New Trade Case on Mushrooms From France, Netherlands, Poland, and Spain

A new U.S. antidumping (“AD”) duty petition was filed on March 31, by Giorgio Foods, Inc. against imports of certain preserved mushrooms from France, Netherlands, Poland, and Spain.

The products covered are Agaricus mushrooms, preserved by heat sterilization in cans or jars, in a suitable liquid medium that may be water, light brine, or butter. The raw Agaricus mushrooms covered by the scope of the case may include small numbers of brown mushrooms (either large portobellos or smaller criminis). Preserved mushrooms are used generally as ingredients in prepared foods such as soups, gravies, sauces, pizzas, and entrees.

The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring the U.S. industry. If the ITC finds that the standard is met, then the cases will move to the DOC which will calculate the preliminary AD duty margin.

The DOC’s preliminary determination is currently scheduled for Sept. 7, 2022, which is the date when importers will be required to deposit the calculated duties upon the products’ entry in the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

Approximate Key Dates*

Antidumping Duty Investigations

Event	No. of Days	Date of Action
Petition Filed	0	3/31/2022
Initiation Date	20	4/20/2022

ITC Preliminary Investigations**

Event	No. of Days	Date of Action
Questionnaires Due	14	4/14/2022
Request for Appearance at Hearing	18	4/18/2022
Hearing	21	4/21/2022
Briefs	26	4/26/2022
ITC Vote	43	5/13/2022
ITC Preliminary Determination	45	5/16/2022

DOC Investigations

Event	No. of Days	Date of Action
DOC Preliminary AD Determination	160	9/7/2022
DOC Final AD Determination	235	11/21/2022

ITC Final Investigations

Event	No. of Days	Date of Action
ITC Final AD Determination	280	1/5/2023

DOC Final Investigations

Event	No. of Days	Date of Action
DOC AD Publication of Order	287	1/12/2023

*These dates may be extended.

**The ITC preliminary dates may change slightly once the ITC publishes its notice of institution in the Federal Register. When the notice is published, parties will have seven days to file an entry of appearance at the ITC and apply for access to confidential information through counsel under the Administrative Protective Order.

The following are key facts about this trade case:

Petitioner: Giorgio Foods, Inc.

Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual companies named in the petition.

AD margin: Petitioner has alleged the following dumping margins:

• France: between 116.56 to 334.77 percent, ad valorem;
• Netherlands: 126.05 to 152.36 percent, ad valorem;
• Poland: 21.82 to 31.90 percent, ad valorem; and
• Spain: 6.38 to 139.83 percent, ad valorem.

Merchandise covered by the scope of the investigation:

The scope of this investigation covers certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The preserved mushrooms covered under this investigation are the genus Agaricus. “Preserved mushrooms” refer to mushrooms that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed, and heat sterilized in containers each holding a net drained weight of not more than 12 ounces (340.2 grams), including but not limited to cans or glass jars, in a suitable liquid medium, including but not limited to water, brine, butter, or butter sauce. Preserved mushrooms may be imported whole, sliced, diced, or as stems and pieces.

The merchandise covered by the petition are currently classified under the following subheadings: 2003.10.0127, 2003.10.0131, and 2003.10.0137 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise covered may also be classified under HTSUS subheadings 2003.10.0143,   2003.10.0147, and 2003.10.0153. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907); William Sjoberg (wsjoberg@clarkhill.com; 202-772-0924); or another member of Clark Hill’s International Trade Business Unit.