Document

Fresh Mushrooms From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

The U.S. Department of Commerce (Commerce) preliminarily determines that fresh mushrooms from Canada are being, or are likely to be, sold in the United States at less than fair ...

Department of Commerce
International Trade Administration
  1. [A-122-873]

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that fresh mushrooms from Canada are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2024, to June 30, 2025. Interested parties are invited to comment on this preliminary determination.

DATES:

Applicable July 17, 2026.

FOR FURTHER INFORMATION CONTACT:

Brittany Bauer, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3860.

SUPPLEMENTARY INFORMATION:

Background

This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 8, 2026.[1] On May 4, 2026, Commerce postponed the preliminary determination of this investigation by 50 days, and the revised deadline is now July 13, 2026.[2]

For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.[3] A list of the topics discussed in the Preliminary Decision Memorandum is attached as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/​frnotices.

Scope of the Investigation

The merchandise subject to this investigation is fresh mushrooms from Canada. For a complete description of the scope of the investigation, see Appendix I.

Scope Comments

In accordance with the Preamble to Commerce's regulations,[4] the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage ( i.e., scope). Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.[5] Commerce is soliciting comments on potential modifications to the scope language as it appeared in the Initiation Notice. See Preliminary Scope Decision Memorandum.

Methodology

Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price and constructed export price in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

All-Others Rate

Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated weighted-average dumping margin, i.e., the all-others rate, for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

In this investigation, Commerce calculated estimated weighted-average dumping margins for Champ's Fresh Farms Inc. and Loveday Mushroom Farms Ltd. (collectively, Champs), Farmers' Fresh Mushrooms, Inc. (Farmers' Fresh), and Highline Produce Limited and Highline Mushrooms West Ltd. (collectively, Highline), that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents, based on publicly-ranged figures provided by the respondents.[6]

Preliminary Determination

Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:

Exporter or producer Estimated weighted-average dumping margin (percent)
Champ's Fresh Farms Inc./Loveday Mushroom Farms Ltd 8.71
( printed page 44807)
Farmers' Fresh Mushrooms, Inc./Farmers' Fresh Farm Management Ltd./Five Star Mushrooms Ltd./Ross Land Mushroom Farm Ltd./1134017 B.C. Ltd./Truong Holdings Inc 2.00
Highline Produce Limited/Highline Mushrooms West Ltd 11.80
All Others 8.26

Suspension of Liquidation and Cash Deposit Requirements

In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register . Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit for estimated antidumping duties, as follows: (1) the cash deposit rate for subject merchandise exported by respondents will be equal to the company-specific estimated weighted-average dumping margin determined in this preliminary determination; (2) if the exporter is not a company identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin.

Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. However, in the companion CVD investigation of fresh mushrooms from Canada, Commerce preliminarily found no export subsidies; accordingly, we did not make an export subsidy offset to the estimated weighted-average dumping margins in this preliminary determination.[7]

These suspension of liquidation instructions and cash deposit requirements will remain in effect until further notice.

Disclosure

Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

Consistent with 19 CFR 351.224(e), Commerce will analyze and, if appropriate, correct any timely allegations of significant ministerial errors by amending the preliminary determination. However, consistent with 19 CFR 351.224(d), Commerce will not consider incomplete allegations that do not address the significance standard under 19 CFR 351.224(g) following the preliminary determination. Instead, Commerce will address such allegations in the final determination together with issues raised in the case briefs or other written comments.

Verification

As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination.

Public Comment

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation.[8] Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.[9] Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[10]

As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we request that interested parties provide at the beginning of their briefs a public executive summary for each issue raised in their briefs.[11] Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[12]

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants, and whether any participant is a foreign national; and (3) a list of issues to be discussed. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.

Postponement of Final Determination and Extension of Provisional Measures

Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. ( printed page 44808) Section 351.210(e)(2) of Commerce's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.

Between June 16 and 18, 2026, pursuant to 19 CFR 351.210(e), Champs, Farmers' Fresh and Highline requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.[13] On June 18, 2026, the petitioners [14] timely requested that Commerce postpone the deadline for the final determination in the event of a negative preliminary determination.[15] In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination.

U.S. International Trade Commission (ITC) Notification

In accordance with section 733(f) of the Act, Commerce will notify the ITC of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

Dated: July 13, 2026.

Christopher Abbott,

Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

The merchandise covered by this investigation 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 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) 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 this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Period of Investigation

IV. Scope Comments

V. Affiliation and Collapsing

VI. Discussion of the Methodology

VII. Currency Conversion

VIII. Recommendation

Footnotes

1.   See Fresh Mushrooms from Canada: Initiation of Less Than Fair Value Investigation,91 FR 663 (January 8, 2026) ( Initiation Notice).

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2.   See Fresh Mushrooms from Canada: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation,91 FR 23966 (May 4, 2026).

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3.   See Memorandum, “Decision Memorandum for the Preliminary Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Fresh Mushrooms from Canada,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

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4.   See Antidumping Duties; Countervailing Duties; Final Rule,62 FR 27296, 27323 (May 19, 1997) ( Preamble).

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5.   See Memorandum, “Less-Than-Fair-Value Investigation and Countervailing Duty Investigation of Fresh Mushrooms from Canada: Preliminary Scope Decision Memorandum,” dated concurrently with, and hereby adopted by, this notice (Preliminary Scope Decision Memorandum).

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6.  For a complete analysis of the data, see Memorandum, “Preliminary Calculation of All-Others Rate,” dated concurrently with this determination.

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7.   See Fresh Mushrooms from Canada: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination,91 FR 28571 (May 18, 2026), and accompanying Preliminary Decision Memorandum.

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8.   See 19 CFR 351.309(c)(1)(i); see also19 CFR 351.303 (for general filing requirements).

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9.   See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29, 2023) ( APO and Service Procedures).

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11.  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

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12.   See APO and Service Procedures.

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13.   See Champs' Letter, “Champ's Mushrooms' Request for Postponement of the Department's Antidumping Duty Final Determination,” dated June 16, 2026; see also Farmers' Fresh's Letter, “Farmers' Fresh Request to Postpone Final Determination,” dated June 18, 2026; and Highline's Letter, “Request for Postponement of Final Determination and Extension of Provisional Measures,” dated June 17, 2026.

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14.  The petitioners are the Fresh Mushrooms Fair Trade Coalition and its individual members.

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15.   See Petitioners' Letter, “Petitioners' Request to Postpone the Final Determinations,” dated June 18, 2026.

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[FR Doc. 2026-14422 Filed 7-16-26; 8:45 am]

BILLING CODE 3510-DS-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 44806

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Suggested Web Citation

Use this when citing the archival web version of the document.

“Fresh Mushrooms From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures,” thefederalregister.org (July 17, 2026), https://thefederalregister.org/documents/2026-14422/fresh-mushrooms-from-canada-preliminary-affirmative-determination-of-sales-at-less-than-fair-value-postponement-of-final.