91 FR 49446 · published 2026-08-04
· International Trade Commission
Mirrored from the Federal Register (retrieved 2026-08-08) —
the official copy is at federalregister.gov
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The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-778 and 731-TA-1764 (Final) pursuant to the Tariff Act of 1930 to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of fresh mushrooms from Canada, provided for in subheading 0709.51.01 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
[Federal Register Volume 91, Number 148 (Tuesday, August 4, 2026)]
[Notices]
[Pages 49446-49448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15745]
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-778 and 731-TA-1764 (Final)]
Fresh Mushrooms From Canada; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-778 and 731-TA-1764 (Final) pursuant to the Tariff Act of 1930
to determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
imports of fresh mushrooms from Canada, provided for in subheading
0709.51.01 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized and sold at less-than-fair-value.
DATES: July 17, 2026.
FOR FURTHER INFORMATION CONTACT: Jordan Harriman ((202) 205-2610),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.-- For purposes of these investigations, Commerce has defined
the subject merchandise as ``. . . 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 this
investigation 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 this investigation 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 Harmonized Tariff Schedule of the United States
(HTSUS) subheading 0709.51.01. Although the HTSUS number is provided
for convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Canada of fresh mushrooms, and that such products are
being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on September 16, 2025, by the Fresh
Mushrooms Fair Trade Coalition and its individual members.\1\
\1\ The individual members of the Fresh Mushrooms Fair Trade
Coalition are: Giorgio Fresh Co. (including Donna Bella Farms LLC
and Giorgi Mushroom Co.); J-M Farms LLC; Kennett Square Mushroom
Operation LLC; Modern Mushroom Farms, Inc.; Needham's Mushroom
Farms, Inc.; and Sher-Rockee Mushroom Farms.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
5, 2026, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
November 17, 2026. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Friday,
November 13, 2026. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3:00 p.m. the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Monday,
November 16, 2026. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on November 16, 2026. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later
than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is November 12, 2026. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is November 24, 2026. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before November 24, 2026. On December 14, 2026, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before December 16, 2026, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: July 30, 2026.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2026-15745 Filed 8-3-26; 8:45 am]
BILLING CODE 7020-02-P
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