US Food Company Files Motion for Judgment in Case to Revisit Dutch Mushroom Importer’s 0% AD Rate

The Commerce Department shouldn't have granted a de minimis antidumping duty rate to a respondent in the AD investigation on preserved mushrooms from the Netherlands, the domestic petitioner for the investigation argued in a motion for judgment filed at the Court of International Trade Nov. 21 (Giorgio Foods v. U.S., CIT # 23-00133).

Giorgio Foods argued that Commerce shouldn't have used Germany as a comparison market during its calculations for Dutch mushroom exporter Prochamp, nor should it have accepted that Prochamp cooperated to the best of its ability. Merchandise produced and exported by Prochamp was exempted from the AD order as a result of the de minimis rate.

Giorgio filed its initial complaint July 21, in which it made similar arguments against Prochamp (see 2307240018).

During the investigation, Prochamp said its home market sales were too slim for a proper comparison to determine AD margins and recommended Commerce instead use its second largest sales market after the U.S., Germany, which Commerce did. Giorgio argued Germany was not a direct match for the U.S. market because Prochamp’s products there were sold in different quantities. Another market, France, should have been used, it said.

Giorgio also questioned Prochamp’s transparency throughout Commerce’s investigation. Commerce determined the Dutch importer didn't withhold information or impede the department’s investigation, but Giorgio said Prochamp didn't provide several records when asked by Commerce, claiming it didn't possess them.