Petition Filed for New AD/CVD on Fresh Mushrooms From Canada
A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting antidumping and countervailing duties be imposed on fresh mushrooms imported from Canada. Commerce now will decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. The Fresh Mushrooms Fair Trade Coalition requested the investigation.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The petitioners said that the petition covers fresh mushrooms of the genus Agaricus, of which they said "the overwhelming majority of fresh Agaricus mushrooms sold in the U.S. market are packaged into individual containers and shipped to convenience stores, grocery stores, retail chains, and supermarkets."
Proposed Scope
The petition proposes the following scope for the investigations:
"The merchandise covered by these investigations is fresh mushrooms of the genus Agaricus ("fresh mushrooms"). This includes — but is not limited to — fresh mushrooms of the species Agaricus bisporus, which are commonly referred to as button mushrooms, chestnut mushrooms, cremini or crimini mushrooms, baby bellas, portabella or portobello mushrooms, table mushrooms, or as white or browns. Fresh mushrooms include whole mushrooms, as well as mushrooms that have been sliced, diced, or separated into stems and pieces prior to importation. Fresh mushrooms may also be imported in bulk or loose form, or may be imported in individual containers packaged for retail sale. The scope of these investigations includes all fresh mushrooms of the genus Agaricus, whether or not organic, and irrespective of age, cut, color, size, species, or packaging.
"Subject merchandise may be cleaned, washed, inspected, subjected to metal detection, sliced, diced, or de-stemmed, and/or vacuum cooled prior to importation, but otherwise undergoes minimal further processing. The scope of these investigations covers fresh mushrooms of the genus Agaricus regardless of end use, including both mushrooms destined for the fresh market and mushrooms intended for food processing.
"Fresh mushrooms of the genus Agaricus are currently classifiable under HTSUS statistical reporting number 0709.51.0100. Although the HTSUS statistical reporting number is provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.”
ITC and Commerce to Accept Comments Before Initiating Investigation
The Commerce Department and the ITC will accept comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, the ITC and Commerce will initiate AD/CVD investigations.