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PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON DRIED TART CHERRIES FROM THE REPUBLIC OF TURKEY (A-489-835 / C-489-836)

I.  Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”)

II.  Product:

The scope of these investigations covers dried tart cherries, which may also be referred to as dried sour cherries or dried red tart cherries. Dried tart cherries may be processed from any variety of tart cherries. Tart cherries are generally classified as Prunus cerasus. Types of tart cherries include, but are not limited to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and Oblacinska. Dried tart cherries are covered by the scope of this investigation regardless of the horticulture method through which the cherries were produced (e.g., organic or not).

Dried tart cherries are covered by the scope of these investigations whether or not they contain any added sugar or other sweetening matter, whether or not they are coated in oil or rice flour, whether infused or not infused, and regardless of the infusion ingredients, including sugar, sucrose, fruit juice, and any other infusion ingredients. The subject merchandise covers all shapes, sizes, and colors of dried tart cherries, whether pitted or unpitted, and whether whole, chopped, minced, crumbled, in granules, broken, or otherwise reduced in size. The scope covers dried tart cherries in all types of packaging, regardless of the size or packaging material.

Included in the scope of these investigations are dried tart cherries that otherwise meet the definition above that are packaged with non-subject products, including, but not limited to, mixtures of dried fruits and mixtures of dried fruits and nuts. Only the dried tart cherry components of such products are covered by these investigations; the scope does not include the non-subject components of such products.

Included in the scope of these investigations are all dried tart cherries produced in Turkey, including dried tart cherries that have been further processed in a third country, including but not limited to processing by sweetening, coating, chopping, mincing, crumbling, packaging with non-subject products, or other packaging, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in Turkey.

The scope of these investigations does not cover finished bakery and confectionery items (cakes, cookies, candy, etc.) that incorporate dried tart cherries as an ingredient.  The subject merchandise is currently classifiable under 0813.40.3000 of the Harmonized Tariff Schedule of the United States (HTSUS). The subject merchandise may also enter under subheadings 0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000, and 2008.60.0060. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.

III.  HTS Classifications:

The dried tart cherries that are the subject of this investigation are currently classifiable under 0813.40.3000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The subject merchandise may also enter under subheadings 0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000, and 2008.60.0060.

IV.  Date of Filing: April 23, 2019

V.  Petitioners: Dried Tart Cherry Trade Committee (Cherry Central Cooperative, Graceland Fruit, Inc., Payson Fruit Growers Coop, Shoreline Fruit, LLC and Smeltzer Orchard Co.)

VI.  Foreign Producers/Exporters:

Please contact our office for a list filed with the petition.

VII.  US Importers:

Please contact our office for a list filed with the petition.

VIII.  Alleged Dumping Margins (No CVD Margins Listed):

 628.90%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: May 14, 2019.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is August 21, 2019; CVD is June 22, 2019.

Please contact our office for a complete projected schedule for the AD and CVD investigations.

C.  Volume and Value of Imports:

Please contact our office for a summary of the data filed with the petition.

D.  List of Alleged Subsidy Programs:

Please contact our office for a list of alleged subsidy programs.

If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.

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