michala................................. 57.22
Bonduelle Polska SA......................................... 57.22
All Others.................................................. 34.32
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of the date of publication of this notice 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).
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 entries of preserved mushrooms from Poland,
as described in Appendix I to this notice, which were entered, or
withdrawn from warehouse for consumption on or after November 3, 2022,
the date of publication of Preliminary Determination of this
investigation 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 Poland 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
[[Page 18120]]
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. 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
Comment 8: Adjustments to Financial Expense Ratio
Comment 9: Selection of Romania as the Comparison Market
VI. Recommendation
[FR Doc. 2023-06187 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-DS-P
