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Preserved Mushrooms: Details of AD Orders on Poland, Spain, the Netherlands

The Commerce Department issued antidumping duty orders on preserved mushrooms from Poland (A-455-806), Spain (A-469-825) and the Netherlands (A-421-815). The orders detail a “gap period” of May 2-16, 2023, of no AD duty liability.

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This order sets permanent antidumping duties on preserved mushrooms from Poland, Spain and the Netherlands. Duties will remain in place unless revoked by Commerce, which may take place only under certain conditions, such as a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD duties on importers and make changes to AD cash deposit rates.

Merchandise both produced and exported by Prochamp B.V. is exempt from the AD duty order on the Netherlands, as a result of the zero AD rate it received in Commerce's final determination.

Commerce also recently issued an AD duty order following a concurrent investigation on preserved mushrooms from France (see 2301190023).

Gap Period of No AD Suspension of Liq or AD Duties for May 2-16

For these investigations, the six-month provisional measures period for which the AD suspension of liquidation may remain in effect before the order is in place began on Nov. 3, 2022, the date of the preliminary determination, and ended on May 1, 2023.

As the ITC's final affirmative injury determination was published May 17, Commerce is instructing CBP to terminate AD suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of subject merchandise entered on or after May 2 and through May 16 (the gap period).

(For subject merchandise from Poland, Spain and the Netherlands entered Nov. 3, 2022, through May 1, 2023, AD suspension of liquidation and AD duty liability remains in effect.)

AD Suspension of Liq, Cash Deposit Instructions

Suspension of liquidation resumes for all entries of subject merchandise entered on or after May 17, the date that the final ITC affirmative injury determination was published. AD cash deposit requirements also resume as of that date. Commerce will instruct CBP to require, at the same time that importers deposit estimated duties, a cash deposit equal to the AD rates listed below:

Poland

ProducerAD Rate
Okechamp S.A.34.32%
Bonduelle Polska-UL.Michala57.22%
Bonduelle Polska SA57.22%
All Others34.32%

Spain

ProducerAD Rate
Eurochamp S.A.T.156.59%
Riberebro Integral S.A.U.156.59%
All Others59.59%

The Netherlands

ProducerAD Rate
Okechamp B.V.146.59%
Prochamp B.V.*zero
All Others132.97%

*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.

(See the notice for additional details, including the full scope description, etc. See 2303240030 for a summary of Commerce's final determinations.)