[Federal Register Volume 64, Number 33 (Friday, February 19, 1999)]
[Notices]
[Pages 8310-8311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4200]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-560-802]


Notice of Antidumping Duty Order: Certain Preserved Mushrooms 
From Indonesia

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 19, 1999.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Mary Jenkins, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-1756, 
respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of Commerce 
(``Department'') regulations are to the regulations at 19 CFR Part 351 
(1998).

Scope of Order

    For purposes of this investigation, the products covered are 
certain preserved mushrooms whether imported whole, sliced, diced, or 
as stems and pieces. The preserved mushrooms covered under this 
investigation are the species Agaricus bisporus and Agaricus bitorquis. 
``Preserved mushrooms'' refer 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, 
including but 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 investigation 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 this investigation are the following: 
(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.
    The merchandise subject to this investigation is classifiable under 
subheadings 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043, 
2003.10.0047, 2003.10.0053, and 0711.90.4000 of the Harmonized Tariff 
Schedule of the United States (``HTS''). Although the HTS subheadings 
are provided for convenience and Customs purposes, the written 
description of the merchandise under investigation is dispositive.

Antidumping Duty Order

    On February 12, 1999, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (ITC) notified the Department 
that a U.S. industry is ``materially injured,'' within the meaning of 
section 735(b)(1)(A) of the Act, by reason of imports of certain 
preserved mushrooms from Indonesia. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct the United 
States Customs

[[Page 8311]]

Service to assess, upon further advice by the Department, antidumping 
duties equal to the amount by which the normal value of the merchandise 
exceeds the export price and constructed export price of the 
merchandise for all relevant entries of certain preserved mushrooms 
from Indonesia. These antidumping duties will be assessed on all 
unliquidated entries of the subject merchandise from PT Dieng Djaya/PT 
Surya Jaya Abadi Perkasa that are entered, or withdrawn from warehouse, 
for consumption on or after December 31, 1998, the date on which the 
Department published its final determination notice in the Federal 
Register (63 FR 72268).
    In addition, these antidumping duties will be assessed on all 
unliquidated entries of the subject merchandise from PT Zeta Agro 
Corporation and all other exporters/producers that are entered, or 
withdrawn from warehouse, for consumption on or after August 5, 1998, 
the date on which the Department published its preliminary 
determination notice in the Federal Register (63 FR 41786).
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, the cash deposits 
listed below for the subject merchandise. The All Others rate applies 
to all exporters of subject merchandise not specifically listed below.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                  Exporter/manufacturer                   average margin
                                                            percentage
------------------------------------------------------------------------
PT Dieng Djaya/PT Surya Jaya Abadi Perkasa..............            7.94
PT Zeta Agro Corporation................................           22.84
All Others..............................................           11.26
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain preserved mushrooms from Indonesia, pursuant to section 736(a) 
of the Act. Interested parties may contact the Central Records Unit, 
Room B-099 of the Main Commerce Building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 16, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-4200 Filed 2-18-99; 8:45 am]
BILLING CODE 3510-DS-P