Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 24945 

44See 19 CFR 351.301(b)(2). 

45See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013), available at https://www.gpo.gov/fdsys/pkg/ 

FR-2013-09-20/html/2013-22853.htm. 

46See section 782(b) of the Act. 

47See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

48See Temporary Rule. 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.44 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a PMS exists 

under section 773(e) of the Act, then it 

will modify its dumping calculations 

appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), set a deadline 

for the submission of PMS allegations 

and supporting factual information. 

However, in order to administer section 

773(e) of the Act, Commerce must 

receive PMS allegations and supporting 

factual information with enough time to 

consider the submission. Thus, should 

an interested party wish to submit a 

PMS allegation and supporting new 

factual information pursuant to section 

773(e) of the Act, it must do so no later 

than 20 days after submission of a 

respondent’s initial section D 

questionnaire response. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in a 

letter or memorandum of the deadline 

(including a specified time) by which 

extension requests must be filed to be 

considered timely. An extension request 

must be made in a separate, stand-alone 

submission; Commerce will grant 

untimely filed requests for the extension 

of time limits only in limited cases 

where we determine, based on 19 CFR 

351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning factual information prior to 

submitting factual information in these 

investigations.45

Certification Requirements 

Any party submitting factual 

information in an AD or countervailing 

duty proceeding must certify to the 

accuracy and completeness of that 

information.46 Parties must use the 

certification formats provided in 19 CFR 

351.303(g).47 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing a letter of 

appearance as discussed). Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.48

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: April 20, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Scope of the 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. 

[FR Doc. 2022–08947 Filed 4–26–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–357–826] 

White Grape Juice Concentrate From 

the Republic of Argentina: Initiation of 

Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable April 20, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Gene H. Calvert, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–3586. 

SUPPLEMENTARY INFORMATION: 


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24946 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 

1See Petitioner’s Letter, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties: White Grape Juice Concentrate from 

Argentina,’’ dated March 31, 2022 (the Petition). 

2 Id. 

3See Commerce’s Letters, ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

White Grape Juice Concentrate from Argentina: 

Supplemental Questions,’’ dated April 5, 2022; 

‘‘Petition for the Imposition of Countervailing 

Duties on Imports of White Grape Juice Concentrate 

from Argentina: Second Supplemental 

Questionnaire,’’ dated April 13, 2022; ‘‘Petitions for 

the Imposition of Antidumping and Countervailing 

Duties on Imports of White Grape Juice Concentrate 

from Argentina: Supplemental Questions,’’ dated 

April 5, 2022 (General Issues Supplemental); and 

‘‘Petitions for the Imposition of Antidumping and 

Countervailing Duties on Imports of White Grape 

Juice Concentrate from Argentina: Second 

Supplemental Questions,’’ dated April 14, 2022. 

4See Petitioner’s Letters, ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties: White Grape Juice Concentrate from 

Argentina,’’ dated April 11, 2022; ‘‘Petition for the 

Imposition of Antidumping and Countervailing 

Duties: White Grape Juice Concentrate from 

Argentina,’’ dated April 11, 2022 (Updated 

Declarations); ‘‘Petition for the Imposition of 

Antidumping and Countervailing Duties: White 

Grape Juice Concentrate from Argentina,’’ dated 

April 13, 2022 (First General Issues Supplement); 

‘‘Petition for the Imposition of Antidumping and 

Countervailing Duties: White Grape Juice 

Concentrate from Argentina,’’ dated April 14, 2022 

(Second General Issues Supplement); and ‘‘Petition 

for the Imposition of Antidumping and 

Countervailing Duties: White Grape Juice 

Concentrate from Argentina,’’ dated April 14, 2022, 

referencing questions regarding alleged CVD 

programs. 

5See ‘‘Determination of Industry Support for the 

Petition’’ section, infra. 

6See 19 CFR 351.204(b)(2). 

7See General Issues Supplemental at 4. 

8See First General Issues Supplement at 2. 

9See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27323 (May 19, 1977) (Preamble). 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

12See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020) 

(Temporary Rule). 

13See Commerce’s Letter, ‘‘Countervailing Duty 

Petition on White Grape Juice Concentrate from the 

Argentine Republic: Invitation for Consultations to 

Discuss the Countervailing Duty Petition,’’ dated 

April 4, 2022. 

The Petition 

On March 31, 2022, the Department of 

Commerce (Commerce) received a 

countervailing duty (CVD) petition 

concerning imports of white grape juice 

concentrate (WGJC) from Argentina filed 

in proper form on behalf of Delano 

Growers Grape Products, LLC (the 

petitioner), a domestic producer of 

WGJC.1 The Petition was accompanied 

by an antidumping duty (AD) petition 

concerning imports of WGJC from 

Argentina.2

On April 5, 13, and 14, 2022, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petition.3 The petitioner filed 

timely responses to these requests 

between April 11 and 14, 2022.4

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of Argentina (GOA) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of WGJC 

in Argentina, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing WGJC in the United States. 

Consistent with section 702(b)(1) of the 

Act and 19 CFR 351.202(b), for the 

alleged program on which we are 

initiating a CVD investigation, the 

Petition was accompanied by 

information reasonably available to the 

petitioner supporting its allegations. 

Commerce finds that the petitioner 

filed the Petition on behalf of the 

domestic industry because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support with respect to the initiation of 

the requested CVD investigation.5

Period of Investigation 

Because the Petition was filed on 

March 31, 2022, the period of 

investigation (POI) is January 1, 2021, 

through December 31, 2021.6

Scope of the Investigation 

The merchandise covered by this 

investigation is WGJC from Argentina. 

For a full description of the scope of this 

investigation, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigation 

On April 5, 2022, Commerce 

requested further information from the 

petitioner regarding the proposed scope 

to ensure that the scope language in the 

Petition is an accurate reflection of the 

product for which the industry is 

seeking relief.7 On April 13, 2022, the 

petitioner provided a narrative 

clarification regarding the scope.8 The 

description of the merchandise covered 

by this investigation, as described in the 

appendix to this notice, reflects the 

products for which the domestic 

industry is seeking relief. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(scope).9 Commerce will consider all 

comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determination. If scope comments 

include factual information,10 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit scope comments by 5:00 

p.m. Eastern Time (ET) May 10, 2022, 

which is 20 calendar days from the 

signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on May 20, 2022, which 

is ten calendar days from the initial 

deadline. 

Commerce requests that any factual 

information the parties consider 

relevant to the scope of this 

investigation be submitted during this 

time period. However, if a party 

subsequently finds that additional 

factual information pertaining to the 

scope of this investigation may be 

relevant, the party may contact 

Commerce and request permission to 

submit the additional information. All 

such comments must be filed on the 

record of the concurrent AD and CVD 

investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.11 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.12

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the GOA of the receipt of the Petition 

and provided it the opportunity for 

consultations with respect to the CVD 

petition.13 The GOA requested 


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Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 24947 

14See GOA’s Letter, ‘‘Countervailing Duty 

Petition on White Grape Juice Concentrate from the 

Argentine Republic: Invitation for Consultations to 

Discuss the Countervailing Duty Petition,’’ dated 

April 5, 2022. 

15See Memorandum, ‘‘Countervailing Duty 

Petition on Imports of White Grape Juice 

Concentrate from the Republic of Argentina: 

Consultations with Officials from the Government 

of Argentina,’’ dated April 20, 2022 (CVD 

Consultations Memorandum). 

16See section 771(10) of the Act. 

17See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

18See Petition at 16–20. 

19For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Countervailing Duty 

Investigation Initiation Checklist: White Grape Juice 

Concentrate from Argentina (Argentina CVD 

Initiation Checklist) at Attachment II, Analysis of 

Industry Support for the Antidumping and 

Countervailing Duty Petitions Covering White 

Grape Juice Concentrate from Argentina 

(Attachment II). This checklist is dated 

concurrently with this notice and on file 

electronically via ACCESS. 

20See Petition at 5 and 9–10; see also Petitioner’s 

Letter, ‘‘Petition for the Imposition of Antidumping 

and Countervailing Duties: White Grape Juice 

Concentrate from Argentina,’’ dated March 31, 2022 

(Exhibit 10 Declaration); and Updated Declarations 

at Exhibit 10. 

21See Petition at 5–8 and Exhibits 21 and 22. 

22 Id. at 5–8 and Exhibits 14 and 22; see also First 

General Issues Supplement at Answer to Question 

6; and Updated Declarations at Exhibit 14. 23See Petition at 8–10. 24 Id. at 5–11 and Exhibits 14, 21, and 22; see also 

Exhibit 10 Declaration; First General Issues 

Supplement at 2–4 and Answer to Question 6; and 

Updated Declarations at Exhibit 14. For further 

discussion, see Attachment II of the Argentina CVD 

Initiation Checklist. 25See CVD Consultations Memorandum at 

Attachment. 

26See Petition at 5–11 and Exhibits 14, 21, and 

22; see also Exhibit 10 Declaration; First General 

Issues Supplement at 3–4; and Updated 

Declarations at Exhibits 10 and 14. For further 

discussion, see Attachment II of the Argentina CVD 

Initiation Checklist. 

27See Attachment II of the Argentina CVD 

Initiation Checklist; see also section 702(c)(4)(D) of 

the Act. 

28See Attachment II of the Argentina CVD 

Initiation Checklist. 

consultations,14 which were held via 

video conference on April 11, 2022.15

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The U.S. International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

Commerce and the ITC must apply the 

same statutory definition regarding the 

domestic like product,16 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, Commerce’s determination is 

subject to limitations of time and 

information. Although this may result in 

different definitions of the like product, 

such differences do not render the 

decision of either agency contrary to 

law.17

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation.18 Based on our analysis of 

the information submitted on the 

record, we have determined that WGJC, 

as defined in the scope, constitutes a 

single domestic like product, and we 

have analyzed industry support in terms 

of that domestic like product.19

In determining whether the petitioner 

has standing under section 702(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigation,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided the total volume 

of grapes it crushed for WGJC during 

crop year 2020 (i.e., August 2020–July 

2021).20 The petitioner also provided 

the total volume of grapes crushed for 

concentrate during crop year 2020, 

reported by the U.S. Department of 

Agriculture’s National Agricultural 

Statistics Service (USDA NASS) in its 

July 29, 2021, 2020 Errata to the 

California Grape Crush Report (July 

2021 USDA Grape Crush Report).21

Because the data in the July 2021 USDA 

Grape Crush Report reflect the total 

volume of grapes crushed for 

concentrate, including other concentrate 

products that are not part of the 

domestic like product, the petitioner 

adjusted the volume reported in the July 

2021 USDA Grape Crush Report in 

order to estimate the total volume of 

grapes crushed for WGJC.22 The 

petitioner then compared its own 

volume of grapes crushed for WGJC to 

the estimated total volume of grapes 

crushed for WGJC in crop year 2020.23

We relied on data provided by the 

petitioner for purposes of measuring 

industry support.24

On April 11, 2022, the GOA raised 

industry support comments during the 

consultations held regarding the CVD 

Petition.25

Our review of the data provided in the 

Petition, Exhibit 10 Declaration, the 

First General Issues Supplement, the 

Updated Declarations, and other 

information readily available to 

Commerce indicates that the petitioner 

has established industry support for the 

Petition.26 First, the Petition established 

support from domestic producers (or 

workers) accounting for more than 50 

percent of the total production of the 

domestic like product and, as such, 

Commerce is not required to take further 

action in order to evaluate industry 

support (e.g., polling).27 Second, the 

domestic producers (or workers) have 

met the statutory criteria for industry 

support under section 702(c)(4)(A)(i) of 

the Act because the domestic producers 

(or workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product.28 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 


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29 Id. 

30 Id. 

31See Petition at 21 and Exhibit 6. 

32 Id. at 20–34 and Exhibits 2, 5–8, 13, 23–24, and 

32–34; see also Exhibit 10 Declaration; Updated 

Declarations at Exhibits 10 and 14; First General 

Issues Supplement at 1–10 and Answer to Question 

17, Supplemental to Exhibits 10 and 33; Updated 

Exhibit 10; Second General Issues Supplement at 1– 

6 and Updated Declaration of Jeff Bitter, 

Supplemental Exhibits 1–3, and Updated 

Supplement to Exhibit 10; and Petitioner’s Letter, 

‘‘Petition for the Imposition of Antidumping and 

Countervailing Duties: White Grape Juice 

Concentrate from Argentina,’’ dated April 19, 2022. 

33See Argentina CVD Initiation Checklist at 

Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering White Grape Juice Concentrate from 

Argentina. 

34See Petition at Exhibit 4. 

35See Memorandum, ‘‘Countervailing Duty 

Petition on White Grape Juice Concentrate from the 

Republic of Argentina: Release of U.S. Customs and 

Border Protection Entry Data,’’ dated April 19, 

2022. 

36See section 733(a) of the Act. 

37 Id. 

expressing support for, or opposition to, 

the Petition.29 Accordingly, Commerce 

determines that the Petition was filed on 

behalf of the domestic industry within 

the meaning of section 702(b)(1) of the 

Act.30

Injury Test 

Because Argentina is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from Argentina 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.31

The petitioner contends that the 

industry’s injured condition is 

illustrated by underselling and price 

suppression; lost sales and revenues; 

decline in the U.S. industry’s 

production over the years; inventory 

carryover into the next crush year; 

removal of grape vine acreage, which 

impacts the petitioner’s ability to 

operate at full capacity; and the loss of 

producers of WGJC and grape growers.32

We assessed the allegations and 

supporting evidence regarding material 

injury, threat of material injury, 

causation, as well as negligibility, and 

we have determined that these 

allegations are properly supported by 

adequate evidence, and meet the 

statutory requirements for initiation.33

Initiation of CVD Investigation 

Based on our examination of the 

Petition and supplemental responses, 

we find the Petition meets the 

requirements of section 702 of the Act. 

Therefore, we are initiating a CVD 

investigation to determine whether 

imports of WGJC from Argentina benefit 

from countervailable subsidies 

conferred by the GOA. Based on our 

review of the Petition, we find that there 

is sufficient information to initiate a 

CVD investigation on one of the two 

alleged programs. For a full discussion 

of the basis for our decision, see the 

Argentina CVD Initiation Checklist. The 

CVD Initiation Checklist for this 

investigation is available on ACCESS. In 

accordance with section 703(b)(1) of the 

Act and 19 CFR 351.205(b)(1), unless 

postponed, we will make our 

preliminary determination no later than 

65 days after the date of this initiation. 

Respondent Selection 

The petitioner named eight 

companies in Argentina as producers 

and/or exporters of WGJC.34 Commerce 

intends to follow its standard practice in 

CVD investigations and calculate 

company-specific subsidy rates in this 

investigation. In the event that 

Commerce determines that the number 

of companies is large and that it cannot 

individually examine each company 

based on Commerce’s resources, where 

appropriate, Commerce intends to select 

respondents based on U.S. Customs and 

Border Protection (CBP) data for U.S. 

imports of WGJC from Argentina during 

the POI under the appropriate 

Harmonized Tariff Schedule of the 

United States subheadings listed in the 

‘‘Scope of the Investigations,’’ in the 

appendix to this notice. 

On April 19, 2022, Commerce 

released CBP data for U.S. imports of 

WGJC from Argentina under 

administrative protective order (APO) to 

all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

regarding the CBP data and respondent 

selection must do so within three 

business days of the publication date of 

the notice of initiation of this CVD 

investigation.35 Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties wishing to comment 

regarding the CBP data and respondent 

selection must do so within three 

business days of the publication date of 

this notice of initiation of this CVD 

investigation. Interested parties must 

submit applications for disclosure under 

APO in accordance with 19 CFR 

351.305(b). Instructions for filing such 

applications may be found on 

Commerce’s website at https://

enforcement.trade.gov/apo. 

Comments on CBP data and 

respondent selection must be filed 

electronically using ACCESS. An 

electronically-filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET on 

the specified deadline. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petition has been provided to the 

GOA via ACCESS. To the extent 

practicable, Commerce will attempt to 

provide a copy of the public version of 

the Petition to each exporter named in 

the Petition, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petition was filed, whether there is 

a reasonable indication that imports of 

WGJC from Argentina are materially 

injuring or threatening material injury to 

a U.S. industry.36 A negative ITC 

determination will result in this 

investigation being terminated.37

Otherwise, this investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Any party, when 

submitting factual information, must 

specify under which subsection of 19 

CFR 351.102(b)(21) the information is 

being submitted and, if the information 

is submitted to rebut, clarify, or correct 


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Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 24949 

38See 19 CFR 351.301(b). 

39See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013), available at https://www.gpo.gov/fdsys/pkg/ 

FR-2013-09-20/html/2013-22853.htm. 

40See section 782(b) of the Act. 

41See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 42See Temporary Rule. 

factual information already on the 

record, provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct.38 Time 

limits for the submission of factual 

information are address in 19 CFR 

351.301, which provide specific time 

limits based on the type of factual 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in this investigation. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301 or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, Commerce may elect to 

specify a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, Commerce will inform 

parties in a letter or memorandum of the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

stand-alone submission; under limited 

circumstances Commerce will grant 

untimely-filed requests for the extension 

of time limits. Parties should review 

Commerce’s regulations concerning the 

extension of time limits prior to 

submitting extension requests in this 

investigation.39

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.40

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).41 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Instructions for filing such applications 

may be found on the Commerce website 

at https://enforcement.trade.gov/apo. 

Parties wishing to participate in this 

investigation should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing a letter of 

appearance). Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.42

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act and 19 CFR 351.203(c). 

Dated: April 20, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Scope of the Investigation 

The scope of this investigation covers 

white grape juice concentrate with a Brix 

level of 65 to 68, whether in frozen or nonfrozen forms. White grape juice concentrate 

is concentrated grape juice produced from 

grapes of the Vitis vinifera L. species with a 

white flesh, including fresh market table 

grapes and raisin grapes (e.g., Thompson 

Seedless), as well as several varietals of wine 

grapes (e.g., Chardonnay, Chenin Blanc, 

Sauvignon Blanc, Colombard, etc.). The 

scope of this investigation covers white grape 

juice concentrate regardless of whether it has 

been certified as kosher, organic, or organic 

kosher. The white grape juice concentrate 

subject to this investigation consists of 100 

percent grape juice with no other types of 

juice intermixed and no additional sugars or 

additives included. 

The scope does not cover white grape juice 

concentrate produced from grapes of the Vitis 

labrusca species (e.g., Niagara). 

The products covered by this investigation 

are currently classified under the following 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheadings: 2009.69.0040 

and 2009.69.0060. The HTSUS subheadings 

and specifications are provided for 

convenience and customs purposes; the 

written description of the scope is 

dispositive. 

[FR Doc. 2022–08956 Filed 4–26–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB977] 

Council Coordination Committee 

Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council will host a 

meeting of the Council Coordination 

Committee (CCC), consisting of the 

Regional Fishery Management Council 

(Council) chairs, vice chairs, and 

executive directors from May 17 to May 

19, 2022. The intent of this meeting is 

to discuss issues of relevance to the 

Councils and NMFS, including issues 

related to the implementation of the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSA). 

DATES: Registration for the meeting will 

begin at 3 p.m. on Monday, May 16, 

2022. The substantive meeting topics 

begin at 1 p.m. on Tuesday, May 17, 

2022 and recess at 5:15 p.m. or when 

business is complete. The meeting will 

reconvene at 9 a.m. on Wednesday, May 

18, 2022 and recess at 5 p.m. or when 

business is complete. The meeting will 

reconvene on the final day at 9 a.m. on 

Thursday, May 19, 2022 and adjourn by 

1 p.m. or when business is complete. 

ADDRESSES: 

Meeting address: The meeting will be 

held at the Annapolis Waterfront Hotel, 

80 Compromise Street, Annapolis, MD 

21401; telephone: (410) 268–7555. 

The meeting will also be broadcast via 

webinar. Connection details and public 

comment instructions will be available 

at http://www.fisherycouncils.org/cccmeetings/may-2022. 

Council address: The Mid-Atlantic 

Council address is 800 North State 

Street, Suite 201, Dover, DE 19901– 

3910. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 2007 

reauthorization of the MagnusonStevens Fishery Conservation and 

Management Act established the CCC. 

The CCC consists of the chairs, vice 

chairs, and executive directors of each 

of the eight Regional Fishery 

Management Councils, or their 


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