[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Notices]
[Pages 44470-44471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22304]


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INTERNATIONAL TRADE COMMISSION

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


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

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-776-779 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 
Sec. 1673d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from Chile, China, 
India, and Indonesia of certain preserved mushrooms, provided for in 
subheadings 0711.90.40 and 2003.10.00 (statistical reporting numbers 
2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043, 2003.10.0047, 
and 2003.10.0053) of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as certain preserved mushrooms, whether 
imported whole, sliced, diced, or as stems and pieces. The preserved 
mushrooms covered under the investigations are of the specie is 
Agaricus bisporus and Agaricus bitorquis. ``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 liquid medium that 
may include, but is not limited to, water, brine, butter, or butter 
sauce. Preserved mushrooms may be imported whole, sliced, diced, or 
as stems and pieces. 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 futher processing.
    Excluded from the scope of these investigations are: (1) all 
other species of mushroom, including straw mushrooms (HTS 
statistical reporting number 2003.10.0009); (2) all fresh and 
chilled mushrooms (HTS subheading 0709.51.00), including 
``refrigerated'' or ``quick blanched'' mushrooms; (3) dried 
mushrooms (HTS subheadings 0712.30.10 and 0712.30.20); (4) frozen 
mushrooms (HTS subheading 0710.80.20)p; 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 (HTS subheading 2001.90.39).
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: July 31, 1998.

FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of an affirmative preliminary determinations by 
the Department of Commerce that imports of certain preserved mushrooms 
from Chile, China, India, and Indonesia are being sold in the United 
States at less than fair value within the meaning of section 733 of the 
Act (19 U.S.C. Sec. 1673b). The investigations were requested in a 
petition filed on January 6, 1998, by L.K. Bowman, Inc., Nottingham, 
PA; Modern Mushroom Farms, Inc., Toughkenamon, PA; Monterrey 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.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
Sec. 1677(9), who are parties to the investigations. A party granted 
access to BPI in the preliminary phase of the investigations need not 
reapply for such access. A separate service list will be maintained by 
the Secretary for those parties authorized to receive BPI under the 
APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on October 
1, 1998, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on October 
15, 1998, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before October 6, 1998. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on October 8, 1998, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit

[[Page 44471]]

a prehearing brief to the Commission. Prehearing briefs must conform 
with the provisions of section 207.23 of the Commission's rules; the 
deadline for filing is October 8, 1998. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in section 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of section 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
October 22, 1998; witness testimony must be filed no later than three 
days before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the investigations 
on or before October 22, 1998. On November 10, 1998, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before November 13, 1998, for the investigation 
concerning Chile, and January 14, 1999, for the investigations 
concerning China, India, and Indonesia, but such final comments must 
not contain new factual information and must otherwise comply with 
section 207.30 of the Commission's rules. The Department of Commerce 
extended the date for its final determinations in the investigations 
concerning China, India, and Indonesia to December 17, 1998. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    Issued: August 13, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-22304 Filed 8-18-98; 8:45 am]
BILLING CODE 7020-02-P