[Federal Register: November 17, 2004 (Volume 69, Number 221)]
[Notices]               
[Page 67308-67309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no04-26]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-804, A-570-851, A-533-813, A-560-802]

 
Continuation of Antidumping Duty Orders on Certain Preserved 
Mushrooms From Chile, the People's Republic of China, India, and 
Indonesia

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

ACTION: Notice of continuation of antidumping duty orders on certain 
preserved mushrooms from Chile, the People's Republic of China, India, 
and Indonesia.

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SUMMARY: The Department of Commerce (``the Department'') has determined 
that revocation of the antidumping duty orders on certain preserved 
mushrooms (``mushrooms'') from Chile, the People's Republic of China 
(``China''), India, and Indonesia, would likely lead to continuation or 
recurrence of dumping. On November 1, 2004, the International Trade 
Commission (``ITC''), pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty orders on certain preserved mushrooms from Chile, 
China, India, and Indonesia would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. Therefore, pursuant to 19 CFR 
351.218(f)(4), the Department is publishing notice of the continuation 
of the antidumping duty orders on mushrooms from Chile, China, India, 
and Indonesia.

DATES: Effective November 17, 2004.
    Contact Information: Martha V. Douthit, Office of Policy, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; 
telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2003, the Department initiated, and the ITC 
instituted, sunset reviews of the antidumping duty orders on mushrooms 
from Chile, China, India, and Indonesia, pursuant to section 751(c) of 
the Act.\1\ As a result of its review, the Department found that 
revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping and notified the ITC of the 
magnitude of the margins likely to prevail were the order revoked.\2\ 
On November 1, 2004, the ITC determined pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty orders on mushrooms 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\3\
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    \1\ See Initiation of Five-year (``Sunset'') Reviews, 68 FR 
62280 and 68 FR 62322 (November 3, 2003).
    \2\ See Certain Preserved Mushrooms from Chile, India, Indonesia 
and The People's Republic of China; Final Results of Expedited 
Sunset Reviews of Antidumping Duty Orders, 69 FR 11384 (March 10, 
2004).
    \3\ See Certain Preserved Mushrooms from Chile, China, India, 
and Indonesia, 69 FR 63408 (November 1, 2004), and USITC Publication 
3731, Investigation Nos. 731-TA-776-779 (November 1, 2004) (Review).
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Scope of Orders

    The products subject to these orders are imported certain preserved 
mushrooms whether imported whole, sliced, diced, or as stems and 
pieces. The preserved mushrooms covered under the orders 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. Included within the 
scope of these orders are ``brined'' mushrooms, which are presalted and 
packed in a heavy salt solution to provisionally preserve them for 
further processing. Also included within the scope of these orders, as 
of June 19, 2000, are marinated, acidified, or pickled mushrooms 
containing less than 0.5 percent acetic acid. Excluded from the scope 
of these orders 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; and (4) frozen mushrooms. The merchandise subject to these 
orders were previously classifiable under subheadings 2003.10.0027, 
2003.10.0031, 2003.10.0037, 2003.10.0043, 2003.10.0047, 2003.10.0053, 
and 0711.90.4000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of these orders is dispositive. As of January 1, 2002, the HTSUS codes 
are as follows: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, 0711.51.0000.

Determination

    As a result of the determinations by the Department and ITC that 
revocation of these antidumping duty orders would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on mushrooms from Chile, China, India, and Indonesia. The 
effective date of continuation of these orders will be the date of 
publication in the Federal Register of this Notice of Continuation. 
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department 
intends to initiate the next five-year reviews of these orders not 
later than October 2009.
    The five-year (``sunset'') reviews and notice are published in 
accordance with sections 751(c), 752 and 777(i)(1) of the Act.


[[Page 67309]]


    Dated: November 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3175 Filed 11-16-04; 8:45 am]
BILLING CODE 3510-DS-P