98-32118. Notice of Antidumping Duty Order: Certain Preserved Mushrooms from Chile

[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Page 66529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32118]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION
[A-337-804]


Notice of Antidumping Duty Order: Certain Preserved Mushrooms 
from Chile

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

EFFECTIVE DATE: December 2, 1998.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Katherine 
Johnson, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: [phone] or [phone], 
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

    The products covered by this order are certain preserved mushrooms 
whether imported whole, sliced, diced, or as stems and pieces. The 
preserved mushrooms covered by this order 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 
order 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 order 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 order is classifiable under 
subheadings 2003.1000.27, 2003.1000.31, 2003.1000.37, 2003.1000.43, 
2003.1000.47, 2003.1000.53, 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 November 25, 1998, 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 by reason of imports of 
certain preserved mushrooms from Chile, pursuant to section 
735(b)(1)(A) of the Act. Therefore, in accordance with section 
736(a)(1) of the Act, the Department will direct the United States 
Customs 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 Chile. These antidumping duties will be assessed on all 
unliquidated entries of certain preserved mushrooms from Chile 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, 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
------------------------------------------------------------------------
Nature's Farm Products (Chile) S.A......................          148.51
All Others..............................................          148.51
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain preserved mushrooms from Chile, 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.

    Dated: November 19, 1998.
Holly Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 98-32118 Filed 12-1-98; 8:45 am]
BILLING CODE 3510-DS-P