[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
