Details on the petitions submitted for antidumping and countervailing duties on fresh mushrooms imported from Canada
The Department of Commerce (DOC) has initiated an investigation into alleged subsidies for the export of fresh mushrooms from Canada. The investigation, which was initiated on an unspecified date, will see questionnaires being issued to the selected companies from Canada, as well as the Government of Canada. The questionnaire will seek information about the alleged subsidies for the most recently completed fiscal year (2024), as well as for prior years. DOC will choose the two or three largest foreign exporters to respond to the questionnaire, referred to as "mandatory respondents." It is also likely that one or more supplemental questionnaires will be issued seeking clarification or additional information. After the issuance of the ITC Staff report, parties will have approximately one week to submit prehearing briefs presenting their arguments supporting or opposing an affirmative determination of material injury (or threat thereof). Following this, the ITC Staff will conduct a conference around October 7, 2025, and parties will have an opportunity to present oral testimony and answer ITC Staff's questions. Normally one week after the deadline for prehearing briefs, the ITC holds a public hearing. After the hearing, the parties have approximately one week to prepare posthearing briefs, which typically focus on rebutting the other side's arguments and answering specific questions raised by the Commissioners at the hearing. Within 65 days after the CVD investigation is initiated, DOC must make a preliminary determination of whether subsidization exists and, if so, the estimated CVD rate for each company investigated. If DOC makes an affirmative preliminary determination, Customs and Border Protection (CBP) will suspend liquidation of entries of fresh mushrooms from Canada and require importers to provide CVD cash deposits equal to the preliminary CVD rate calculated for the exporter multiplied by the entered value of the merchandise. If DOC's final determination is affirmative, the case proceeds to the ITC for a final injury determination. The ITC will make a preliminary determination of injury by October 31, 2025. If the ITC makes an affirmative preliminary determination, a final determination will be made by the end of the year. It is worth noting that there is no information available regarding the three largest exporters of fresh mushrooms from Canada involved in the 2025 anti-dumping and countervailing investigations. The table below provides key deadlines for the Anti-Dumping (AD) and Countervailing Duties (CVD) proceedings, assuming full extensions of the statutory deadlines and "alignment" of the final AD and CVD determinations.
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