Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 24941 

1See Petitioner’s Letter, ‘‘Certain Preserved 

Mushrooms from France, Netherlands, Poland, and 

Spain: Petition for the Imposition of Antidumping 

Duties,’’ dated March 31, 2022 (the Petitions). 

2See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping Duties on Imports of 

Certain Preserved Mushrooms from France: 

Supplemental Questions,’’ dated April 5, 2022 

(General Issues Questionnaire); and CountrySpecific Questionnaires: France Supplemental, 

Netherlands Supplemental, Poland Supplemental, 

and Spain Supplemental, dated April 5, 2022; see 

also Memoranda, ‘‘Petition for the Imposition of 

Antidumping Duties on Imports of Certain 

Preserved Mushrooms from France, Netherlands 

and Poland: Phone Call with Counsel to the 

Petitioner,’’ dated April 12, 2022; and ‘‘Petition for 

the Imposition of Antidumping Duties on Imports 

of Certain Preserved Mushrooms from Spain: Phone 

Call with Counsel to the Petitioner,’’ dated April 12, 

2022 (collectively, April 12, 2022 Memoranda). 

3See Petitioner’s Letters, ‘‘Certain Preserved 

Mushrooms from France, Netherlands, Poland, and 

Spain—Petitioner’s Supplement to Volume I 

Relating to Request for the Imposition of 

Antidumping Duties on Imports from France, 

Netherlands, Poland, and Spain,’’ dated April 8, 

2022 (General Issues Supplement); Petitioner’s 

Country-Specific Supplemental Responses, dated 

April 8, 2022; and ‘‘Certain Preserved Mushrooms 

from France, Netherlands, Poland, and Spain— 

Petitioner’s Second Supplement to Volume V 

Relating to Request for the Imposition of 

Antidumping Duties on Imports from Spain,’’ dated 

April 13, 2022 (Spain Second Supplement). 

4See infra, section titled ‘‘Determination of 

Industry Support for the Petitions.’’ 

5See 19 CFR 351.204(b)(1). 

products and services. More information 

about the Committee, including the list 

of appointed members for this charter, 

is published online at http://trade.gov/ 

reeeac. 

On May 12, 2022, the REEEAC will 

hold the eighth meeting of its current 

charter term. The Committee will 

discuss major issues affecting the 

competitiveness of the U.S. renewable 

energy and energy efficiency industries, 

covering four broad themes: Trade 

promotion and market access, global 

decarbonization, clean energy supply 

chains, and technology and innovation. 

The Committee will also review 

recommendations developed by 

subcommittees in these areas. To 

receive an agenda please make a request 

to REEEAC DFO Cora Dickson per 

above. The agenda will be made 

available no later than May 6, 2022. 

The Committee meeting will be open 

to the public and will be accessible to 

people with disabilities. All guests are 

required to register in advance by the 

deadline identified under the DATE

caption. Requests for auxiliary aids 

must be submitted by the registration 

deadline. Last minute requests will be 

accepted but may not be possible to fill. 

A limited amount of time before the 

close of the meeting will be available for 

oral comments from members of the 

public attending the meeting. To 

accommodate as many speakers as 

possible, the time for public comments 

will be limited to two to five minutes 

per person (depending on number of 

public participants). Individuals 

wishing to reserve speaking time during 

the meeting must contact REEEAC DFO 

Cora Dickson using the contact 

information above and submit a brief 

statement of the general nature of the 

comments, as well as the name and 

address of the proposed participant, by 

5:00 p.m. EST on Friday, May 6, 2022. 

If the number of registrants requesting to 

make statements is greater than can be 

reasonably accommodated during the 

meeting, the International Trade 

Administration may conduct a lottery to 

determine the speakers. Speakers are 

requested to submit a copy of their oral 

comments by email to Cora Dickson for 

distribution to the participants in 

advance of the meeting. 

Any member of the public may 

submit written comments concerning 

the REEEAC’s affairs at any time before 

or after the meeting. Comments may be 

submitted via email to the Renewable 

Energy and Energy Efficiency Advisory 

Committee, c/o: Cora Dickson, DFO, 

Office of Energy and Environmental 

Industries, U.S. Department of 

Commerce; Cora.Dickson@trade.gov. To 

be considered during the meeting, 

public comments must be transmitted to 

the REEEAC prior to the meeting. As 

such, written comments must be 

received no later than 5:00 p.m. EST on 

Friday, May 6, 2022. Comments 

received after that date will be 

distributed to the members but may not 

be considered at the meeting. 

Copies of REEEAC meeting minutes 

will be available within 90 days 

following the meeting. 

Man K. Cho, 

Deputy Director, Office of Energy and 

Environmental Industries. 

[FR Doc. 2022–08987 Filed 4–26–22; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–427–833, A–421–815, A–455–806, A–469– 

825] 

Certain Preserved Mushrooms From 

France, the Netherlands, Poland, and 

Spain: Initiation of Less-Than-FairValue Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable April 20, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Andre Gziryan (France), Benjamin A. 

Smith (the Netherlands), Whitley 

Herndon (Poland), or Katherine Johnson 

(Spain), AD/CVD Operations, Offices I, 

III, V, and VIII, respectively, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2201, 

(202) 482–2181, (202) 482–6274, or 

(202) 482–4929, respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On March 31, 2022, the Department of 

Commerce (Commerce) received 

antidumping duty (AD) petitions 

concerning imports of certain preserved 

mushrooms (preserved mushrooms) 

from France, the Netherlands, Poland, 

and Spain filed in proper form on behalf 

of Giorgio Foods, Inc. (the petitioner), a 

domestic producer of preserved 

mushrooms.1

Between April 5 and 12, 2022, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions in separate 

supplemental questionnaires.2 The 

petitioner filed responses to the 

supplemental questionnaires on April 8 

and 13, 2022.3

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of preserved mushrooms from France, 

the Netherlands, Poland, and Spain are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV) within the meaning of section 

731 of the Act, and that imports of such 

products are materially injuring, or 

threatening material injury to, the 

preserved mushroom industry in the 

United States. Consistent with section 

732(b)(1) of the Act, the Petitions were 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

Commerce finds that the petitioner 

filed the Petitions 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 for the initiation of the 

requested LTFV investigations.4

Periods of Investigation 

Because the Petitions were filed on 

March 31, 2022, the period of 

investigation (POI) for these LTFV 

investigations is January 1, 2021, 

through December 31, 2021, pursuant to 

19 CFR 351.204(b)(1).5


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6See General Issues Questionnaire; see also April 

12, 2022 Memoranda. 

7See General Issues Supplement at 4 and Exhibit 

GEN–12. 

8See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

9See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

10See 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 help 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. 

11See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

(Temporary Rule). 12See section 771(10) of the Act. 

Scope of the Investigations 

The product covered by these 

investigations is preserved mushrooms 

from France, the Netherlands, Poland, 

and Spain. For a full description of the 

scope of these investigations, see the 

appendix to this notice. 

Comments on the Scope of the 

Investigations 

On April 5 and 12, 2022, Commerce 

requested further information and 

clarification from the petitioner 

regarding the proposed scope, to ensure 

that the scope language in the Petitions 

is an accurate reflection of the product 

for which the domestic industry is 

seeking relief.6 On April 8, 2022, the 

petitioner revised the scope.7 The 

description of the merchandise covered 

by these investigations, as described in 

the appendix to this notice, reflects 

these clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).8 Commerce will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determinations. If scope comments 

include factual information,9 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on 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 

comment deadline. 

Commerce requests that any factual 

information that parties consider 

relevant to the scope of these 

investigations be submitted during this 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of these 

investigations may be relevant, the party 

must contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed on the records of each of the 

concurrent AD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically via Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.10 An 

electronically-filed document must be 

received successfully in its entirety by 

the time and date on which it is due. 

Note that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information until further 

notice.11

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of preserved mushrooms to be reported 

in response to Commerce’s AD 

questionnaires. This information will be 

used to identify the key physical 

characteristics of the subject 

merchandise in order to report the 

relevant costs of production accurately, 

as well as to develop appropriate 

product comparison criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) General 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

preserved mushrooms, it may be that 

only a select few product characteristics 

take into account commercially 

meaningful physical characteristics. In 

addition, interested parties may 

comment on the order in which the 

physical characteristics should be used 

in matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on May 10, 

2022, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments must be filed by 5:00 

p.m. ET on May 20, 2022, which is ten 

calendar days from the initial comment 

deadline. All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of each 

of the LTFV investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(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 732(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,12 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 


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Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 24943 

13See 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)). 

14See Petitions at Volume I at 9–10. 

15For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Antidumping Duty 

Investigation Initiation Checklists: Certain 

Preserved Mushrooms from France, the 

Netherlands, Poland, and Spain (Country-Specific 

AD Initiation Checklists) at Attachment II, Analysis 

of Industry Support for the Antidumping Duty 

Petitions Covering Certain Preserved Mushrooms 

from France, the Netherlands, Poland, and Spain 

(Attachment II). These checklists are dated 

concurrently with this notice and on file 

electronically via ACCESS. 

16See Petitions at Volume I at 3–4. 

17 Id. at 4 and Exhibit GEN–1. 

18 Id. at 4. 

19 Id. at 2–4 and Exhibit GEN–1; see also General 

Issues Supplement at 4–5 and Exhibit GEN–13. 

20 Id. For further discussion, see Attachment II of 

the Country-Specific AD Initiation Checklists. 

21 Id.; see also section 732(c)(4)(D) of the Act. 

22See Attachment II of the Country-Specific AD 

Initiation Checklists. 

23 Id. 

24 Id. 

25See Petitions at Volume I at 11 and Exhibit 

GEN–7. 

26 Id. at 12–26 and Exhibits GEN–2 through GEN– 

4, and GEN–8 through GEN–10; see also General 

Issues Supplement at 5–6 and Exhibit GEN–14. 

27See Country-Specific AD Initiation Checklists 

at Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping Duty Petitions Covering Certain 

Preserved Mushrooms from France, Netherlands, 

Poland, and Spain (Attachment III). 

28See Country-Specific AD Initiation Checklists. 

29 Id. 

30 In accordance with section 773(b)(2) of the Act, 

for these investigations, Commerce will request 

information necessary to calculate the CV and COP 

to determine whether there are reasonable grounds 

to believe or suspect that sales of the foreign like 

product have been made at prices that represent 

less than the COP of the product. 

31See Country-Specific AD Initiation Checklists. 

32See Spain AD Initiation Checklist. 

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.13

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 

investigations.14 Based on our analysis 

of the information submitted on the 

record, we have determined that 

preserved mushrooms, as defined in the 

scope, constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.15

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided its own 2021 

production of the domestic like 

product.16 In addition, the petitioner 

estimated the 2021 production of Sunny 

Dell Foods, LLC, the other U.S. 

producer of the domestic like product in 

2021.17 The petitioner then compared 

its production to the total volume of 

preserved mushrooms produced by the 

U.S. industry.18 We relied on the data 

provided by the petitioner for purposes 

of measuring industry support.19

Our review of the data provided in the 

Petitions, the General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioner has established 

industry support for the Petitions.20

First, the Petitions 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).21 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.22 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for 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 Petitions.23 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.24

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.25

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant and 

increasing volume of subject imports; 

reduced market share, underselling and 

price depression and/or suppression; 

declining U.S. shipments; plant closures 

and layoffs; low capacity utilization; 

low operating income; lost sales and 

revenues; and weak financial 

performance.26 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.27

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

these LTFV investigations on imports of 

preserved mushrooms from France, the 

Netherlands, Poland, and Spain. The 

sources of data for the deductions and 

adjustments relating to U.S. price and 

normal value (NV) are discussed in 

greater detail in the country-specific AD 

initiation checklists. 

U.S. Price 

For France, the Netherlands, Poland, 

and Spain, the petitioner based export 

price (EP) on the average unit values of 

publicly available import data.28 To 

calculate an ex-factory, net EP, the 

petitioner then deducted expenses 

associated with inland freight incurred 

within each respective country.29

Normal Value 30

For France, the Netherlands, Poland, 

and Spain, the petitioner based normal 

value (NV) on home market prices 

obtained through market research for 

preserved mushrooms produced in and 

sold, or offered for sale, in each country 

during the applicable time period.31 For 

Spain, the petitioner provided 

information indicating that the home 

market prices it obtained through 

market research were below the cost of 

production (COP) and, therefore, the 

petitioner also calculated NV based on 

constructed value (CV).32 For further 


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33 Id. 34 Id. 35 Id. 36 Id. 37 Id. 38See Country-Specific AD Initiation Checklists. 

39See Petitions at Volume I at 8 and Exhibit 

GEN–5; see also General Issues Supplement at 2 

and Exhibit GEN–11. 

40See Memoranda, ‘‘Antidumping Duty Petition 

on Imports of Preserved Mushrooms from the 

Netherlands: Release of U.S. Customs and Border 

Protection Data,’’ dated April 18, 2022; 

‘‘Antidumping Duty Petition on Imports of 

Preserved Mushrooms from Poland: Release of U.S. 

Customs and Border Protection Data,’’ dated April 

18, 2022; ‘‘Antidumping Duty Petition on Imports 

of Preserved Mushrooms from Spain: Release of 

U.S. Customs and Border Protection Data,’’ dated 

April 18, 2022; and ‘‘Antidumping Duty Petition on 

Imports of Preserved Mushrooms from France: 

Release of U.S. Customs and Border Protection 

Data,’’ dated April 19, 2022. 

41See section 733(a) of the Act. 

42 Id. 

43See 19 CFR 351.301(b). 

discussion of CV, see the section 

‘‘Normal Value Based on Constructed 

Value.’’ 

Normal Value Based on Constructed 

Value 

As noted above, the petitioner 

provided information indicating that the 

prices charged for preserved mushrooms 

produced in and sold, or offered for 

sale, in Spain were below the COP; 

therefore, for Spain, the petitioner also 

calculated NV based on CV.33 Pursuant 

to section 773(e) of the Act, the 

petitioner calculated CV as the sum of 

the cost of manufacturing (COM); 

selling, general, and administrative 

expenses; financial expenses; and 

profit.34 In calculating the COM, the 

petitioner stated that it did not have 

access to the actual production costs in 

Spain of preserved mushrooms because 

such information is not publicly 

available.35 Therefore, the petitioner 

relied on its own production experience 

and input consumption rates, adjusted 

for known differences, and valued 

inputs using publicly available 

information on costs specific to Spain 

during the proposed POI.36 In 

calculating selling, general, and 

administrative expenses; financial 

expenses; and profit ratios, the 

petitioner relied on the financial 

statements of producers of preserved 

mushrooms or comparable merchandise 

in Spain.37

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of preserved mushrooms from 

France, the Netherlands, Poland, and 

Spain are being, or are likely to be, sold 

in the United States at LTFV. Based on 

comparisons of EP to NV in accordance 

with sections 772 and 773 of the Act, 

the estimated dumping margins for 

preserved mushrooms from each of the 

countries covered by this initiation are 

as follows: (1) France—124.41 percent 

to 360.88 percent; (2) the Netherlands— 

120.88 percent to 146.59 percent; (3) 

Poland—20.07 percent to 30.01 percent; 

and (4) Spain—17.21 percent to 156.59 

percent.38

Initiation of LTFV Investigations 

Based upon our examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating these LTFV investigations 

to determine whether imports of 

preserved mushrooms from France, the 

Netherlands, Poland, and Spain are 

being, or are likely to be, sold in the 

United States at LTFV. In accordance 

with section 733(b)(1)(A) of the Act and 

19 CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations no later than 140 days 

after the date of this initiation. 

Respondent Selection 

In the Petitions, the petitioner 

identified four companies in France, six 

companies in the Netherlands, five 

companies in Poland, and seven 

companies in Spain as producers and/ 

or exporters of preserved mushrooms.39

Following standard practice in LTFV 

investigations involving market 

economy countries, in the event that 

Commerce determines that the number 

of exporters or producers in any 

individual case is large such that it 

cannot individually examine each 

company based upon its resources, 

where appropriate, Commerce intends 

to select mandatory respondents in that 

case based on U.S. Customs and Border 

Protection (CBP) data for U.S. imports 

under the appropriate Harmonized 

Tariff Schedule of the United States 

subheadings listed in the ‘‘Scope of the 

Investigations,’’ in the appendix. 

On April 18 and 19, 2022, Commerce 

released CBP data on U.S. imports of 

preserved mushrooms from France, the 

Netherlands, Poland, and Spain under 

administrative protective order (APO) to 

all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

on the CBP data and/or respondent 

selection must do so within three 

business days after the publication date 

of the notice of initiation of these 

investigations.40 Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Comments on CBP data and 

respondent selection must be filed 

electronically using ACCESS. An 

electronically filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. 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. 

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of France, the 

Netherlands, Poland, and Spain via 

ACCESS. To the extent practicable, we 

will attempt to provide a copy of the 

public version of the Petitions to each 

exporter named in the Petitions, as 

provided under 19 CFR 351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of preserved mushrooms from France, 

the Netherlands, Poland, and Spain are 

materially injuring, or threatening 

material injury to, a U.S. industry.41 A 

negative ITC determination for any 

country will result in the investigation 

being terminated with respect to that 

country.42 Otherwise, these LTFV 

investigations 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). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 43 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 


lotter on DSK11XQN23PROD with NOTICES1
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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