Background

A petition filed March 31 alleges that preserved mushrooms from France, the Netherlands, Poland, and Spain are being sold at less than fair value in the U.S. market. The alleged average dumping margins are 116.56 to 344.77 percent for France, 126.05 to 152.36 percent for the Netherlands, 21.82 to 31.9 percent for Poland, and 6.38 to 139.83 percent for Spain.

The products covered by this petition are certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. “Preserved mushrooms” refers 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), in a suitable liquid medium such as water, brine, butter, or butter sauce.

Subject mushrooms are currently classified in HTSUS subheadings 2003.10.0127, 2003.10.0031, and 2003.10.0137 and may also be classified under subheadings 2003.10.0143, 2003.10.0147, and 2003.10.0153.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information, please contact attorney Kristen Smith at (202) 730-4965.

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