[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Notices]
[Pages 2693-2694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1095]
[[Page 2693]]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-776-779 (Preliminary)]
Certain Preserved Mushrooms From Chile, China, India, and
Indonesia
AGENCY: United States International Trade Commission.
ACTION: Institution of antidumping investigations and scheduling of
preliminary phase investigations.
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SUMMARY: The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase antidumping
investigations Nos. 731-TA-776-779 (Preliminary) under section 733(a)
of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine
whether there is a reasonable indication that 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 imports from Chile, China, India, and Indonesia
of certain preserved mushrooms,\1\ provided for in subheadings
0711.90.40 and 2003.10.00 of the Harmonized Tariff Schedule of the
United States, that are alleged to be sold in the United States at less
than fair value. Unless the Department of Commerce extends the time for
initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C.
1673a(c)(1)(B)), the Commission must reach a preliminary determination
in antidumping investigations in 45 days, or in this case by February
20, 1998. The Commission's views are due at the Department of Commerce
within five business days thereafter, or by February 27, 1998.
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\1\ The imported products subject to these investigations
consist of certain preserved mushrooms, whether imported whole,
sliced, or as stems and pieces. The preserved mushrooms covered
under the investigations are of the species 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, or butter (or butter sauce). Preserved
mushrooms may be imported whole, sliced, or as stems and pieces.
Included within the scope of the petition 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 petition 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); and (5) ``marinated,'' ``acidified,'' or ``pickled''
mushrooms, which are packed with solutions such as oil, vinegar, or
acetic acid (HTS subheading 2001.90.39).
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For further information concerning the conduct of these
investigations 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 B (19 CFR
part 207), as amended in 61 FR 37818 (July 22, 1996).
EFFECTIVE DATE: January 6, 1998.
FOR FURTHER INFORMATION CONTACT: Olympia DeRosa 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 or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.--These investigations are being instituted in response
to a petition filed on January 6, 1998, by L.K. Bowman, Inc.,
Nottingham, PA; Modern Mushroom Farms, Inc., Avondale, 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 (other than petitioners) wishing to participate in the
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in sections 201.11 and 207.10
of the Commission's rules, not later than seven days after publication
of this notice in the Federal Register. 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 investigations. The Secretary will
prepare a public service list containing the names and addresses of all
persons, or their representatives, who are parties to this
investigation upon the expiration of the period for filing entries of
appearance.
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 these investigations available to authorized
applicants representing interested parties (as defined in 19 U.S.C.
1677(9)) who are parties to the investigations under the APO issued in
the investigations, provided that the application is made not later
than seven days after the publication of this notice in the Federal
Register. A separate service list will be maintained by the Secretary
for those parties authorized to receive BPI under the APO.
Conference.--The Commission's Director of Operations has scheduled
a conference in connection with these investigations for 9:30 a.m. on
January 27, 1998, at the U.S. International Trade Commission Building,
500 E Street SW., Washington, DC. Parties wishing to participate in the
conference should contact Olympia DeRosa Hand (202-205-3182) not later
than January 23, 1998, to arrange for their appearance. Parties in
support of the imposition of antidumping duties in these investigations
and parties in opposition to the imposition of such duties will each be
collectively allocated one hour within which to make an oral
presentation at the conference. A nonparty who has testimony that may
aid the Commission's deliberations may request permission to present a
short statement at the conference.
Written submissions.--As provided in sections 201.8 and 207.15 of
the Commission's rules, any person may submit to the Commission on or
before January 30, 1998, a written brief containing information and
arguments pertinent to the subject matter of the investigations.
Parties may file written testimony in connection with their
presentation at the conference no later than three days before the
conference. If briefs or written testimony contain BPI, they must
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules.
In accordance with sections 201.16(c) and 207.3 of the 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 207.12 of the Commission's rules.
By order of the Commission.
[[Page 2694]]
Issued: January 12, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-1095 Filed 1-15-98; 8:45 am]
BILLING CODE 7020-02-P
