New Antidumping Duty Petitions on Certain Preserved Mushrooms From France, Netherlands, Poland and Spain

Faegre Drinker Biddle & Reath LLP

On March 31, 2022, Giorgio Foods, Inc., (Petitioner) filed antidumping duty (AD) petitions on certain preserved mushrooms from France, Netherlands, Poland and Spain.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat of it) by reason of the dumped imports. Importers are liable for any potential duties imposed. In addition, these investigations could impact purchasers by increasing prices or decreasing supplies of certain preserved mushrooms.

Scope

Per the Petition

The merchandise covered by this investigation is certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under this investigation 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.

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.

Estimated Margins

The Petitioner alleges the following dumping margins exist:

  • France: ranging from 116.56% to 344.77%
  • Netherlands: ranging from 126.05% to 152.36%
  • Poland: ranging from 21.82% to 31.90%
  • Spain: ranging from 6.38% to 139.83%

Estimated Schedule of Investigations

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

  • March 31, 2022: Petitions are filed.
  • April 20, 2022: DOC initiates investigations.
  • April 21, 2022: ITC staff conference (estimated).
  • May 16, 2022: Deadline for ITC preliminary injury determination.
  • September 7, 2022: Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
  • October 27, 2022: Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
  • March 13, 2023: Deadline for DOC final AD determinations, if all deadlines are fully postponed.
  • April 27, 2023: Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

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Faegre Drinker Biddle & Reath LLP
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