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Petition Filed for New AD/CV Duties on Dried Tart Cherries From Turkey

A coalition of U.S. producers is seeking the imposition of antidumping and countervailing duties on dried tart cherries from Turkey, it said in a petition filed April 22 with the Commerce Department and the International Trade Commission. Commerce will now decide whether to begin AD/CVD investigations that could eventually result in the assessment of AD/CV duties. The petition was filed by the Dried Tart Cherry Trade Committee.

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Proposed Scope

The petition proposes the following scope for the investigations:

The scope of these investigations covers dried tart cherries, which may also be referred to as dried sour cherries or dried red tart cherries. Dried tart cherries may be processed from any variety of tart cherries. Tart cherries are generally classified as Prunus cerasus. Types of tart cherries include, but are not limited to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and Oblacinska. Dried tart cherries are covered by the scope of this investigation regardless of the horticulture method through which the cherries were produced (e.g., organic or not).

Dried tart cherries are covered by the scope of these investigations whether or not they contain any added sugar or other sweetening matter, whether or not they are coated in oil or rice flour, whether infused or not infused, and regardless of the infusion ingredients, including sugar, sucrose, fruit juice, and any other infusion ingredients. The subject merchandise covers all shapes, sizes, and colors of dried tart cherries, whether pitted or unpitted, and whether whole, chopped, minced, crumbled, in granules, broken, or otherwise reduced in size. The scope covers dried tart cherries in all types of packaging, regardless of the size or packaging material.

Included in the scope of these investigations are dried tart cherries that otherwise meet the definition above that are packaged with non-subject products, including, but not limited to, mixtures of dried fruits and mixtures of dried fruits and nuts. Only the dried tart cherry components of such products are covered by these investigations; the scope does not include the non-subject components of such products.

Included in the scope of these investigations are all dried tart cherries produced in Turkey, including dried tart cherries that have been further processed in a third country, including but not limited to processing by sweetening, coating, chopping, mincing, crumbling, packaging with non-subject products, or other packaging, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in Turkey.

The scope of these investigations does not cover finished bakery and confectionery items (cakes, cookies, candy, etc.) that incorporate dried tart cherries as an ingredient.

The subject merchandise is currently classifiable under 0813.40.3000 of the Harmonized Tariff Schedule of the United States (HTSUS). The subject merchandise may also enter under subheadings 0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000 and 2008.60.0060. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.

Commerce Accepting Comments on Petition Support

The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations. Comments are due May 13.

Email ITTNews@warren-news.com for a copy of the petition.