Certain Preserved Mushrooms From the Netherlands, Poland, and Spain: Antidumping Duty Orders, 33096-33098 [2023-10939]
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lotter on DSK11XQN23PROD with NOTICES1
33096
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices
ECRA, in which the person had an
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Garza-Solis’s
conviction for violating Section 38 of
the AECA. BIS provided notice and
opportunity for Garza-Solis to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Garza-Solis.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Garza-Solis’s
export privileges under the Regulations
for a period of 10 years from the date of
Garza-Solis’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Garza-Solis had an interest at the time
of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 16, 2030, Jacobo Javier GarzaSolis, with a last known address of 1614
Solar Dr., Mission, TX 78572, and when
acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (‘‘the Denied
Person’’), may not directly or indirectly
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial
orders, pursuant to amendments to the Regulations
(85 FR 73411, November 18, 2020).
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17:24 May 22, 2023
Jkt 259001
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
ECRA (50 U.S.C. 4819(e)) and sections
766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or
business organization related to GarzaSolis by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Garza-Solis may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Garza-Solis and shall be
published in the Federal Register.
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Sixth, this Order is effective
immediately and shall remain in effect
until October 16, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10967 Filed 5–22–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–815, A–455–806, A–469–825]
Certain Preserved Mushrooms From
the Netherlands, Poland, and Spain:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on certain preserved mushrooms
(preserved mushrooms) from the
Netherlands, Poland, and Spain.
DATES: Applicable May 23, 2023.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla at (202) 482–4956 (the
Netherlands), Eliza DeLong at (202)
482–3878 (Poland), or Katherine
Johnson at (202) 482–4929 (Spain), AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act), on March 27, 2023,
Commerce published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of
preserved mushrooms from the
Netherlands, Poland, and Spain.1 On
May 11, 2023, the ITC notified
Commerce of its final determinations,
pursuant to section 735(d) of the Act,
that an industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of LTFV imports of preserved
1 See Certain Preserved Mushrooms from the
Netherlands: Final Affirmative Determination of
Sales at Less Than Fair Value, 88 FR 18115 (March
27, 2023); Certain Preserved Mushrooms from
Poland: Final Affirmative Determination of Sales at
Less Than Fair Value, 88 FR 18118 (March 27,
2023); and Certain Preserved Mushrooms from
Spain: Final Affirmative Determination of Sales at
Less Than Fair Value, 88 FR 18120 (March 27,
2023).
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33097
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices
mushrooms from the Netherlands,
Poland, and Spain.2
Scope of the Orders
The products covered by these orders
are certain preserved mushrooms from
the Netherlands, Poland, and Spain. For
a complete description of the scope of
these orders, see the appendix to this
notice.
lotter on DSK11XQN23PROD with NOTICES1
Antidumping Duty Orders
On May 11, 2023, in accordance with
section 735(d) of the Act, the ITC
notified Commerce of its final
determinations in these investigations,
in which it found that an industry in the
United States is materially injured by
reason of imports of preserved
mushrooms from the Netherlands,
Poland, and Spain.3 Therefore, in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing
these antidumping duty orders. Because
the ITC determined that imports of
preserved mushrooms from the
Netherlands, Poland, and Spain are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from the Netherlands,
Poland, and Spain, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of preserved
mushrooms from the Netherlands,
Poland, and Spain. With the exception
of entries occurring after the expiration
of the provisional measures period and
before publication of the ITC’s final
affirmative injury determinations, as
further described below, antidumping
duties will be assessed on unliquidated
entries of preserved mushrooms from
the Netherlands, Poland, and Spain,
entered, or withdrawn from warehouse,
for consumption, on or after November
3, 2022, the date of publication of the
Preliminary Determinations.4
2 See ITC Notification Letter, Investigation Nos.
731–TA–1588–1590 (Final), dated May 11, 2023
(ITC Notification Letter); see also Certain Preserved
Mushrooms from the Netherlands, Poland, and
Spain, 88 FR 31522 (May 17, 2023).
3 Id.
4 See 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, 87 FR 66265
(November 3, 2022); Certain Preserved Mushrooms
VerDate Sep<11>2014
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Jkt 259001
Continuation of Suspension of
Liquidation and Cash Deposits
Except as noted in the ‘‘Provisional
Measures’’ section of this notice, in
accordance with section 736 of the Act,
Commerce will instruct CBP to continue
to suspend liquidation on all relevant
entries of preserved mushrooms from
the Netherlands, Poland, and Spain.
These instructions suspending
liquidation will remain in effect until
further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the tables below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determinations, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rates listed in the tables
below. The all-others rate applies to all
producers or exporters not specifically
listed, as appropriate.5 Because the
estimated weighted-average dumping
margin is zero for subject merchandise
produced and exported by Prochamp
B.V., entries of shipments of subject
merchandise from this producer/
exporter combination are excluded from
the antidumping duty order on subject
merchandise from the Netherlands.
These exclusions will not be applicable
to merchandise exported to the United
States by these respondents in any other
producer/exporter combination or by
third parties that sourced subject
merchandise from the excluded
producer/exporter combinations.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
from Poland: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 66273
(November 3, 2022); and 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) (collectively, Preliminary
Determinations).
5 As noted below, merchandise produced and
exported by Prochamp B.V. is excluded from the
Netherlands order. Therefore, the all-others rate
applies to entries of any merchandise produced by
Prochamp B.V. and exported by any other company
or merchandise produced by any other company
and exported by Prochamp B.V.
6 Merchandise produced and exported by
Prochamp B.V. is excluded from the Netherlands
order. This exclusion does not apply to
merchandise produced by Prochamp B.V. and
exported by any other company or merchandise
produced by any other company and exported by
Prochamp B.V. Resellers of merchandise produced
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Producer/exporter
Estimated
weightedaverage
dumping
margin
(percent)
The Netherlands
Okechamp B.V ...........................
Prochamp B.V ............................
All Others ....................................
146.59
6 0.00
132.97
Poland
Okechamp S.A ...........................
Bonduelle Polska-UL.Michala .....
Bonduelle Polska SA ..................
All Others ....................................
34.32
57.22
57.22
34.32
Spain
Eurochamp S.A.T .......................
Riberebro Integral S.A.U ............
All Others ....................................
156.59
156.59
59.59
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
preserved mushrooms from the
Netherlands, Poland, and Spain,
Commerce extended the four-month
period to six months in each of these
investigations. Commerce published the
preliminary determinations in these
investigations on November 3, 2022.7
The extended provisional measures
period, beginning on the date of
publication of the Preliminary
Determinations, ended on May 1, 2023.
Therefore, in accordance with section
733(d) of the Act and our practice,8
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of preserved mushrooms from
the Netherlands, Poland, and Spain
entered or withdrawn from warehouse,
for consumption after May 1, 2023, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
by Prochamp B.V. are also not entitled to this
exclusion.
7 Id.
8 See, e.g., Certain Corrosion-Resistant Steel
Products from India, India, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determinations in the
Federal Register.
lotter on DSK11XQN23PROD with NOTICES1
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the Final Rule in the Federal
Register.9 On September 27, 2021,
Commerce also published the
Procedural Guidance in the Federal
Register.10 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.11
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 12
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 Id.
12 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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17:24 May 22, 2023
Jkt 259001
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance,13 the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 14
Accordingly, as stated above, the
petitioner and Governments of the
Netherlands, Poland, and Spain should
submit their initial entries of
appearance after publication of this
notice in order to appear in the first
annual inquiry service lists for these
orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Governments of the Netherlands,
Poland, and Spain will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Governments of the Netherlands,
Poland, and Spain are responsible for
making amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
preserved mushrooms from the
Netherlands, Poland, and Spain
pursuant to section 736(a) of the Act.
Interested parties can find a list of
13 See
14 See
PO 00000
Procedural Guidance, 86 FR at 53206.
Final Rule, 86 FR at 52335.
Frm 00019
Fmt 4703
Sfmt 4703
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These antidumping duty orders are
published in accordance with sections
735(e) and 736(a) of the Act and 19 CFR
351.224(e) and 19 CFR 351.211(b).
Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Orders
The merchandise covered by these orders
are certain preserved mushrooms, whether
imported whole, sliced, diced, or as stems
and pieces. The preserved mushrooms
covered under these orders 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 these orders 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 the
orders is dispositive.
[FR Doc. 2023–10939 Filed 5–22–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF EDUCATION
Applications for New Awards;
Demonstration Grants for Indian
Children and Youth Program—Native
American Teacher Retention Initiative
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
The Department of Education
(Department) is issuing a notice inviting
applications for new awards for fiscal
year (FY) 2023 for Demonstration Grants
for Indian Children and Youth Program
(Demonstration program)—Native
SUMMARY:
E:\FR\FM\23MYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33096-33098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10939]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-815, A-455-806, A-469-825]
Certain Preserved Mushrooms From the Netherlands, Poland, and
Spain: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
certain preserved mushrooms (preserved mushrooms) from the Netherlands,
Poland, and Spain.
DATES: Applicable May 23, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla at (202) 482-4956 (the
Netherlands), Eliza DeLong at (202) 482-3878 (Poland), or Katherine
Johnson at (202) 482-4929 (Spain), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on March 27, 2023, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of preserved mushrooms from the Netherlands, Poland, and
Spain.\1\ On May 11, 2023, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of
preserved
[[Page 33097]]
mushrooms from the Netherlands, Poland, and Spain.\2\
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms from the Netherlands: Final
Affirmative Determination of Sales at Less Than Fair Value, 88 FR
18115 (March 27, 2023); Certain Preserved Mushrooms from Poland:
Final Affirmative Determination of Sales at Less Than Fair Value, 88
FR 18118 (March 27, 2023); and Certain Preserved Mushrooms from
Spain: Final Affirmative Determination of Sales at Less Than Fair
Value, 88 FR 18120 (March 27, 2023).
\2\ See ITC Notification Letter, Investigation Nos. 731-TA-1588-
1590 (Final), dated May 11, 2023 (ITC Notification Letter); see also
Certain Preserved Mushrooms from the Netherlands, Poland, and Spain,
88 FR 31522 (May 17, 2023).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are certain preserved
mushrooms from the Netherlands, Poland, and Spain. For a complete
description of the scope of these orders, see the appendix to this
notice.
Antidumping Duty Orders
On May 11, 2023, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of preserved mushrooms from
the Netherlands, Poland, and Spain.\3\ Therefore, in accordance with
sections 735(c)(2) and 736 of the Act, Commerce is issuing these
antidumping duty orders. Because the ITC determined that imports of
preserved mushrooms from the Netherlands, Poland, and Spain are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from the Netherlands, Poland, and Spain, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of preserved mushrooms from the Netherlands, Poland,
and Spain. With the exception of entries occurring after the expiration
of the provisional measures period and before publication of the ITC's
final affirmative injury determinations, as further described below,
antidumping duties will be assessed on unliquidated entries of
preserved mushrooms from the Netherlands, Poland, and Spain, entered,
or withdrawn from warehouse, for consumption, on or after November 3,
2022, the date of publication of the Preliminary Determinations.\4\
---------------------------------------------------------------------------
\4\ See 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, 87 FR 66265 (November 3, 2022); Certain
Preserved Mushrooms from Poland: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 87 FR
66273 (November 3, 2022); and 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) (collectively,
Preliminary Determinations).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation on all relevant entries
of preserved mushrooms from the Netherlands, Poland, and Spain. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed in the tables below. The all-others
rate applies to all producers or exporters not specifically listed, as
appropriate.\5\ Because the estimated weighted-average dumping margin
is zero for subject merchandise produced and exported by Prochamp B.V.,
entries of shipments of subject merchandise from this producer/exporter
combination are excluded from the antidumping duty order on subject
merchandise from the Netherlands. These exclusions will not be
applicable to merchandise exported to the United States by these
respondents in any other producer/exporter combination or by third
parties that sourced subject merchandise from the excluded producer/
exporter combinations.
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\5\ As noted below, merchandise produced and exported by
Prochamp B.V. is excluded from the Netherlands order. Therefore, the
all-others rate applies to entries of any merchandise produced by
Prochamp B.V. and exported by any other company or merchandise
produced by any other company and exported by Prochamp B.V.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\6\ Merchandise produced and exported by Prochamp B.V. is
excluded from the Netherlands order. This exclusion does not apply
to merchandise produced by Prochamp B.V. and exported by any other
company or merchandise produced by any other company and exported by
Prochamp B.V. Resellers of merchandise produced by Prochamp B.V. are
also not entitled to this exclusion.
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
The Netherlands
------------------------------------------------------------------------
Okechamp B.V................................................ 146.59
Prochamp B.V................................................ \6\ 0.00
All Others.................................................. 132.97
------------------------------------------------------------------------
Poland
------------------------------------------------------------------------
Okechamp S.A................................................ 34.32
Bonduelle Polska-UL.Michala................................. 57.22
Bonduelle Polska SA......................................... 57.22
All Others.................................................. 34.32
------------------------------------------------------------------------
Spain
------------------------------------------------------------------------
Eurochamp S.A.T............................................. 156.59
Riberebro Integral S.A.U.................................... 156.59
All Others.................................................. 59.59
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of preserved mushrooms from the Netherlands, Poland, and Spain,
Commerce extended the four-month period to six months in each of these
investigations. Commerce published the preliminary determinations in
these investigations on November 3, 2022.\7\
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\7\ Id.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on May 1, 2023.
Therefore, in accordance with section 733(d) of the Act and our
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of preserved mushrooms from the Netherlands,
Poland, and Spain entered or withdrawn from warehouse, for consumption
after May 1, 2023, the final day on which the provisional measures were
in effect, until and through the day preceding the date of
[[Page 33098]]
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \12\
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\12\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\13\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published. Commerce may update an annual inquiry service list at any
time as needed based on interested parties' amendments to their entries
of appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
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\13\ See Procedural Guidance, 86 FR at 53206.
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Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above, the petitioner and Governments of the Netherlands, Poland, and
Spain should submit their initial entries of appearance after
publication of this notice in order to appear in the first annual
inquiry service lists for these orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Governments of the Netherlands,
Poland, and Spain will not need to resubmit their entries of appearance
each year to continue to be included on the annual inquiry service
list. However, the petitioner and the Governments of the Netherlands,
Poland, and Spain are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
preserved mushrooms from the Netherlands, Poland, and Spain pursuant to
section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These antidumping duty orders are published in accordance with
sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR
351.211(b).
Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders are certain preserved
mushrooms, whether imported whole, sliced, diced, or as stems and
pieces. The preserved mushrooms covered under these orders 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 these orders 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 the orders is
dispositive.
[FR Doc. 2023-10939 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DS-P
