[Federal Register: January 16, 1998 (Volume 63, Number 11)]
[Notices]               
[Page 2693-2694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja98-74]


[[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