[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Notices]
[Pages 10411-10412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5398]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-776-779 (Preliminary)]


Certain Preserved Mushrooms From Chile, China, India, and 
Indonesia

Determinations

    On the basis of the record 1 developed in the subject 
investigations, the United States International Trade Commission 
unanimously determines, pursuant to section 733(a) of the Tariff Act of 
1930 (19 U.S.C. 1673b(a)), that there is a reasonable indication that 
an industry in the United States is materially injured by reason of 
imports from Chile, China, India, and Indonesia of certain preserved 
mushrooms, 2 provided for in subheadings 0711.90.40, 
2003.10.27, 2003.10.31, 2003.10.37, 2003.10.43,

[[Page 10412]]

2003.10.47, and 2003.10.53 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be sold in the United States at less 
than fair value (LTFV).
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ For purposes of these investigations, certain prepared 
mushrooms are of the species Agaricus bisporus and Agaricus 
bitorquis, whether imported whole, sliced, diced, or as stems and 
pieces. ``Preserved mushrooms'' refers to mushrooms that have been 
prepared or preserved by cleaning, blanching, and sometimes slicing 
or cutting. These mushrooms are then packed and heated in 
containers, including but not limited to cans or glass jars, in a 
suitable medium that may include, but is not limited to, water, 
brine, or butter (or butter sauce). Included within the scope of the 
investigations are ``brined'' mushrooms, which are presalted and 
packed in a heavy salt solution to provisionally preserve them for 
further processing. Excluded from the scope of the investigations 
are: (1) All other species of mushroom, including straw mushrooms; 
(2) all fresh and chilled mushrooms, including ``refrigerated'' or 
``quick blanched'' mushrooms; (3) dried mushrooms; (4) frozen 
mushrooms; and (5) ``marinated,'' ``acidified,'' or ``pickled'' 
mushrooms, which are prepared or preserved by means of vinegar or 
acetic acid, but may contain oil or other additives.
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules upon notice from the 
Department of Commerce (Commerce) of an affirmative preliminary 
determination in any of the investigations under section 733(b) of the 
Act, or, if the preliminary determinations are negative, upon notice of 
an affirmative final determination in any of the investigations under 
section 735(a) of the Act. Parties that filed entries of appearance in 
the preliminary phase of the investigations need not enter a separate 
appearance for the final phase of the investigations. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On January 6, 1998, a petition was filed with the Commission and 
the Department of Commerce by the Coalition for Fair Preserved Mushroom 
Trade, 3 alleging that an industry in the United States is 
materially injured and threatened with material injury by reason of 
LTFV imports of certain preserved mushrooms from Chile, China, India, 
and Indonesia. Accordingly, effective January 6, 1998, the Commission 
instituted antidumping investigations Nos. 731-TA-776-779 
(Preliminary).
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    \3\ The Coalition's member firms are L.K. Bowman, Inc., 
Nottingham, PA; Modern Mushroom Farms, Inc., Toughkenamon, PA; 
Monterey Mushrooms, Inc., Watsonville, CA; Mount Laurel Canning 
Corp., Temple, PA; Mushroom Canning Co., Kennett Square, PA; Sunny 
Dell Foods, Inc., Oxford, PA; and United Canning Corp., North Lima, 
OH.
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    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of January 16, 1998 (63 FR 2693). The 
conference was held in Washington, DC, on January 27, 1998, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on February 20, 1998. The 
views of the Commission are contained in USITC Publication 3086 
(February 1998), entitled ``Certain Preserved Mushrooms from Chile, 
China, India, and Indonesia: Investigations Nos. 731-TA-776-779 
(Preliminary).''

    Issued: February 25, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-5398 Filed 3-2-98; 8:45 am]
BILLING CODE 7020-02-P