ITC Investigation 731-TA-1587 is a U.S. International Trade Commission antidumping (AD) proceeding on Preserved Mushrooms from France, Netherlands, Poland, and Spain; Inv. No. 731-TA-1587-1590 (Final) from Spain, France, Poland, and Netherlands. It's in the final phase and currently in completed status. It links to AD/CVD case A-421-815 — see the linked order for the active deposit rate, scope text, and Federal Register citation.
Phase, parties, documents, and full text from USITC IDS
Preserved Mushrooms from France, Netherlands, Poland, and Spain; Inv. No. 731-TA-1587-1590 (Final)
ITC final injury determination completed.
Parties
Documents
Full text (255,307 chars)
=== Orders - AD - France === 3382 Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices 1 See Certain Preserved Mushrooms from France: Final Affirmative Determination of Sales at Less Estimate of Burden: Rural Development is requesting approval for one respondent and a one-hour place holder in order for OMB to issue a control number for these forms. The burden for each of the forms will be accounted for within the individual Rural Development program collection packages using the form(s). Respondents: Recipients of Rural Development Federal financial assistance, loan, and loan guarantee programs. Estimated Number of Responses per Respondent per Form in package: Form No. Responses per respondent 4280–2, 4280–4 .................... 1 Comments from interested parties are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record. Karama Neal, Administrator, Rural Business-Cooperative Service. [FR Doc. 2023–00937 Filed 1–18–23; 8:45 am] BILLING CODE 3410–XY–P COMMISSION ON CIVIL RIGHTS Notice of Public Meetings of the Mississippi Advisory Committee to the U.S. Commission on Civil Rights AGENCY : U.S. Commission on Civil Rights. ACTION : Announcement of meeting. SUMMARY : Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Mississippi Advisory Committee (Committee) will hold a meeting on Monday, January 23, 2023 at 12:00 p.m.–1:30 p.m. Central time. The Committee will hear from the litigants and defendants of the police abouse case the Committee is considering for study. DATES : The meeting will take place on Monday, January 23, 2022 at 12:00 p.m. Central Time. Public Call Information: Dial: 833– 435–1820, Confirmation Code: 160 106 3485. Join ZoomGov Meeting: https:// www.zoomgov.com/j/1601063485. FOR FURTHER INFORMATION CONTACT : David Barreras, DFO, at dbarreras@ usccr.gov or (312) 353–8311. SUPPLEMENTARY INFORMATION : Members of the public may listen to this discussion through the above call in number. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Individual who is deaf, deafblind and hard of hear hearing may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the conference call number and confirmation code. Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 230 S Dearborn, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353–8324, or emailed to Corrine Sanders at csanders@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Mississippi Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, http:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome and roll call II. Testimony from Litigants and Defendants III. Public comment IV. Next steps V. Adjournment Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given fewer than 15 calendar days prior to the meeting because of the exceptional circumstances of pending expiration of Committee member appointment terms. Dated: January 13, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2023–00976 Filed 1–18–23; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–833] Certain Preserved Mushrooms From France: Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty order on certain preserved mushrooms (preserved mushrooms) from France. DATES : Applicable January 19, 2023. FOR FURTHER INFORMATION CONTACT : Christopher Williams, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5166. SUPPLEMENTARY INFORMATION : Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on November 28, 2022, Commerce published its affirmative final determination in the less-than-fair-value (LTFV) investigation of preserved mushrooms from France. 1 VerDate Sep<11>2014 17:49 Jan 18, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 3383Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices Than Fair Value, 87 FR 72963 (November 28, 2022) (Final Determination). 2 See ITC’s Letter, Investigation No. 731–TA–1587 (Final), dated January 12, 2023. 3 See Certain Preserved Mushrooms from France: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 55997 (September 13, 2022) (Preliminary Determination). 4 Id. 5 See Final Determination. 6 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 7 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 8 Id. On January 12, 2023, the ITC notified Commerce of its final determination, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of preserved mushrooms from France. 2 Scope of the Order The product covered by this order is preserved mushrooms from France. For a complete description of the scope of the order, see the appendix to this notice. Antidumping Duty Order On January 12, 2023, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured by reason of imports of preserved mushrooms from France. Therefore, Commerce is issuing this antidumping duty order in accordance with sections 735(c)(2) and 736 of the Act. Because the ITC determined that imports of preserved mushrooms from France are materially injuring a U.S. industry, unliquidated entries of such merchandise from France, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of preserved mushrooms from France. Antidumping duties will be assessed on unliquidated entries of preserved mushrooms from France, entered, or withdrawn from warehouse, for consumption, on or after September 13, 2022, the date of publication of the Preliminary Determination, but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final injury determination, as further described below. 3 Continuation of Suspension of Liquidation and Cash Deposits In accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of preserved mushrooms from France which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination in the Federal Register. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts indicated below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the cash deposit rates listed in the table below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins for this antidumping order are as follows: Exporter/producer Weighted- average dumping margin (percent) Bonduelle Europe Long Life * 360.88 France Champignon ............. * 360.88 All-Others .............................. 224.68 * Rate based on adverse facts available. Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four- month period to no more than six months. Commerce’s Preliminary Determination was published on September 13, 2022. 4 Commerce’s Final Determination was not extended and was published on November 28, 2022.5 As such, the four-month period beginning on the date of publication of the Preliminary Determination ended on January 10, 2023. Therefore, in accordance with section 733(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of preserved mushrooms from France, entered or withdrawn from warehouse, for consumption after January 10, 2023, the date on which provisional measures expired, through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register. 6 On September 27, 2021, Commerce also published the notice titled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register. 7 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.8 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and VerDate Sep<11>2014 17:49 Jan 18, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 3384 Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Notices 9 This segment will be combined with the ACCESS Segment Specific Information (SSI) field, which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 10 See Final Rule, 86 FR at 52335. 1 See 19 U.S.C. 3538(b)(2). under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 9 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance, the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 10 Accordingly, as stated above, the petitioners and foreign governments should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the antidumping duty order with respect to preserved mushrooms from France pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https://www.trade.gov/data- visualization/adcvd-proceedings. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: January 12, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The merchandise covered by this order is certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under this order 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 this order 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 scope is dispositive. [FR Doc. 2023–00931 Filed 1–18–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–469–818] Ripe Olives From Spain: Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : On December 20, 2022, the U.S. Department of Commerce (Commerce) issued its final determination under section 129 of the Uruguay Round Agreements Act (URAA), regarding the countervailing duty (CVD) investigation of ripe olives from Spain. On January 12, 2023, the U.S. Trade Representative (USTR) directed Commerce to implement the section 129 final determination, which renders Commerce’s determinations in the CVD investigation not inconsistent with the World Trade Organization (WTO) dispute settlement findings in United States—Antidumping and Countervailing Duties on Ripe Olives from Spain, WT/DS577 (December 20, 2021) (DS577). As a result, Commerce is now implementing the section 129 final determination. DATES : Applicable January 12, 2023. FOR FURTHER INFORMATION CONTACT : Mary Kolberg or Dusten Hom, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1785 and (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION : Nature of the Proceeding Section 129 of the URAA governs the nature and effect of determinations issued by Commerce to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) of the URAA provides that ‘‘notwithstanding any provision of the Tariff Act of 1930,’’ upon a written request from USTR, Commerce shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. 1 The Statement of Administrative Action Accompanying the URAA, H.R. Doc. 103–316, Vol. 1 (1994) (SAA), variously refers to such a determination by Commerce as a ‘‘new,’’ ‘‘second,’’ and VerDate Sep<11>2014 17:49 Jan 18, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination - Final (1) === 2971Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 72963 (November 28, 2022). INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1587 (Final)] Certain Preserved Mushrooms From France Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of certain preserved mushrooms from France, provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 Background The Commission instituted this investigation effective March 31, 2022, following receipt of petitions filed with the Commission and Commerce by Giorgio Foods, Inc., Blandon, Pennsylvania. The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of certain preserved mushrooms from France were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 21, 2022 (87 FR 57717). The Commission conducted its hearing on November 17, 2022. All persons who requested the opportunity were permitted to participate. The Commission made this determination pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determination in this investigation on January 12, 2023. The views of the Commission are contained in USITC Publication 5393 (January 2023), entitled Certain Preserved Mushrooms from France: Investigation No. 731–TA–1587 (Final). By order of the Commission. Issued: January 12, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00862 Filed 1–17–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–23–004] Sunshine Act Meetings AGENCY HOLDING THE MEETING : United States International Trade Commission. TIME AND DATE : January 20, 2023 at 9:30 a.m. PLACE : Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS : Open to the public. MATTERS TO BE CONSIDERED : 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. Nos. 701– TA–562 and 731–TA–1329 (Review)(Ammonium Sulfate from China). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 8, 2023. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION : Tyrell Burch, Management Analyst, 202–205–2595. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: January 13, 2023. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2023–00935 Filed 1–13–23; 11:15 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs Proposed Renewal of the Approval of Information Collection Requirements; Comment Request AGENCY : Office of Federal Contract Compliance Programs, Labor. ACTION : Notice. SUMMARY : The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA). The program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Office of Federal Contract Compliance Programs (OFCCP) is soliciting comments concerning its proposal to obtain approval from the Office of Management and Budget (OMB) for renewal of the information collection for its complaint program. OFCCP is requesting OMB approval for two information collection instruments: revisions to the existing ‘‘Form CC–4, Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor’’ (Form CC–4) and a new instrument, ‘‘Form CC–390 Pre- Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor’’ (Form CC– 390). The current OMB approval for Form CC–4 expires on May 31, 2023. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this notice or by accessing it at www.regulations.gov. DATES : Written comments must be submitted to the office listed in the addresses section below on or before March 20, 2023. ADDRESSES : You may submit comments by any of the following methods: Electronic comments: The federal eRulemaking portal at www.regulations.gov. Follow the instructions found on that website for submitting comments. Mail, Hand Delivery, Courier: Addressed to Tina T. Williams, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C–3325, Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. For faster submission, we encourage commenters to transmit their comment electronically via the www.regulations.gov website. Comments that are mailed to the address provided above must be postmarked before the close of the comment period. All submissions must VerDate Sep<11>2014 17:41 Jan 17, 2023 Jkt 259001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination - Final (2) === 31522 Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 88 FR 18115, 88 FR 18118, and 88 FR 18120 (March 27, 2023). no later than the close of business on June 1, 2023. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (Inv. No. 337–TA–1291) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non- confidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on May 11, 2023. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: May 11, 2023. Katherine Hiner, Supervisory Attorney. [FR Doc. 2023–10477 Filed 5–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1588–1590 (Final)] Certain Preserved Mushrooms From the Netherlands, Poland, and Spain Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of certain preserved mushrooms from the Netherlands, Poland, and Spain, provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’). 2 Background The Commission instituted these investigations effective March 31, 2022, following receipt of petitions filed with the Commission and Commerce by Giorgio Foods, Inc., Blandon, Pennsylvania. The Commission established a general schedule for the conduct of the final phase of its investigations on certain preserved mushrooms, following a preliminary determination by Commerce that imports of certain preserved mushrooms from France were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of September 21, 2022 (87 FR 57717). The Commission conducted its hearing on November 17, 2022. All persons who requested the opportunity were permitted to participate. The investigations schedules became staggered when Commerce did not postpone the final determination for its antidumping duty investigation of certain preserved mushrooms from France, while it did postpone the final determinations for its antidumping duty investigations of certain preserved mushrooms from the Netherlands, Poland, and Spain. On January 12, 2023, the Commission issued a final affirmative determination in its antidumping duty investigation of certain preserved mushrooms from France (88 FR 2971, January 18, 2023). Following notification of a final determination by Commerce that imports of certain preserved mushrooms from the Netherlands, Poland, and Spain were being sold at LTFV within the meaning of section 735(a) of the Act (19 U.S.C. 1673d(a)), notice of the supplemental scheduling of the final phase of the Commission’s antidumping duty investigations was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 5, 2023 (88 FR 20187). The Commission made these determinations pursuant to § 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on May 11, 2023. The views of the Commission are contained in USITC Publication 5419 (May 2023), entitled Certain Preserved Mushrooms from the Netherlands, Poland, and Spain: Investigation Nos. 731–TA–1588–1590 (Final). By order of the Commission. Issued: May 11, 2023. Katherine Hiner, Supervisory Attorney. [FR Doc. 2023–10439 Filed 5–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1292] Certain Replacement Automotive Lamps II; Notice of Commission Determination To Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding; Extension of the Target Date AGENCY : International Trade Commission. ACTION : Notice. SUMMARY : Notice is hereby given that the U.S. International Trade VerDate Sep<11>2014 18:34 May 16, 2023 Jkt 259001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling (2) === 20187Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices Issued: March 30, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–07023 Filed 4–4–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1588–1590 (Final)] Certain Preserved Mushrooms From the Netherlands, Poland, and Spain; Supplemental Schedule for the Final Phase of Anti-Dumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. DATES : March 27, 2023. FOR FURTHER INFORMATION CONTACT : Kristina Lara ((202) 205–3386), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective September 15, 2022, the Commission established a general schedule for the conduct of the final phase of its antidumping duty investigations on certain preserved mushrooms from France, the Netherlands, Poland, and Spain (87 FR 57717, September 21, 2022), following a preliminary determination by the U.S. Department of Commerce (‘‘Commerce’’) that imports of certain preserved mushrooms from France were being sold at less than fair value (‘‘LTFV’’) (87 FR 55997, September 13, 2022). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on September 21, 2022 (87 FR 57717). The Commission conducted its hearing on November 17, 2022. All persons who requested the opportunity were permitted to participate. Commerce issued a final affirmative antidumping duty determination with respect to certain preserved mushrooms from France (87 FR 72963, November 28, 2022). The Commission subsequently issued its final determination that an industry in the United States was materially injured by reason of imports of certain preserved mushrooms from France provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) (88 FR 2971, January 18, 2023). Commerce issued final affirmative antidumping duty determinations with respect to imports of certain preserved mushrooms from the Netherlands, Poland, and Spain (88 FR 18115, 88 FR 18118, and 88 FR 18120, March 27, 2023). Accordingly, the Commission currently is issuing a supplemental schedule for its antidumping duty investigations on imports of certain preserved mushrooms from the Netherlands, Poland, and Spain. This supplemental schedule is as follows: the deadline for filing supplemental party comments on Commerce’s final antidumping duty determinations is April 7, 2023. Supplemental party comments may address only Commerce’s final antidumping duty determinations regarding imports of certain preserved mushrooms from the Netherlands, Poland, and Spain. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length. The supplemental staff report in the final phase of the current investigations will be placed in the nonpublic record on April 20, and a public version will be issued thereafter. For further information concerning this proceeding see the Commission’s notices cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: March 30, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–07022 Filed 4–4–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110–0052] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Identity History Summary Request Form (1– 783) AGENCY : Criminal Justice Information Services Division, Federal Bureau of Investigation, Department of Justice. ACTION : 60-Day notice. SUMMARY : Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Criminal Justice Information Services (CJIS) Division will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES : The DOJ encourages public comment and will accept input until June 5, 2023. FOR FURTHER INFORMATION CONTACT : If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Larry E. Cotton-Zinn, Management and Program Analyst, FBI, CJIS, Criminal History Information and Policy Unit, BTC–3, 1000 Custer Hollow Road; VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\05APN1.SGM 05APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Netherlands === 18115Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 1 See Certain Preserved Mushrooms from the Netherlands: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66265 (November 3, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Antidumping Duty Determination in the Less-Than- Fair-Value Investigation of Certain Preserved Mushrooms from the Netherlands,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Preliminary Determination, 87 FR at 66266, and PDM at 6–10. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–56–2022] Foreign-Trade Zone (FTZ) 219; Authorization of Production Activity; Barco Stamping Co. Inc.; (Stamped Metal Products); Yuma, Arizona On November 22, 2022, the Greater Yuma Economic Development Corporation, grantee of FTZ 219, submitted a notification of proposed production activity to the FTZ Board on behalf of Barco Stamping Co. Inc., within Subzone 219B, in Yuma, Arizona. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 73285, November 29, 2022). On March 22, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: March 22, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–06269 Filed 3–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–421–815] Certain Preserved Mushrooms From the Netherlands: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain preserved mushrooms (preserved mushrooms) from the Netherlands are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021. DATES : Applicable March 27, 2023. FOR FURTHER INFORMATION CONTACT : Alex Cipolla or Benjamin A. Smith, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956 or (202) 482–2181, respectively. SUPPLEMENTARY INFORMATION : Background On November 3, 2022, Commerce published in the Federal Register its Preliminary Determination in the LTFV investigation of preserved mushrooms from the Netherlands, in which it also postponed the final determination until March 20, 2023. 1 Commerce invited interested parties to comment on the Preliminary Determination. For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are preserved mushrooms from the Netherlands. For a complete description of the scope of this investigation, see Appendix I. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, Commerce conducted on-site verifications of the third-country sales, U.S. sales, and cost of production responses submitted by Prochamp B.V. (Prochamp). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes From the Preliminary Determination We have made certain changes to the margin calculations for Prochamp since the Preliminary Determination. See the Issues and Decision Memorandum for a discussion of these changes. Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned an estimated weighted-average dumping margin on the basis of facts available with an adverse inference (AFA) to Okechamp B.V. (Okechamp) pursuant to sections 776(a) and (b) of the Act.3 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Okechamp. In applying AFA, we are assigning the highest rate alleged in the petition as the estimated weighted-average dumping margin to Okechamp. Because this AFA rate is derived from the petition and, consequently, is based upon secondary information, Commerce must corroborate the rate to the extent practicable, pursuant to section 776(c) of the Act. Because we calculated a zero percent margin for Prochamp, the sole mandatory respondent with a calculated an estimated weighted-average dumping margin in this investigation, and Prochamp’s margin calculation does not otherwise provide transaction-specific dumping margins for the purposes of comparison, we are unable to corroborate the highest dumping margin alleged in the petition using information from a mandatory respondent in this investigation. Thus, for purposes of corroboration, we examined evidence supporting the calculations of the highest dumping margin alleged in the petition. As is Commerce’s practice, during the LTFV investigation pre- initiation analysis, we examined: (1) the information used as the basis for export price and normal value in the petition; (2) the calculations used to derive the alleged margin; and (3) information from various independent sources VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 18116 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 4 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391 (November 6, 1996); Prestressed Concrete Steel Wire Strand from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Negative Preliminary Determination of Critical Circumstances, 85 FR 61726 (September 30, 2020), and accompanying PDM at 6–7, unchanged in Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, the Republic of Turkey, and the United Arab Emirates: Final Affirmative Determinations of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances, in Part, 85 FR 80001 (December 11, 2020). 5 See Certain Preserved Mushrooms from France, the Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice) and accompanying Antidumping Duty Investigation Initiation Checklist, ‘‘Certain Preserved Mushrooms from the Netherlands,’’ dated April 20, 2022 (Initiation Checklist). 6 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); and Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). 7 See ‘‘All Others Rate’’ section, supra; see also Initiation Notice, 87 FR at 24944, and the Initiation Checklist. The margins alleged in the Petition were 120.88, 131.45, and 146.59 percent. provided in the petition.4 We determine that the highest dumping margin alleged in the petition of 146.59 percent is reliable, where, to the extent appropriate information was available, we reviewed the adequacy and accuracy of the information in the petition as reflected in the Initiation Checklist from the investigation. 5 In addition, we obtained no other information that would cause us to question the validity of the information supporting the relevance or reliability of the petition rate. Accordingly, because we corroborated the highest dumping margin alleged in the petition to the extent practicable within the meaning of section 776(c) of the Act, we find the 146.59 percent rate to be both reliable and relevant and, accordingly, that it has probative value. Therefore, we assigned this rate to Okechamp as AFA. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually examined shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce did not calculate estimated weighted- average dumping margins for mandatory respondents Prochamp or Okechamp that are not zero, de minimis, or based entirely on facts otherwise available. Pursuant to section 735(c)(5)(B) of the Act, Commerce’s normal practice under these circumstances is to calculate the all-others rate as a simple average of the dumping margin(s) alleged in the petition. 6 Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the POI: Exporter or producer Weighted- average dumping margin (percent) Okechamp B.V ........................... 146.59 Prochamp B.V ............................ 0.00 All Others .................................... 7 132.97 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of preserved mushrooms from the Netherlands, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after November 3, 2022, the date of publication of the Preliminary Determination of this investigation in the Federal Register, with the exception of entries of subject merchandise that were produced and exported by Prochamp. Because the estimated weighted-average dumping margin for Prochamp is zero, entries of shipments of subject merchandise produced and exported by Prochamp will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP to not suspend merchandise produced and exported by Prochamp. However, entries of subject merchandise in any other producer/exporter combination, e.g., merchandise produced by a third party and exported by Prochamp, or produced by Prochamp and exported by a third party, are subject to the cash deposit requirements at the all-others rate. Furthermore, other than for entries produced and exported by Prochamp, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries as follows: (1) the cash deposit rate for the respondents listed in the table above will be equal to the company-specific estimated weighted- average dumping margins determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of preserved mushrooms from the Netherlands no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 18117Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 1 See Alloy and Certain Carbon Steel Threaded Rod from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2021–2022, 87 FR 78640 (December 22, 2022) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Alloy and Certain Carbon Steel Threaded Rod from the People’s Republic of China: Antidumping Duty Order, 85 FR 19929 (April 9, 2020) (Order). 3 Preliminary Results PDM. terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, other than those produced and exported by Prochamp, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: March 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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. 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 this investigation 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Discussion of the Issues Comment 1: Application of Adverse Facts Available to Okechamp Comment 2: Rejection of Okechamp’s Untimely Submission of the Auditors’ Opinion Comment 3: Decision To Not Verify Okechamp Comment 4: Okechamp’s Cost of Production Information Comment 5: Okechamp’s Sales Data Comment 6: Application of Adverse Facts Available to Prochamp Comment 7: Prochamp’s Financial Reporting Comment 8: Calculation Basis of Prochamp’s Cost of Production Costs Comment 9: Prochamp’s Third-Country Sales Reporting Comment 10: Prochamp’s Reporting of Control Numbers Comment 11: Prochamp’s Reporting of Date of Sale Comment 12: Prochamp’s Reporting of Certain Separately-Negotiated U.S. Freight Revenues Comment 13: Prochamp’s Reporting of U.S. Gross Unit Prices Inclusive of Separately Negotiated Revenues Comment 14: Accuracy of Prochamp’s Reporting of Certain U.S. Freight Costs Comment 15: Prochamp’s Reporting of Shipment Dates and Credit Expenses Comment 16: Commerce’s Selection of the Third Country Market V. Recommendation [FR Doc. 2023–06185 Filed 3–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–104] Alloy and Certain Carbon Steel Threaded Rod From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2021–2022 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that the sole mandatory respondent subject to the administrative review of alloy and certain carbon steel threaded rod (threaded rod) from the People’s Republic of China (China) covering the period of review (POR) April 1, 2021, through March 31, 2022, is not eligible for a separate rate and is, thus, part of the China-wide entity. DATES : Applicable March 27, 2023. FOR FURTHER INFORMATION CONTACT : Allison Hollander, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2805. SUPPLEMENTARY INFORMATION : Background On April 21, 2020, Commerce published in the Federal Register the preliminary results of the 2021–2022 administrative review 1 of the antidumping duty order on threaded rod from China.2 We invited interested parties to comment on the Preliminary Results. No interested parties submitted comments. Accordingly, Commerce made no changes to the Preliminary Results. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by this Order are threaded rod. A full description of the scope of the Order is provided in the Preliminary Decision Memorandum.3 Final Results of Administrative Review We received no comments and made no changes to the Preliminary Results. We continue to find that the sole mandatory respondent, Ningbo Dongxin High-Strength Nut Co., Ltd. (Ningbo Dongxin), is not eligible for a separate rate and is, thus, part of the China-wide entity. In this administrative review, no party requested a review of the China- wide entity, and Commerce did not self- initiate a review of the China-wide entity. Because no review of the China- wide entity is being conducted, the China-wide entity rate is not subject to change as a result of this review. The VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Spain === 66262 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 5 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 6 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 7 Id. 8 This segment will be combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 9 See Final Rule, 86 FR 52335. Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published a notice titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register. 5 On September 27, 2021, Commerce published a notice titled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register. 6 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.7 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 8 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance in the annual inquiry service list segment in ACCESS for the order within 30 days after the date of publication of the order in the Federal Register. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance, the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published in the Federal Register. Commerce may update an annual inquiry service list at any time, as needed, based on interested parties’ amendments to their entries of appearance to remove, or otherwise modify, their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 9 Accordingly, as stated above, the petitioners and foreign governments should submit their initial entry of appearance after publication of this notice in the Federal Register in order to appear in the first annual inquiry service list for those orders for which they qualify as an interested party. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the antidumping duty order with respect to sodium nitrite from Russia, pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at https:// enforcement.trade.gov/stats/ iastats1.html. This antidumping duty order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: October 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The product covered by this order is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by this order may or may not contain an anti- caking agent. Examples of names commonly used to reference sodium nitrite are nitrous acid, sodium salt, anti-rust, diazotizing salts, erinitrit, and filmerine. Sodium nitrite’s chemical composition is NaNO2, and it is generally classified under subheading 2834.10.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). The American Chemical Society Chemical Abstract Service (CAS) has assigned the name ‘‘sodium nitrite’’ to sodium nitrite. The CAS registry number is 7632–00–0. For purposes of the scope of this order, the narrative description is dispositive, not the tariff heading, CAS registry number, or CAS name, which are provided for convenience and customs purposes. [FR Doc. 2022–24021 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–825] Certain Preserved Mushrooms From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain preserved mushrooms (preserved mushrooms) from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Samantha Kinney or Katherine Johnson, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66263Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See Certain Preserved Mushrooms from France, the Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice). 2 See Certain Preserved Mushrooms from the Netherlands, Poland, and Spain: Postponement of Preliminary Determinations in the Less-Than-Fair- Value Investigations, 87 FR 50290 (August 16, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Preserved Mushrooms from Spain,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 87 FR at 24942. DC 20230; telephone: (202) 482–2285 or (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 27, 2022. 1 On August 16, 2022, Commerce postponed the preliminary determination of this investigation until October 27, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are preserved mushrooms from Spain. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations, 4 we set aside a period of time, as stated in the Initiation Notice, for parties to raise issues regarding product coverage (i.e., scope). 5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not modifying the scope language as it appeared in the Initiation Notice. See the complete description of the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. In addition, Commerce has relied on facts available with an adverse inference in determining a weighted-average dumping margin for Riberebro Integral S.A.U. (Riberebro), under sections 776(a) and (b) of the Act, because Riberebro failed to cooperate by not acting to the best of its ability to comply with Commerce’s request for information in this investigation. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Eurochamp S.A.T. (Eurochamp), the only individually examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Eurochamp is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist during the period January 1, 2021, through December 31, 2021: Producer/exporter Estimated weighted- average dumping margin (percent) Eurochamp S.A.T ....................... 10.28 Riberebro Integral S.A.U ............ 40.07 All Others .................................... 10.28 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Because Riberebro did not provide information requested by Commerce, and Commerce preliminarily determines this respondent to have been uncooperative, we will not conduct verification of Riberebro. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66264 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 6 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 7 Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 8 See Eurochamp’s Letter, ‘‘Request to Extend the Final Determination,’’ dated October 6, 2022. 9 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated October 10, 2022. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.6 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 6, 2022, pursuant to 19 CFR 351.210(e), Eurochamp requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. 8 On October 10, 2022, Giorgio Foods, Inc. (the petitioner) requested that, pursuant to 19 CFR 351.210(e), Commerce postpone the final determination in the event of a negative preliminary determination.9 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: October 27, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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. 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 this investigation 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inference V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2022–23923 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–889] Dioctyl Terephthalate From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on dioctyl terephthalate (DOTP) from the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Poland === 66273Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See Certain Preserved Mushrooms from France, the Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice). 2 See Certain Preserved Mushrooms from the Netherlands, Poland, and Spain: Postponement of Preliminary Determinations in the Less-Than-Fair- Value Investigations, 87 FR 50290 (August 16, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Preserved Mushrooms from Poland,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 87 FR at 24942. Membership remains the same following this amendment: 1. Akulurak LLC, Seattle, WA; 2. Alaskan Leader Fisheries LLC, Lynden, WA; 3. Alaskan Leader Seafoods LLC, Lynden, WA; 4. Alaskan Leader Vessel LLC, Lynden, WA; 5. Aleutian Longline, LLC, Seattle, WA; 6. Aleutian Spray Fisheries, Inc., Seattle, WA; 7. Beauty Bay Washington, LLC, Bothell, WA; 8. Bering Leader Fisheries LLC, Lynden, WA; 9. Bristol Leader Fisheries LLC, Lynden, WA; 10. Bristol Wave Seafoods, LLC, Seattle, WA; 11. Coastal Alaska Premier Seafoods, LLC, Anchorage, AK; 12. Coastal Villages Longline LLC, Anchorage, AK; 13. Deep Sea Fisheries, Inc., Everett, WA; 14. Gulf Mist, Inc., Everett, WA; 15. Gulf Prowler, LLC, Juneau, AK; 16. Kodiak Leader Fisheries LLC, Lynden, WA; 17. Northern Leader Fisheries LLC, Lynden, WA; 18. Romanzof Fishing Company, L.L.C., Seattle, WA; 19. Shelford’s Boat, Ltd., Mill Creek, WA; 20. Siu Alaska Corporation, Anchorage, AK; 21. Starfish Reverse, LLC, Seattle, WA; 22. Tatoosh Seafoods, LLC, Kingston, WA. Dated: October 28, 2022. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce. [FR Doc. 2022–23859 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–455–806] Certain Preserved Mushrooms From Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain preserved mushrooms (preserved mushrooms) from Poland are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Eliza DeLong, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3878. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 27, 2022. 1 On August 16, 2022, Commerce postponed the preliminary determination of this investigation until October 27, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are preserved mushrooms from Poland. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations, 4 we set aside a period of time, as stated in the Initiation Notice, for parties to raise issues regarding product coverage (i.e., scope). 5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not modifying the scope language as it appeared in the Initiation Notice. See the complete description of the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. In addition, Commerce has relied on facts available with an adverse inference in determining a weighted-average dumping margin for Bonduelle Polska- UL.Michala (Bonduelle Michala) and Bonduelle Polska SA (Bonduelle Polska), under sections 776(a) and (b) of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Okechamp S.A. (Okechamp), the only individually examined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Okechamp is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66274 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 6 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 8 See Okechamp’s Letter, ‘‘Request to Extend the Final Determination,’’ dated October 6, 2022. 9 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated October 10, 2022. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer/exporter Estimated weighted- average dumping margin (percent) Okechamp S.A ........................... 23.43 Bonduelle Polska-UL.Michala ..... 30.01 Bonduelle Polska SA .................. 30.01 All Others .................................... 23.43 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Because Bonduelle Michala and Bonduelle Polska did not provide information requested by Commerce, and Commerce preliminarily determines both respondents to have been uncooperative, we will not conduct verification of Bonduelle Michala and Bonduelle Polska. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.6 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 6, 2022, pursuant to 19 CFR 351.210(e), Okechamp requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months. 8 On October 10, 2022, Giorgio Foods, Inc. (the petitioner) requested that, pursuant to 19 CFR 351.210(e), Commerce postpone the final determination in the event of a negative preliminary determination.9 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66275Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). Dated: October 27, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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 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 this investigation 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available and Use of Adverse Inference V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2022–23921 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with September anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION : Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders with September anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales With respect to antidumping administrative reviews, if a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https:// access.trade.gov, in accordance with 19 CFR 351.303. 1 Such submissions are subject to verification, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on Commerce’s service list. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the POR. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments. In the event Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act, the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (e.g., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this AD proceeding (e.g., investigation, administrative review, new shipper review, or changed circumstances review). For any company subject to this review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (Q&V) Questionnaire for purposes of respondent selection, in general, each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where Commerce considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted. VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - France === 72963Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Notices 1 See Certain Preserved Mushrooms from France: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 55997 (September 13, 2022) (Preliminary Determination). 2 See European Commission’s Letter, ‘‘Comment on the Preliminary Determination Regarding the Antidumping Duty Investigation on Preserved Mushrooms from France (A–427–833),’’ dated October 11, 2022 (European Commission Comments). 3 See Petitioner’s Letter, ‘‘Less Than Fair Value Investigation of Certain Preserved Mushrooms from France—Petitioner’s Comments in Lieu of Case Brief,’’ dated October 13, 2022 (Petitioner’s Comments). 4 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Preserved Mushrooms from France,’’ dated concurrently with this notice. 5 See Preliminary Determination, 85 FR at 83060. be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken in account the needs of the diverse groups served by USDA, membership shall include to the extent possible, individuals with demonstrated ability to represent minorities, women, and person with disabilities. USDA is an equal opportunity provider, employer, and lender. Dated: November 22, 2022. Cikena Reid, USDA Committee Management Officer. [FR Doc. 2022–25845 Filed 11–25–22; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–203–2022] Foreign-Trade Zone 222—Montgomery, Alabama, Application for Subzone, Jo- Ann Stores, LLC, Opelika, Alabama An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Montgomery Area Chamber of Commerce, grantee of FTZ 222, requesting subzone status for the facility of Jo-Ann Stores LLC (Jo-Ann Stores), located in Opelika, Alabama. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on November 21, 2022. The proposed subzone (30 acres) is located at 3101 Anderson Road, Opelika, Alabama. No authorization for production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 222. In accordance with the FTZ Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is January 9, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to January 23, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov. Dated: November 21, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–25806 Filed 11–25–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–833] Certain Preserved Mushrooms From France: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain preserved mushrooms (preserved mushrooms) from France are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES : Applicable November 28, 2022. FOR FURTHER INFORMATION CONTACT : Christopher Williams, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5166. SUPPLEMENTARY INFORMATION : Background On September 13, 2022, Commerce published in the Federal Register the Preliminary Determination.1 We invited interested parties to comment on the Preliminary Determination. We received comments on the Preliminary Determination from the European Commission 2 and Giorgio Foods, Inc. (the petitioner), a domestic producer of preserved mushrooms. 3 Period of Investigation The period of investigation is January 1, 2021, through December 31, 2021. Scope of the Investigation The products covered by this investigation are preserved mushrooms from France. For a full description of the scope of this investigation, see Appendix I. Analysis of Comments Received The sole issue raised in comments that were submitted by parties in this investigation is addressed in the Issues and Decision Memorandum. 4 A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Use of Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned to the mandatory respondents in this investigation, Bonduelle Europe Long Life and France Champignon, estimated weighted-average dumping margins on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act).5 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Bonduelle Europe Long Life and France Champignon. In applying AFA, we are assigning Bonduelle Europe Long Life and France Champignon the highest margin identified in the petition, 360.88 percent. Changes Since the Preliminary Determination Based on the analysis of comments received, we made no changes for the final determination. VerDate Sep<11>2014 19:33 Nov 25, 2022 Jkt 259001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\28NON1.SGM 28NON1 khammond on DSKJM1Z7X2PROD with NOTICES 72964 Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Notices 6 Id. All-Others Rate As discussed in the Preliminary Determination, Commerce based the all- others rate on the simple average of the dumping margins alleged in the petition, in accordance with section 735(c)(5)(B) of the Act.6 We made no changes to the selection of the all-others rate for the final determination. Final Determination The final estimated weighted-average dumping margins are as follows: Producer or exporter Estimated weighted- average dumping margin (percent) Bonduelle Europe Long Life 360.88 France Champignon ............. 360.88 All Others .............................. 224.68 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination, in accordance with 19 CFR 351.224(b). However, because Commerce applied AFA to both mandatory respondents in this investigation, there are no calculations to disclose. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of preserved mushrooms from France, as described in Appendix I to this notice, entered, or withdrawn from warehouse, for consumption on or after September 13, 2022, the date of publication of Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company- specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted- average dumping margin. These suspension-of-liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of preserved mushrooms from France no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: November 21, 2022. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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. 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 this investigation 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Discussion of the Issue Comment: Whether Commerce Should Assign the Highest Petition Margin as Adverse Facts Available (AFA) V. Recommendation [FR Doc. 2022–25912 Filed 11–25–22; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:33 Nov 25, 2022 Jkt 259001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\28NON1.SGM 28NON1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - France === 55997Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices 12 Hung Vuong Group is a single entity comprised of the following individual companies: (1) An Giang Fisheries Import and Export Joint Stock Company (also known as Agifish, AnGiang Fisheries Import and Export, An Giang Fisheries Import & Export Joint Stock Company); (2) Asia Pangasius Company Limited (also known as ASIA); (3) Hung Vuong Ben Tre Seafood Processing Company Limited (also known as Ben Tre, HVBT, or HVBT Seafood Processing VBT, or HVBT Seafood Processing); (4) Europe Joint Stock Company (also known as Europe JSC or EJS CO.); (5) Hung Vuong Corporation (also known as HVC, HV Corp. or Hung Vuong Joint Stock Company); (6) Hung Vuong-Sa Dec Co., Ltd. (also known as Hung Vuong Sa Dec Company Limited); (7) Hung Vuong-Vinh Long Co. Ltd. (also known as Hung Vuong Vinh Long Company Limited); and (8) Hung Vuong Mascato Company Limited. 13 QVD is a single entity that also includes QVD Dong Thap Food Co., Ltd. (also known as Dong Thap or QVD DT) and Thuan Hung Co., Ltd. (also known as THUFICO). 1 See Certain Preserved Mushrooms from France, the Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Continued rates for the 15 companies in Appendix II will remain unchanged from the rates assigned to them in the most recently- completed segment for each company, as applicable; (2) for previously investigated or reviewed Vietnamese and non-Vietnamese exporters that maintain their eligibility for a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the most recently- completed segment of this proceeding; (3) for all Vietnamese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be $2.39 per kilogram, the rate established for the Vietnam-wide entity; and (4) for all non- Vietnamese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnamese exporters that supplied that non- Vietnamese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(l) and 777(i) of the Act, and 19 CFR 351.213(h). Dated: September 7, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issue Comment: Commerce Should Ensure that All Subject Merchandise Is Subject to the Appropriate Duties V. Recommendation Appendix II Companies With No Shipments During the POR 1. C.P. Vietnam Corporation 2. CAFATEX Corporation (also known as Cafatex) 3. Dai Thanh Seafoods Company Limited (also known as DATHACO, Dai Thanh Seafoods or Dai Thanh Seafoods Co., Ltd.) 4. Fatifish Company Limited (also known as FATIFISH or FATIFISHCO) 5. GODACO Seafood Joint Stock Company (also known as GODACO, GODACO Seafood, GODACO SEAFOOD, GODACO_SEAFOOD, or GODACO Seafood J.S.C.) 6. Golden Quality Seafood Corporation (also known as Golden Quality, GoldenQuality, GOLDENQUALITY, or GoldenQuality Seafood Corporation) 7. Green Farms Seafood Joint Stock Company (also known as Green Farms, Green Farms Seafood JSC, GreenFarm SeaFoods Joint Stock Company, or Green Farms Seafoods Joint Stock Company) 8. Hai Huong Seafood Joint Stock Company (also known as HHFish, HH Fish, or Hai Huong Seafood) 9. Hung Vuong Group 12 10. Nam Viet Corporation (also known as NAVICO) 11. QVD Food Company Ltd. (aka QVD, QVD Food Co., Ltd., or QVD Aquaculture) 13 12. Southern Fishery Industries Company, Ltd. (also known as South Vina, South Vina Co., Ltd., Southern Fishery Industries Co., Ltd., Southern Fisheries Industries Company, Ltd., or Southern Fisheries Industries Company Limited) 13. To Chau Joint Stock Company (also known as TOCHAU, TOCHAU JSC, or TOCHAU Joint Stock Company) 14. Viet Hai Seafood Company Limited (also known as Viet Hai, Viet Hai Seafood Co., Ltd., Viet Hai Seafood Co., Vietnam Fish- One Co., Ltd., or Fish One) 15. Vinh Quang Fisheries Corporation (also known as Vinh Quang, Vinh Quang Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh Quang Fisheries Co., Ltd.) [FR Doc. 2022–19773 Filed 9–12–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–833] Certain Preserved Mushrooms From France: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain preserved mushrooms (preserved mushrooms) from France are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable September 13, 2022. FOR FURTHER INFORMATION CONTACT : Christopher Williams, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5166. SUPPLEMENTARY INFORMATION : Background Commerce initiated this investigation on April 20, 2022. 1 Bonduelle Europe Long Life (Bonduelle) and France Champignon are the mandatory respondents in this investigation. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics VerDate Sep<11>2014 17:30 Sep 12, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1 jspears on DSK121TN23PROD with NOTICES 55998 Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices Less-Than-Fair-Value Investigation of Certain Preserved Mushrooms from France,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 4 See Initiation Notice, 87 FR at 24942. 5 See, e.g., Thermal Paper from Spain: Final Determination of Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30, 2021), and accompanying Issues and Decision Memorandum. 6 See Petitioner’s Letter, ‘‘Certain Preserved Mushrooms from France, the Netherlands, Poland, and Spain—Petition for the Imposition of Antidumping Duties,’’ dated March 31, 2022 (Petitions), at Volume II; see also Checklist, ‘‘AD Investigation Initiation Checklist: Certain Preserved Mushrooms from France,’’ dated April 20, 2022 (Initiation Checklist); and Petitioner’s Letter, ‘‘Certain Preserved Mushrooms from France, Netherlands, Poland, and Spain—Petitioner’s Supplement to Volume II Relating to Request for the Imposition of Antidumping Duties on imports from France,’’ dated April 8, 2022 (Petition Supplemental). 7 See Petitions at Volume II; see also Initiation Checklist; and Petition Supplemental. 8 See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are preserved mushrooms from France. For a full description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations, 3 we set aside a period of time, as stated in the Initiation Notice, for parties to raise issues regarding product coverage (i.e., scope). 4 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not modifying the scope language as it appeared in the Initiation Notice. See the complete description of the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant to section 776(a) of the Act, Commerce has preliminarily relied upon facts otherwise available to assign estimated weighted-average dumping margins to the mandatory respondents in this investigation because neither of the respondents submitted a response to Commerce’s antidumping duty questionnaire. Further, Commerce preliminarily determines that these mandatory respondents failed to cooperate by not acting to the best of their abilities to comply with a request for information and is using an adverse inference in selecting from among the facts otherwise available (i.e., applying adverse facts available (AFA)) to these respondents, in accordance with section 776(b) of the Act. For a full description of the methodology underlying our preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Section 733(d)(1)(ii) of the Act provides that, in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually investigated in accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of the Act states that generally the estimated rate for all others shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. The estimated weighted-average dumping margins in this preliminary determination were calculated entirely under section 776 of the Act. In cases where no weighted- average dumping margins other than zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually examined entities, in accordance with section 735(c)(5)(B) of the Act, Commerce typically calculates a simple average of the margins alleged in the petition and applies the results to all other entities not individually examined.5 In the Petitions, 6 Giorgio Goods, Inc. (the petitioner) calculated three estimated dumping margins, 124.41 percent, 188.75 percent and 360.88 percent. Therefore, consistent with our practice, for the all-others rate in this investigation, we preliminarily assigned a simple average of the dumping margins alleged in the Petitions, which is 224.68 percent.7 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist during the period January 1, 2021, through December 31, 2021: Exporter/producer Weighted- average dumping margin (percent) Bonduelle Europe Long Life ....... 360.88 France Champignon ................... 360.88 All Others .................................... 224.68 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of preserved mushrooms from France, as described in the ‘‘Scope of the Investigation’’ in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. We will also instruct CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), to require a cash deposit equal to the margins indicated in the chart above. These suspension of liquidation instructions will remain in effect until further notice. Verification Because the mandatory respondents in this investigation did not act to the best of their abilities to provide information requested by Commerce, and Commerce preliminarily determines each of the mandatory respondents to be uncooperative, we will not conduct verifications. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied AFA to each of the mandatory respondents in this investigation, and applied an AFA rate based on the Petitions, there are no calculations to disclose. Public Comment Interested parties are invited to comment on this preliminary determination no later than 30 days after the date of publication of this preliminary determination. 8 Rebuttal VerDate Sep<11>2014 17:30 Sep 12, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1 jspears on DSK121TN23PROD with NOTICES 55999Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices 9 See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general filing requirements). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 50034 (September 7, 2021). 2 See Certain Pasta from Italy: Preliminary Results of Antidumping Duty Administrative Review and Partial Recission of Review; 2020–2021, 87 FR 47185 (August 2, 2022) (Preliminary Results and Partial Rescission). briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs. 9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.10 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice in the Federal Register. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of our affirmative preliminary determination. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: September 7, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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. 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 this investigation 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Application of Facts Available, Use of Adverse Inference, and Calculation of All-Others Rate V. Recommendation [FR Doc. 2022–19769 Filed 9–12–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Amended Rescission of Antidumping Duty Administrative Review, in Part; 2020– 2021 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) published a notice in the Federal Register on August 2, 2022, for the preliminary results and partial recission of the 2020–2021 administrative review of the antidumping duty order on certain pasta (pasta) from Italy. Commerce is amending its partial rescission due to an incorrect name. DATES : Applicable September 13, 2022. FOR FURTHER INFORMATION CONTACT : Jonathan Hall-Eastman, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1468. SUPPLEMENTARY INFORMATION : Background On September 7, 2021, based on timely requests for an administrative review, Commerce initiated an administrative review of the Order.1 On August 2, 2022, in accordance with 19 CFR 351.213(d), we published together with the preliminary results of review a notice of rescission, in part, with respect to the administrative review of the antidumping duty order on pasta from Italy for the period July 1, 2020, through June 30, 2021.2 Amended Rescission of Review in Part In the Preliminary Results and Partial Rescission, Commerce stated that the review was rescinded with respect to the companies ‘‘listed in Appendix II.’’ One of the companies listed in Appendix II is ‘‘Pastificio Liguori dal 1870 SpA.’’ This is not the correct name of the company on which we intended to rescind the review. We are amending the Preliminary Results and Partial Recission to replace that incorrect name with Liguori Pastificio dal 1820 S.p.A. VerDate Sep<11>2014 17:30 Sep 12, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1 jspears on DSK121TN23PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - Netherlands === 66265Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See Dioctyl Terephthalate from the Republic of Korea: Antidumping Duty Order, 82 FR 39409 (August 18, 2017) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 87 FR 39459 (July 1, 2022) (Initiation Notice). 3 See Eastman Chemical’s Letter, ‘‘Five-Year (‘‘Sunset’’) Review Of Antidumping Duty Order On Dioctyl Terephthalate From the Republic of Korea: Eastman Chemical Company’s Notice Of Intent To Participate In Sunset Review,’’ dated July 15, 2022. 4 See Eastman Chemical’s Letter, ‘‘Five-Year (Sunset) Review of Antidumping Duty Order on Dioctyl Terephthalate from the Republic of Korea: Eastman Chemical Company’s Substantive Response to Notice of Initiation of Review of the Antidumping Duty Order,’’ dated August 1, 2022. 5 See Commerce’s Letter, ‘‘Sunset Reviews for July 1, 2022,’’ dated August 23, 2022. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION : Background On July 1, 2021, Commerce published the Initiation Notice of the first sunset review of the AD order on DOTP from Korea 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). 2 On July 15, 2022, Eastman Chemical Company (Eastman Chemical), a domestic interested party and the petitioner in the underlying investigation, timely notified Commerce of its intent to participate within the deadline specified in 19 CFR 351.218(d)(1)(i). 3 On August 1, 2022, Eastman Chemical submitted a timely substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 4 Commerce did not receive a substantive response from any other interested parties with respect to the Order covered by this sunset review. On August 23, 2022, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from the respondent interested parties in this sunset review.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The merchandise covered by this Order is dioctyl terephthalate (DOTP), regardless of form. DOTP that has been blended with other products is included within this scope when such blends include constituent parts that have not been chemically reacted with each other to produce a different product. For such blends, only the DOTP component of the mixture is covered by the scope of this Order. DOTP that is otherwise subject to this Order is not excluded when commingled with DOTP from sources not subject to this Order. Commingled refers to the mixing of subject and non- subject DOTP. Only the subject component of such commingled products is covered by the scope of the Order. DOTP has the general chemical formulation C6H4(C8H17COO)2 and a chemical name of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a Chemical Abstract Service (CAS) registry number of 6422–86–2. Regardless of the label, all DOTP is covered by this Order. Subject merchandise is currently classified under subheading 2917.39.2000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheadings 2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry number and HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margin of dumping likely to prevail if this Order were revoked. A list of the issues discussed in the decision memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. A complete version of the Issues and Decision Memorandum can be accessed directly at https:// access.trade.gov/public/FRNotices/ ListLayout.aspx. Final Results of Review Pursuant to sections 751(c) and 752(c) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the margin of dumping likely to prevail would be up to 4.08 percent. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the return or destruction of APO materials or conversion to a judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.221(c)(5)(ii). Dated: October 28, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin of Dumping Likely To Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2022–23930 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–421–815] Certain Preserved Mushrooms From the Netherlands: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain preserved mushrooms (preserved mushrooms) from the Netherlands are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Benjamin A. Smith or Patrick Barton, AD/CVD Operations, Office III, Enforcement and Compliance, VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66266 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See Certain Preserved Mushrooms from France, the Netherlands, Poland, and Spain: Initiation of Less-Than-Fair-Value Investigations, 87 FR 24941 (April 27, 2022) (Initiation Notice). 2 See Certain Preserved Mushrooms from the Netherlands, Poland, and Spain: Postponement of Preliminary Determinations in the Less-Than-Fair Value Investigations, 87 FR 50291 (August 16, 2022). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Preserved Mushrooms from the Netherlands,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 87 FR at 24942. 6 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014). 7 See Preliminary Decision Memorandum at section V, ‘‘Use of Facts Available with Adverse Inferences.’’ See also Initiation Notice, 87 FR at 24944. 8 See Memorandum, ‘‘Preliminary Determination Analysis Memorandum for Prochamp B.V.,’’ dated concurrently with this memorandum. 9 See ‘‘All Others Rate’’ section, supra; see also Initiation Notice, 87 FR at 24944 and accompanying Antidumping Duty Investigation Initiation Checklist, ‘‘Certain Preserved Mushrooms from the Netherlands,’’ dated April 20, 2022. The margins alleged in the Petition were 120.88, 131.45, and 146.59 percent. International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2181 or (202) 482–0012, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 27, 2022. 1 On August 16, 2022, Commerce postponed the preliminary determination of this investigation until October 27, 2022. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is preserved mushrooms from the Netherlands. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice, Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of this investigation as it appeared in the Initiation Notice. Therefore, Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the full description of the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences for Okechamp B.V. (Okechamp). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Commerce has preliminarily assigned a rate based entirely on facts available, pursuant to section 776 of the Act, to Okechamp, and calculated a zero percent weighted-average dumping margin for Prochamp B.V. (Prochamp). Therefore, there are no rates calculated in this investigation not zero, de minimis, or based entirely on facts otherwise available upon which to calculate the preliminary rate for all exporters and producers not individually examined. Pursuant to section 735(c)(5)(B) of the Act, Commerce’s normal practice under these circumstances has been to calculate the all-others rate as a simple average of the alleged dumping margin(s) from the petition.6 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer/exporter Estimated weighted- average dumping margin (percent) Okechamp B.V ........................... 7 146.59 Prochamp B.V ............................ 8 0.00 All Others .................................... 9 132.97 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66267Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See Okechamp’s and Prochamp’s Letter, ‘‘Request to Extend the Final Determination,’’ dated October 6, 2022. 13 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Final Determination,’’ dated October 10, 2022. a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weighted- average dumping margin is zero for Prochamp, entries of shipments of subject merchandise from Prochamp will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/ exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by Prochamp. Entries of shipments of subject merchandise from this company in any other producer/ exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Should the final estimated weighted- average dumping margin be zero or de minimis for the producer/exporter combination identified above, entries of shipments of subject merchandise from this producer/exporter combination will be excluded from the potential antidumping duty order. Such exclusions are not applicable to merchandise exported to the United States by this respondent in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combination. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties any calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs and other written materials may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date of the hearing. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination in the Federal Register if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four- month period to a period not more than six months in duration. On October 6, 2022, pursuant to 19 CFR 351.210(e), Okechamp and Prochamp requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.12 On October 10, 2022, Giorgio Foods, Inc. (the petitioner) requested that, pursuant to 19 CFR 351.210(e), Commerce postpone the final determination in the event of a negative preliminary determination.13 In accordance with sections 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, pursuant to section 735(a)(2) of the Act, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of preserved mushrooms from the Netherlands are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 66268 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices 1 See Large Diameter Welded Pipe from the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020, 87 FR 33715 (June 3, 2022) (Preliminary Results). 2 See GOK’s Letter, ‘‘GOK Case Brief,’’ dated July 12, 2022; see also Hyundai RB’s Letter, ‘‘Hyundai RB Case Brief,’’ dated July 12, 2022; and SeAH’s Letter, ‘‘Case Brief,’’ dated July 12, 2022. 3 See Committee’s Letter, ‘‘Rebuttal Brief,’’ dated July 19, 2022. 4 See Memorandum, ‘‘Extension of Deadline for Final Results,’’ dated September 20, 2022. 5 See Hearing Transcript, ‘‘In the Matter of: the Administrative Review of the Antidumping Duty Order on Large Diameter Welded Carbon and Alloy Steel Line and Structural Pipe from the Republic of Korea,’’ dated September 14, 2022. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Large Diameter Welded Pipe from the Republic of Korea; 2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 7 See Large Diameter Welded Pipe from the Republic of Korea: Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order). Dated: October 27, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation 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. 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 this investigation 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Affiliation V. Application of Facts Available and Use of Adverse Inference VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2022–23922 Filed 11–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–898] Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2020 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that producers and/or exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020. DATES : Applicable November 3, 2022. FOR FURTHER INFORMATION CONTACT : Dennis McClure or Jonathan Schueler, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5973 or (202) 482–9175, respectively. SUPPLEMENTARY INFORMATION : Background On June 3, 2022, Commerce published the Preliminary Results of this administrative review in the Federal Register, 1 and invited interested parties to comment. On July 12, 2022, the Government of Korea (GOK), Hyundai RB Co., Ltd. (Hyundai RB), and SeAH Steel Corporation (SeAH Steel) submitted timely case briefs. 2 On July 19, 2022, the American Line Pipe Producers Association Trade Committee (the Committee) submitted a timely rebuttal brief. 3 On September 20, 2022, Commerce extended the deadline for the final results of this review to no later than October 28, 2022.4 Commerce held a public hearing on September 7, 2022. 5 For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.6 We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 7 The merchandise covered by the Order is large diameter welded pipe. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is included in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of the case and rebuttal briefs and the evidence on the record, we made no changes from the Preliminary Results. Companies Not Selected for Individual Review We made no changes to the methodology for determining a rate for companies not selected for individual examination from the Preliminary Results. For the final results of this review, as indicated in the section below, we have continued to determine that only the mandatory respondent Hyundai RB received countervailable subsidies that are above de minimis. Therefore, consistent with section 705(c)(5)(A) of the Act, we are applying the net subsidy rate calculated for Hyundai RB to the non-selected companies. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we calculated an individual net countervailable subsidy rate for Hyundai RB and SeAH Steel Corporation. Commerce determines that, VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling (1) === 57717Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Notices 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. Turkey; Balsu Gida San Ve Tic. A.S. (‘‘Balsu’’) of Turkey; Balsu USA of Miami, FL; Farmeks Tarim Urunleri San Ve Tic. A.S. (‘‘Farmeks’’) of Turkey; Nimeks Organik Tarim Urun San Ve Tic Ltd., STI (‘‘Nimeks’’) of Turkey; Nimeks USA (NFSI) of Whitehall, PA; Progida Tarim Urunleri San Ve Tic. A.S. (‘‘Progida’’) of Turkey; and Olam Group of Fresno, CA. The complainant requests that the Commission issue a limited exclusion order pursuant to 19 U.S.C. 1337(d) and cease and desist orders pursuant to 19 U.S.C. 1337(f). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3642’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: September 15, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–20368 Filed 9–20–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1587–1590 (Final)] Certain Preserved Mushrooms From France, Netherlands, Poland, and Spain; Scheduling of the Final Phase of Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation Nos. 731–TA–1587–1590 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of certain preserved mushrooms from France, Netherlands, Poland, and Spain, provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be sold at less-than- fair-value. VerDate Sep<11>2014 19:54 Sep 20, 2022 Jkt 256001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1 khammond on DSKJM1Z7X2PROD with NOTICES 57718 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Notices FOR FURTHER INFORMATION CONTACT : Kristina Lara (205–3386), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘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.’’ Background.—The final phase of these investigations are being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary determination by Commerce that imports of certain preserved mushrooms from France are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on March 31, 2022, by Giorgio Foods, Inc., Blandon, Pennsylvania. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on November 3, 2022, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold an in-person hearing in connection at the U.S. International Trade Commission Building with the final phase of these investigations beginning at 9:30 a.m. on November 17, 2022. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before November 11, 2022. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigations, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3pm the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on November 15, 2022. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00 p.m. on November 16, 2022. Oral testimony and written materials to be submitted with respect for the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. VerDate Sep<11>2014 19:54 Sep 20, 2022 Jkt 256001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1 khammond on DSKJM1Z7X2PROD with NOTICES 57719Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Notices Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is November 10, 2022. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is November 28, 2022. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petitions, on or before November 28, 2022. On December 13, 2022, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before December 15, 2022, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: September 15, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–20426 Filed 9–20–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE National Institute of Justice [OJP (NIJ) Docket No. 1806] National Institute of Justice Listening Sessions With Stakeholder Organizations AGENCY : National Institute of Justice, Office of Justice Programs, Justice. ACTION : Notice. SUMMARY : The National Institute of Justice (NIJ) plans to host a series of listening sessions with stakeholder organizations. The purpose of the listening sessions is for the NIJ Director to (1) to gather fact and information from stakeholder organizations about current challenges in the criminal justice and juvenile justice ecosystems that research could address and (2) to explain NIJ’s priorities in regard to those challenges. NIJ’s priorities are described at: https://nij.ojp.gov/about/nij-director. Stakeholder organizations include law enforcement, corrections, courts, criminal justice, and public safety professional associations; current NIJ grant and cooperative agreement recipients; law enforcement, corrections, courts, and other criminal justice agencies; juvenile justice agencies; crime victims agencies; advocacy groups, including community- based entities that are dedicated to evidence-based public safety initiatives; and other organizations with a nexus to criminal justice and juvenile justice operations and research. DATES : In-person listening sessions will be held on the following dates and time: October 12, 2022 from 11:00 a.m. to 12:30 p.m.; October 20, 2022 from 10:00 to 11:30 a.m.; and November 7, 2022 from 10:00 to 11:30 a.m. All times in Eastern time. ADDRESSES : In-person listening sessions will be held at the Office of Justice Programs, 810 7th Street NW, Washington, DC 20531. Virtual listening sessions will be held via Webex. FOR FURTHER INFORMATION CONTACT : Barry Bratburd, National Institute of Justice, 810 7th Street NW, Washington, DC 20531; telephone number: (202) 616–5314; email address: barry.bratburd2@usdoj.gov. SUPPLEMENTARY INFORMATION : NIJ is conducting this activity pursuant to its authorities at 34 U.S.C. 10122 and 6 U.S.C. 161–165. NIJ anticipates holding several listening sessions in-person on the dates listed below. Space will be limited for each in-person listening session, and as a result, only 25 participants will be allowed to register for each. NIJ requests that each organization limit their representatives to only one per organization and attend only one listening session. Exceptions to this limit may occur, should space allow. Participants planning to attend are responsible for their own travel arrangements. To express interest in attending a listening session, please send an email to the point of contact listed below by 5:00 p.m. Eastern time one week prior to the scheduled meeting and provide the name of your organization and the name of the representatives proposed to attend. A preliminary agenda will be sent via email to confirmed attendees prior to the listening session. Depending on the level of interest, NIJ may convene additional listening sessions to be held virtually or in person. The web address for any virtual listening sessions will be sent via email to confirmed attendees prior to those listening sessions. Nancy La Vigne, Director, National Institute of Justice. [FR Doc. 2022–20407 Filed 9–20–22; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF JUSTICE National Institute of Justice [OJP (NIJ) Docket No. 1802] Special Technical Committee for Criminal Justice Practice for Digital Multimedia Evidence AGENCY : National Institute of Justice, Office of Justice Programs, Justice. ACTION : Notice. SUMMARY : The National Institute of Justice (NIJ) is seeking qualified individuals to serve on a Special Technical Committee (STC) for Criminal Justice Practice for Digital Multimedia Evidence. The purpose of the STC will be to update and revise the NIJ guide, Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition (NCJ 219941), and develop other relevant guides and standards related to digital multimedia evidence practice for criminal justice purposes. DATES : Individuals wishing to submit an application to the National Institute of VerDate Sep<11>2014 19:54 Sep 20, 2022 Jkt 256001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - Poland === 18118 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 4 See Order. We adjusted the dumping margin of 59.45 percent to account for subsidy offsets calculated in the companion countervailing duty proceeding. 1 See Certain Preserved Mushrooms from Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 66273 (November 3, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 Id. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Preserved Mushrooms from Poland,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Verification of the Questionnaire Response of Okechamp S.A. in the Less-Than-Fair-Value Investigation of Certain Preserved Mushrooms from Poland,’’ dated January 27, 2023. rate previously established for the China-wide entity is 48.91 percent.4 Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We intend to instruct CBP to apply an ad valorem assessment rate of 48.91 percent (i.e., the China-wide entity rate), to all entries of subject merchandise during the POR which were exported by Ningbo Dongxin. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) for Ningbo Dongxin, that has not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity; (2) for previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China- wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 351.221(b)(5). Dated: March 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–06270 Filed 3–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–455–806] Certain Preserved Mushrooms From Poland: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain preserved mushrooms (preserved mushrooms) from Poland are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021. DATES : Applicable March 27, 2023. FOR FURTHER INFORMATION CONTACT : Eliza DeLong, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5166. SUPPLEMENTARY INFORMATION : Background On November 3, 2022, Commerce published in the Federal Register its Preliminary Determination, in which it also postponed the final determination until March 20, 2023. 1 Commerce invited interested parties to comment on the Preliminary Determination.2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are preserved mushrooms from Poland. For a full description of the scope of this investigation, see Appendix I. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in December 2022, we conducted verification of the sales information submitted by Okechamp S.A. (Okechamp) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Okechamp. 4 VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 18119Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 5 See Preliminary Determination, 87 FR at 66273. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination We have made certain changes to the margin calculations for Okechamp, Bonduelle Polska-UL.Michala (Bonduelle Michala) and Boduelle Polska SA (Bonduelle Polska) since the Preliminary Determination. See the Issues and Decision Memorandum for a discussion of these changes. Use of Adverse Facts Available As discussed in the Preliminary Determination, Commerce assigned to the mandatory respondents in this investigation, Bonduelle Michala and Bonduelle Polska, estimated weighted- average dumping margins on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act.5 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Bonduelle Michala and Bonduelle Polska. Pursuant to section 776(b) of the Act, we examined the dumping margins alleged in the petition, the weighted- average dumping margin calculated in this final determination, and other information of the record of this investigation to determine an appropriate estimated weighted-average dumping margin for Bonduelle Michala and Bonduelle Polska based on AFA. We are assigning the highest transaction-specific dumping margin calculated for Okechamp as the estimated weighted-average dumping margin to Bonduelle Michala and Bonduelle Polska based on AFA. Because we are relying on information obtained in the course of this investigation, we do not need to corroborate this margin pursuant section 776(c) of the Act. For further discussion, see the Issues and Decision Memorandum at ‘‘Use of Adverse Facts Available.’’ All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this case, Commerce calculated an individual estimated weighted-average dumping margin for Okechamp that is not zero, de minimis, or determined entirely under section 776 of the Act. Consequently, the rate calculated for Okechamp is also assigned as the rate for all other producers and exporters. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist for the POI: Producer/exporter Estimated weighted- average dumping margin (percent) Okechamp S.A ........................... 34.32 Bonduelle Polska-UL.Michala ..... 57.22 Bonduelle Polska SA .................. 57.22 All Others .................................... 34.32 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of the date of publication of this notice or, if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of preserved mushrooms from Poland, as described in Appendix I to this notice, which were entered, or withdrawn from warehouse for consumption on or after November 3, 2022, the date of publication of Preliminary Determination of this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company- specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted- average dumping margin. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of preserved mushrooms from Poland no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 18120 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 1 See Certain Preserved Mushrooms from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66262 (November 3, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Petitioner’s Letter, ‘‘Petitioner’s Letter in Lieu of a Case Brief,’’ dated February 8, 2023; and Eurochamp’s Letter, ‘‘Submission of Eurochamp S.A.T.’s Administrative Case Brief,’’ dated February 8, 2023. 3 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal Brief,’’ dated February 15, 2023; and Eurochamp’s Letter, ‘‘Submission of Eurochamp S.A.T.’s Administrative Case Brief,’’ dated February 15, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Preserved Mushrooms from Spain,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: March 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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. 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 this investigation 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes From the Preliminary Determination IV. Use of Facts Available With an Adverse Inference V. Discussion of the Issues Comment 1: Whether Commerce Should Apply Total Adverse Facts Available (AFA) to Okechamp Comment 2: Whether To Include Certain Comparison Market Indirect Selling Expenses Comment 3: Whether Commerce Should Revise Certain Romanian Gross Unit Prices Comment 4: Whether To Adjust Freight Expenses in the Comparison Market Comment 5: Whether To Adjust Freight Revenue in the Comparison Market Comment 6: Whether To Adjust Freight Revenue in the U.S. Market Comment 7: Whether To Adjust General and Administrative (G&A) Expenses Comment 8: Adjustments to Financial Expense Ratio Comment 9: Selection of Romania as the Comparison Market VI. Recommendation [FR Doc. 2023–06187 Filed 3–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–825] Certain Preserved Mushrooms From Spain: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain preserved mushrooms (preserved mushrooms) from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES : Applicable March 27, 2023. FOR FURTHER INFORMATION CONTACT : Samantha Kinney or Katherine Johnson, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2285 or (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION : Background On November 3, 2022, Commerce published the Preliminary Determination in the Federal Register.1 We invited interested parties to comment on the Preliminary Determination. On February 8, 2023, we received comments from Giorgio Foods, Inc. (the petitioner), a domestic producer of preserved mushrooms, and Eurochamp S.A.T. (Eurochamp), a respondent in this investigation. 2 On February 15, 2023, we received rebuttal comments from these parties. 3 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 4 Period of Investigation The period of investigation is January 1, 2021, through December 31, 2021. Scope of the Investigation The products covered by this investigation are preserved mushrooms from Spain. For a full description of the scope of this investigation, see Appendix I. Analysis of Comments Received The issues raised in comments that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in December 2022, we conducted verification of the sales information submitted by Eurochamp for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Eurochamp. As explained in the Issues and Decision Memorandum, Commerce was unable to verify the accuracy of Eurochamp’s reporting with respect to its sales data. As a consequence, we find that Eurochamp’s reported sales data are unverified and, thus, cannot serve as a reliable basis for calculating an accurate margin for Eurochamp in this investigation. For further discussion, see the Issues and Decision Memorandum. VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Final - Spain === 18120 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 1 See Certain Preserved Mushrooms from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66262 (November 3, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Petitioner’s Letter, ‘‘Petitioner’s Letter in Lieu of a Case Brief,’’ dated February 8, 2023; and Eurochamp’s Letter, ‘‘Submission of Eurochamp S.A.T.’s Administrative Case Brief,’’ dated February 8, 2023. 3 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal Brief,’’ dated February 15, 2023; and Eurochamp’s Letter, ‘‘Submission of Eurochamp S.A.T.’s Administrative Case Brief,’’ dated February 15, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Preserved Mushrooms from Spain,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: March 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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. 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 this investigation 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes From the Preliminary Determination IV. Use of Facts Available With an Adverse Inference V. Discussion of the Issues Comment 1: Whether Commerce Should Apply Total Adverse Facts Available (AFA) to Okechamp Comment 2: Whether To Include Certain Comparison Market Indirect Selling Expenses Comment 3: Whether Commerce Should Revise Certain Romanian Gross Unit Prices Comment 4: Whether To Adjust Freight Expenses in the Comparison Market Comment 5: Whether To Adjust Freight Revenue in the Comparison Market Comment 6: Whether To Adjust Freight Revenue in the U.S. Market Comment 7: Whether To Adjust General and Administrative (G&A) Expenses Comment 8: Adjustments to Financial Expense Ratio Comment 9: Selection of Romania as the Comparison Market VI. Recommendation [FR Doc. 2023–06187 Filed 3–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–825] Certain Preserved Mushrooms From Spain: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain preserved mushrooms (preserved mushrooms) from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES : Applicable March 27, 2023. FOR FURTHER INFORMATION CONTACT : Samantha Kinney or Katherine Johnson, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2285 or (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION : Background On November 3, 2022, Commerce published the Preliminary Determination in the Federal Register.1 We invited interested parties to comment on the Preliminary Determination. On February 8, 2023, we received comments from Giorgio Foods, Inc. (the petitioner), a domestic producer of preserved mushrooms, and Eurochamp S.A.T. (Eurochamp), a respondent in this investigation. 2 On February 15, 2023, we received rebuttal comments from these parties. 3 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 4 Period of Investigation The period of investigation is January 1, 2021, through December 31, 2021. Scope of the Investigation The products covered by this investigation are preserved mushrooms from Spain. For a full description of the scope of this investigation, see Appendix I. Analysis of Comments Received The issues raised in comments that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in December 2022, we conducted verification of the sales information submitted by Eurochamp for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Eurochamp. As explained in the Issues and Decision Memorandum, Commerce was unable to verify the accuracy of Eurochamp’s reporting with respect to its sales data. As a consequence, we find that Eurochamp’s reported sales data are unverified and, thus, cannot serve as a reliable basis for calculating an accurate margin for Eurochamp in this investigation. For further discussion, see the Issues and Decision Memorandum. VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 18121Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices 5 See Preliminary Determination, 87 FR at 66263. 6 See Petitioner’s Letter, ‘‘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 AD Second Supplement), at AD–ES–SUPP 2–5. 7 See, e.g., Certain Preserved Mushrooms from France: Final Affirmative Determination of Sales at Less Than Fair Value, 87 FR 72963 (November 28, 2022). 8 See Petitioner’s Letter, ‘‘Certain Preserved Mushrooms from France, Netherlands, Poland, and Spain—Petitioner’s Supplement to Volume V Relating to Request for the Imposition of Antidumping Duties on Imports from Spain,’’ dated April 8, 2022, at AD–ES–SUPP–5; see also Spain AD Second Supplement at AD–ES–SUPP 2–5. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made changes to the dumping margins. For a discussion of these changes, see the Issues and Decision Memorandum. Use of Adverse Facts Available In the Preliminary Determination, Commerce relied on facts available with an adverse inference (AFA) in determining a weighted-average dumping margin for Riberebro Integral S.A.U. (Riberebro), under sections 776(a) and (b) of the Act, because Riberebro failed to cooperate by not acting to the best of its ability to comply with Commerce’s request for information in this investigation. 5 There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Riberebro. In addition, due to our inability to verify Eurochamp’s submitted data, we are unable to use its data to calculate an accurate dumping margin for the company. Therefore, for this final determination we find it appropriate to assign Eurochamp an estimated weighted-average dumping margin based on AFA, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. In applying AFA, we assigned Eurochamp and Riberebro the highest margin identified in the petition, 156.59 percent. 6 For further discussion, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. The estimated weighted-average dumping margins in this final determination were calculated entirely under section 776 of the Act. In cases where no weighted-average dumping margins other than zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually examined entities, in accordance with section 735(c)(5)(B) of the Act, Commerce typically calculates a simple average of the margins alleged in the petition and applies the results to all other entities not individually examined.7 The simple average of the petition margins is 59.59 percent.8 Final Determination The final estimated weighted-average dumping margins are as follows: Producer or exporter Estimated weighted- average dumping margin (percent) Eurochamp S.A.T ........................ 156.59 Riberebro Integral S.A.U ............. 156.59 All Others ..................................... 59.59 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination, in accordance with 19 CFR 351.224(b). However, because Commerce applied AFA to both mandatory respondents in this investigation, there are no calculations to disclose. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of preserved mushrooms from Spain, as described in Appendix I to this notice, entered, or withdrawn from warehouse, for consumption on or after November 3, 2022, the date of publication of Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all- others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company- specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the company- specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted- average dumping margin. These suspension-of-liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of preserved mushrooms from Spain no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice will serve as a final reminder to the parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 18122 Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: March 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation 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. 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 this investigation 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Application of Total Adverse Facts Available V. Discussion of the Issues Comment 1: Whether Commerce Should Assign Adverse Facts Available (AFA) to Eurochamp Comment 2: Selection of the AFA Rate VI. Recommendation [FR Doc. 2023–06186 Filed 3–24–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Artificial Intelligence Advisory Committee AGENCY : National Institute of Standards and Technology, Department of Commerce. ACTION : Notice of open meeting. SUMMARY : The National Institute of Standards and Technology (NIST) announces that the National Artificial Intelligence Advisory Committee (NAIAC or Committee) will hold an open meeting in-person and via web conference on April 25, 2023, between 10:00 a.m. and 3:00 p.m. Eastern time. The primary purpose of the meeting is to discuss the Committee’s effort to develop its year one report that will be presented to the President and National Artificial Intelligence Initiative Office. The final agenda will be posted to the NAIAC website: ai.gov/naiac/. DATES : The meeting will be held on Tuesday, April 25, 2023, between 10 a.m. and 3 p.m. Eastern time. ADDRESSES : The meeting will be held in- person and via live broadcast from the U.S. Department of Commerce, Herbert C. Hoover Federal Building, located at 1401 Constitution Ave. NW, Washington, DC 20230. For instructions on how to attend and/or participate in the meeting, please see the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT : Alicia Chambers, Committee Liaison Officer, National Institute of Standards and Technology, 100 Bureau Drive, MS 1000, Gaithersburg, MD 20899, alicia.chambers@nist.gov or 301–975– 5333, or Melissa Banner, Designated Federal Officer, National Institute of Standards and Technology, 100 Bureau Drive, MS 1000, Gaithersburg, MD 20899, melissa.banner@nist.gov or 301– 975–5245. Please direct any inquiries to naiac@nist.gov. SUPPLEMENTARY INFORMATION : Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the NAIAC will meet on Tuesday, April 25, 2023, between 10 a.m. and 3 p.m. Eastern Time. The meeting will be open to the public and will be held in-person and via web conference. Interested members of the public will be able to participate in the meeting from remote locations or in- person. The primary purpose of the meeting is to discuss the Committee’s effort to develop its year one report that will be presented to the President and National Artificial Intelligence Initiative Office. The final agenda and meeting time will be posted to the NAIAC website: ai.gov/naiac/. The NAIAC is authorized by Section 5104 of the National Artificial Intelligence Initiative Act of 2020 (Pub. L. 116–283, Div. E), in accordance with the provisions of the Federal Advisory Committee Act, as amended (FACA), 5 U.S.C. App. The Committee advises the President and the National Artificial Intelligence Initiative Office on matters related to the National Artificial Intelligence Initiative. Additional information on the NAIAC is available at ai.gov/naiac/. Comments: Individuals and representatives of organizations who would like to offer comments and suggestions related to items on the Committee’s agenda for this meeting are invited to submit comments in advance of the meeting. Approximately ten minutes will be reserved for public comments, which will be read on a first- come, first-served basis. Please note that all submitted comments will be treated as public documents and will be made available for public inspection. All comments must be submitted via email with the subject line ‘‘April 25, 2023, NAIAC Meeting Comments’’ to naiac@ nist.gov by 5:00 p.m. Eastern Time, Monday, April 24, 2023. Virtual Admittance Instructions: The meeting will be broadcast live via BlueJeans Events and the log-in instructions to join the meeting will be made available on ai.gov/naiac/ #MEETINGS. In-Person Admittance Instructions: Limited space is available on a first- come, first-served basis for anyone who wishes to attend in person. Registration is only required for in-person attendance. Registration details will be posted at ai.gov/naiac/#MEETINGS. Registration will close at 5:00 p.m. Eastern Time on Tuesday, April 18. Alicia Chambers, NIST Executive Secretariat. [FR Doc. 2023–06271 Filed 3–24–23; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Board of Overseers of the Malcolm Baldrige National Quality Award AGENCY : National Institute of Standards and Technology, Department of Commerce. ACTION : Notice of open meeting. VerDate Sep<11>2014 19:19 Mar 24, 2023 Jkt 259001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD - Netherlands -Poland-Spain === 33096 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders, pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). 1 See Certain Preserved Mushrooms from the Netherlands: Final Affirmative Determination of Sales at Less Than Fair Value, 88 FR 18115 (March 27, 2023); Certain Preserved Mushrooms from Poland: Final Affirmative Determination of Sales at Less Than Fair Value, 88 FR 18118 (March 27, 2023); and Certain Preserved Mushrooms from Spain: Final Affirmative Determination of Sales at Less Than Fair Value, 88 FR 18120 (March 27, 2023). ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Garza-Solis’s conviction for violating Section 38 of the AECA. BIS provided notice and opportunity for Garza-Solis to make a written submission to BIS, as provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.2 BIS has not received a written submission from Garza-Solis. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Garza-Solis’s export privileges under the Regulations for a period of 10 years from the date of Garza-Solis’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Garza-Solis had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until October 16, 2030, Jacobo Javier Garza- Solis, with a last known address of 1614 Solar Dr., Mission, TX 78572, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (‘‘the Denied Person’’), may not directly or indirectly participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (in- country) to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, pursuant to section 1760(e) of ECRA (50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Garza- Solis by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with part 756 of the Regulations, Garza-Solis may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Garza-Solis and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 16, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–10967 Filed 5–22–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–421–815, A–455–806, A–469–825] Certain Preserved Mushrooms From the Netherlands, Poland, and Spain: Antidumping Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on certain preserved mushrooms (preserved mushrooms) from the Netherlands, Poland, and Spain. DATES : Applicable May 23, 2023. FOR FURTHER INFORMATION CONTACT : Alex Cipolla at (202) 482–4956 (the Netherlands), Eliza DeLong at (202) 482–3878 (Poland), or Katherine Johnson at (202) 482–4929 (Spain), AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION : Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on March 27, 2023, Commerce published its affirmative final determinations in the less-than- fair-value (LTFV) investigations of preserved mushrooms from the Netherlands, Poland, and Spain. 1 On May 11, 2023, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of preserved VerDate Sep<11>2014 17:24 May 22, 2023 Jkt 259001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1 lotter on DSK11XQN23PROD with NOTICES1 33097Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices 2 See ITC Notification Letter, Investigation Nos. 731–TA–1588–1590 (Final), dated May 11, 2023 (ITC Notification Letter); see also Certain Preserved Mushrooms from the Netherlands, Poland, and Spain, 88 FR 31522 (May 17, 2023). 3 Id. 4 See Certain Preserved Mushrooms from the Netherlands: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66265 (November 3, 2022); Certain Preserved Mushrooms from Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66273 (November 3, 2022); and Certain Preserved Mushrooms from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 87 FR 66262 (November 3, 2022) (collectively, Preliminary Determinations). 5 As noted below, merchandise produced and exported by Prochamp B.V. is excluded from the Netherlands order. Therefore, the all-others rate applies to entries of any merchandise produced by Prochamp B.V. and exported by any other company or merchandise produced by any other company and exported by Prochamp B.V. 6 Merchandise produced and exported by Prochamp B.V. is excluded from the Netherlands order. This exclusion does not apply to merchandise produced by Prochamp B.V. and exported by any other company or merchandise produced by any other company and exported by Prochamp B.V. Resellers of merchandise produced by Prochamp B.V. are also not entitled to this exclusion. 7 Id. 8 See, e.g., Certain Corrosion-Resistant Steel Products from India, India, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 (July 25, 2016). mushrooms from the Netherlands, Poland, and Spain. 2 Scope of the Orders The products covered by these orders are certain preserved mushrooms from the Netherlands, Poland, and Spain. For a complete description of the scope of these orders, see the appendix to this notice. Antidumping Duty Orders On May 11, 2023, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of imports of preserved mushrooms from the Netherlands, Poland, and Spain. 3 Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing these antidumping duty orders. Because the ITC determined that imports of preserved mushrooms from the Netherlands, Poland, and Spain are materially injuring a U.S. industry, unliquidated entries of such merchandise from the Netherlands, Poland, and Spain, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of preserved mushrooms from the Netherlands, Poland, and Spain. With the exception of entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determinations, as further described below, antidumping duties will be assessed on unliquidated entries of preserved mushrooms from the Netherlands, Poland, and Spain, entered, or withdrawn from warehouse, for consumption, on or after November 3, 2022, the date of publication of the Preliminary Determinations.4 Continuation of Suspension of Liquidation and Cash Deposits Except as noted in the ‘‘Provisional Measures’’ section of this notice, in accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation on all relevant entries of preserved mushrooms from the Netherlands, Poland, and Spain. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the rates listed in the tables below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. 5 Because the estimated weighted-average dumping margin is zero for subject merchandise produced and exported by Prochamp B.V., entries of shipments of subject merchandise from this producer/ exporter combination are excluded from the antidumping duty order on subject merchandise from the Netherlands. These exclusions will not be applicable to merchandise exported to the United States by these respondents in any other producer/exporter combination or by third parties that sourced subject merchandise from the excluded producer/exporter combinations. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: Producer/exporter Estimated weighted- average dumping margin (percent) The Netherlands Okechamp B.V ........................... 146.59 Prochamp B.V ............................ 6 0.00 All Others .................................... 132.97 Poland Okechamp S.A ........................... 34.32 Bonduelle Polska-UL.Michala ..... 57.22 Bonduelle Polska SA .................. 57.22 All Others .................................... 34.32 Spain Eurochamp S.A.T ....................... 156.59 Riberebro Integral S.A.U ............ 156.59 All Others .................................... 59.59 Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four- month period to no more than six months. At the request of exporters that account for a significant proportion of preserved mushrooms from the Netherlands, Poland, and Spain, Commerce extended the four-month period to six months in each of these investigations. Commerce published the preliminary determinations in these investigations on November 3, 2022.7 The extended provisional measures period, beginning on the date of publication of the Preliminary Determinations, ended on May 1, 2023. Therefore, in accordance with section 733(d) of the Act and our practice,8 Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of preserved mushrooms from the Netherlands, Poland, and Spain entered or withdrawn from warehouse, for consumption after May 1, 2023, the final day on which the provisional measures were in effect, until and through the day preceding the date of VerDate Sep<11>2014 17:24 May 22, 2023 Jkt 259001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1 lotter on DSK11XQN23PROD with NOTICES1 33098 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices 9 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 10 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 11 Id. 12 This segment will be combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 13 See Procedural Guidance, 86 FR at 53206. 14 See Final Rule, 86 FR at 52335. publication of the ITC’s final affirmative injury determinations in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determinations in the Federal Register. Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the Final Rule in the Federal Register. 9 On September 27, 2021, Commerce also published the Procedural Guidance in the Federal Register. 10 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.11 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 12 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance,13 the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 14 Accordingly, as stated above, the petitioner and Governments of the Netherlands, Poland, and Spain should submit their initial entries of appearance after publication of this notice in order to appear in the first annual inquiry service lists for these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of the Netherlands, Poland, and Spain will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Governments of the Netherlands, Poland, and Spain are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the antidumping duty orders with respect to preserved mushrooms from the Netherlands, Poland, and Spain pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. These antidumping duty orders are published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b). Dated: May 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Orders The merchandise covered by these orders are certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under these orders 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 orders 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 the orders is dispositive. [FR Doc. 2023–10939 Filed 5–22–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF EDUCATION Applications for New Awards; Demonstration Grants for Indian Children and Youth Program—Native American Teacher Retention Initiative AGENCY : Office of Elementary and Secondary Education, Department of Education. ACTION : Notice. SUMMARY : The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2023 for Demonstration Grants for Indian Children and Youth Program (Demonstration program)—Native VerDate Sep<11>2014 17:24 May 22, 2023 Jkt 259001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1 lotter on DSK11XQN23PROD with NOTICES1
Active order issued from this investigation
Investigation 731-TA-1587 is a U.S. International Trade Commission antidumping (AD) proceeding on Preserved Mushrooms from France, Netherlands, Poland, and Spain; Inv. No. 731-TA-1587-1590 (Final) from Spain, France, Poland, Netherlands. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.
731-TA-1587 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.
Yes — investigation 731-TA-1587 resulted in AD/CVD case A-421-815. The linked order page on this catalog has the active deposit rate, scope text, and Federal Register citation.
Tandom guides relevant to AD/CVD investigations
Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.
Open resource
Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.
Open resource
The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.
Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).
Open resource