New Anti Dumping Petition From International Mushrooms

Home | HS Blog | New Anti Dumping Petition: Preserved Mushrooms from Spain, France Poland and Netherlands Table of Contents Toggle A new antidumping (AD) petition was filed on March 31, 2022 by a U.S. domestic producer seeking the imposition of additional duties on imports of preserved mushrooms from Spain, France, Polan, and Netherlands. The U.S. Department of Commerce (“DOC”) will conduct an investigation to investigate whether the named subject imports are being sold to the United States at less than fair value (“dumping”) or benefit from unfair government subsidies. The U.S. International Trade Commission (“ITC”) also will conduct an investigation to determine whether the named subject imports are a cause of material injury or threat of material injury to the domestic industry. Preserved Mushrooms from Spain, France, Netherlands, and Poland Giorgio Foods, Inc. filed an antidumping (AD) petition against U.S. imports of certain preserved mushrooms from Spain, France, Netherlands, and Poland. Giorgio is one of the last of a small handful of surviving U.S. preserved mushroom producers. Since 1999, U.S. preserved mushroom producers have benefited from the protection of AD orders that effectively blocked almost all imports of preserved mushrooms from China, Chile, India, and Indonesia. The domestic preserved mushroom industry has still declined, as they still face competition from canned mushrooms imports from other countries. In the past few years, 95% of the U.S. imports of preserved mushrooms have come from the named four countries. Netherlands is by far the largest import source of canned mushrooms accounting for over 70% of the total U.S. imports. Scope The petition proposes the scope of the merchandise to be covered by this AD investigation as: 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. See the proposed scope definition for a complete description of the physical characteristics of the covered merchandise, and the HTS numbers that may be used to import the subject merchandise. Alleged AD/CVD Margins Petitioner calculated the following estimated dumping margins: France – 116.56% to 344.77% Netherlands – 126.05% to 152.36% Poland – 21.82% to 31.90%. Spain – 6.38% to 139.83% Named Exporters/ Producers Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise. See attached list here. Named U.S. Importers Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise. See attached list here. Estimated Schedule of Investigations March 31, 2022 – Petitions filed April 20, 2022 – DOC initiates investigation April 21, 2022 – ITC Staff Conference May 16, 2022 – ITC preliminary determination October 27, 2022 - DOC AD preliminary determination (assuming extended deadline) (9/7/22 – unextended) March 11, 2023 – DOC final determination (extended) April 25, 2023 – ITC final determination (extended) May 2, 2023 – DOC AD orders issued (extended) Check Out Our Practice Areas Share Twitter Facebook LinkedIn E-mail Comment Adams Lee Adams Lee has more than twenty years’ experience providing strategic advice and legal guidance on complex international trade and administrative regulatory matters to US and foreign companies, trade associations, and foreign governments. He advises companies in a broad range of industries on international trade remedy and trade policy issues. Adams brings a wealth of knowledge to Harris Sliwoski’s international trade practice. He is adept at quickly evaluating strategic options and developing the best comprehensive legal approach in light of relevant policy and case law. Beyond achieving significant DOC and ITC results that improve his clients’ competitive position, Adams helps them understand complex trade issues so they can make well-informed business decisions. 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