[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Page 22369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9864]
[[Page 22369]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-337-804, A-533-813, A-560-802, A-570-851]
Certain Preserved Mushrooms From Chile, India, Indonesia, and the
People's Republic of China: Notice of Continuation of Antidumping Duty
Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC)
that revocation of the antidumping duty orders on certain preserved
mushrooms (mushrooms) from Chile, India, Indonesia, and the People's
Republic of China (PRC) would be likely to lead to continuation or
recurrence of dumping and of material injury to an industry in the
United States within a reasonably foreseeable time, the Department is
publishing notice of the continuation of these antidumping duty orders.
DATES: Effective Date: April 28, 2010.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Brandon Farlander, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2009, the Department initiated and the ITC instituted
sunset reviews of the antidumping duty orders on mushrooms from Chile,
India, Indonesia, and the PRC, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). See also Notice of Antidumping Duty
Order: Certain Preserved Mushrooms from Chile, 63 FR 66529 (December 2,
1998); Notice of Amendment of Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms from
India, 64 FR 8311 (February 19, 1999); Notice of Antidumping Duty
Order: Certain Preserved Mushrooms from Indonesia, 64 FR 8310 (February
19, 1999); and Notice of Amendment of Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Certain Preserved
Mushrooms from the People's Republic of China, 64 FR 8308 (February 19,
1999).
The Department conducted expedited sunset reviews of these orders.
As a result of its review, the Department found that revocation of the
antidumping duty orders would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the magnitude of the
margins likely to prevail were the orders to be revoked. See Certain
Preserved Mushrooms from Chile, India, Indonesia and the People's
Republic of China: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 74 FR 67170 (December 18, 2009) (Final
Results).
On April 15, 2010, the ITC published its determination pursuant to
section 751(c) of the Act, that revocation of the antidumping duty
orders on mushrooms from Chile, India, Indonesia, and the PRC would be
likely to lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time. See
Preserved Mushrooms from Chile, China, India, and Indonesia;
Determinations, 75 FR 19658 (April 15, 2010).
Scope of the Finding
The products covered under the mushrooms orders are 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 was 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 subheadings are as follows: 2003.10.0127,
2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153,
0711.51.0000.
Continuation of the Finding
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty orders would be likely to 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, India, Indonesia, and the PRC.
U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
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 section 751(c)(2) of the Act, the Department intends to
initiate the next five-year review of this finding not later than March
2015.
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: April 16, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-9864 Filed 4-27-10; 8:45 am]
BILLING CODE 3510-DS-P