Preserved Mushrooms: New AD Investigations Deadlines & Scope
The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigations on preserved mushrooms from France (A-427-833), the Netherlands (A-421-815), Poland (A-455-806) and Spain (A-469-825). The agency will determine whether imports of preserved mushrooms are being sold in the U.S. at less than fair value. The investigations cover entries during the period Jan. 1, 2021, through Dec. 31, 2021.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped preserved mushrooms from France, the Netherlands, Poland and Spain are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determinations, due May 16, the investigations will immediately end. If Commerce finds dumping in the preliminary determinations of these investigations, due in September, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue AD duty orders making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
AD Respondent Selection
Commerce intends to use CBP data to pick respondents to its AD duty investigations. Comments are due May 2.
Scope of the AD/CVD Investigations
The merchandise covered by these investigations is certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under these investigations 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 investigations 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.
Participants in the AD duty investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due May 10.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 03/31/22 |
| DOC initiation date | 04/20/22 |
| ITC prelim determinations | 05/16/22 |
| DOC prelim determinations | 09/07/22 |
| DOC final determinations | 11/21/22 |
| ITC final determinations | 01/05/23 |
| Issuance of orders | 01/12/23 |
These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is here. See 2204050031 for a summary of the petition requesting these investigations.