On April 22, 2019, Petitioner the Dried Tart Cherry Trade Committee filed a petition for the imposition of antidumping and countervailing duties on imports of dried tart cherries from the Republic of Turkey.

SCOPE OF THE INVESTIGATION

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 this investigation 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 this investigation 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 this investigation; the scope does not include the non-subject components of such products.

Included in the scope of this investigation 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 this investigation 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.

PETITIONERS

The Dried Tart Cherry Trade Committee member companies:

Cherry Central Cooperative

1771 North US 31, South

Traverse City, MI 49684

 

Graceland Fruit, Inc.

1123 Main Street

Frankfort, MI 49635

 

Payson Fruit Growers Coop

1201 West 800 South

Payson, UT 84651

 

Shoreline Fruit, LLC

10850 E. Traverse Hwy, Suite 4001

Traverse City, MI 49684

 

Smeltzer Orchard Co.

6032 Joyfield Rd

Frankfort, MI 49635

COUNSEL FOR PETITIONERS

Roger B. Schagrin

SCHAGRIN ASSOCIATES

900 Seventh Street NW

Washington, D.C. 20001

NAMED PRODUCERS/EXPORTERS

For a list of foreign products/exporters alleged by Petitioner, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed April 22, 2019
DOC Initiation May 13, 2019
ITC Preliminary Investigation:
Questionnaires Due May 7, 2019
Request to appear at hearing May 13, 2019
Hearing May 14, 2019
Briefs May 20, 2019
ITC Vote June 6, 2019
DOC Preliminary Antidumping Determination September 29, 2019
DOC Preliminary CVD Determination July 16, 2019
DOC Final Antidumping Determination December 13, 2019
DOC Final CVD Determination September 29, 2019
ITC Final Determination January 27, 2020

 ALLEGED DUMPING MARGIN

Turkey: 628.9%

ALLEGED SUBSIDIES

For a list of alleged countervailing duty programs, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE

2016 2017 2018
Turkey
Quantity (Pounds) 413,893 826,430 1,511,977
Value ($) 380,281 719,820 1,349,720
AUV ($/Pound) .92 .87 .89

CONTACT US

For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.