The negative determinations resulted from 2-1 votes. Chairman Marcia E. Miller and Commissioner Carol T. Crawford voted in the negative. Vice Chairman Lynn M. Bragg voted in the affirmative.
The negative determinations mean that the ITC found that there is not a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports of butter cookies in tins from Denmark that are allegedly subsidized and sold in the United States at less than fair value. As a result of the negative determinations, the investigations are ended.
The Commission's public report Butter Cookies in Tins from Denmark (Investigations Nos. 701-TA-374 (Preliminary) and 731-TA-781 (Preliminary), USITC Publication 3092, March 1998) will contain the views of the Commission and information developed during the investigations.
Copies of the report are expected to be available after April 20, 1998, by calling 202-205-1809 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.
Product Description: The imported products subject to these investigations are butter cookies in tins. Butter cookies in tins are defined as flat baked sweet biscuits made from a mixture of ingredients which may include, but are not limited to butter, flour, eggs, and sugar. As defined by the U.S. Food and Drug Administration Compliance Policy Guide 7102.06, Chapter 5, Sec. 505.200, butter cookies are distinguishable from all other cookies in that "all of the shortening ingredient is butter." The butter cookies covered by these investigations are only those in hard containers ("tins"), which include, but are not limited to, those that are made of metal, and are round, printed with colorful decorative logos and/or pictures, and which have closeable lids. The merchandise subject to these investigations is classifiable under subheadings 1905.30.0041 and 1905.30.0049 of the Harmonized Tariff Schedule of the United States (HTS). Major U.S. purchasers of butter cookies in tins include national and regional drug chains, discount stores, club stores, mass merchandisers, and, to a lesser extent, supermarket chains.
Status of Proceedings: 1. Type of investigations: Preliminary antidumping and countervailing duty. 2. Petitioner: Hearthside Baking Company, Inc. (D/B/A Maurice Lenell Cooky Company), Chicago, IL. 3. Preliminary investigations instituted by the USITC: February 6, 1998. 4. Commission's conference: February 27, 1998. 5. USITC vote: March 20, 1998. 6. USITC determinations to the U.S. Department of Commerce: March 23, 1998. 7. USITC views due to the U.S. Department of Commerce: March 30, 1998. U.S. Industry: 1. Number of producers in 1997: Two. 2. Location of producers' plants: Chicago, IL, and Draper, UT. 3. Employment of production and related workers in 1997: 1/ 4. Apparent U.S. consumption in 1997: 1/ 5. Ratio of total U.S. shipments to total U.S. consumption in 1997: 1/ U.S. Imports: 1. From the subject country during 1997: 1/ 2. From other countries during 1997: 1/ 3. Leading source during 1997: Denmark (by value). _________________________ 1/ Withheld to avoid disclosure of business proprietary information.