Notice of Antidumping Duty Order: Certain Preserved Mushrooms from Chile

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

[A-337-804]

Notice of Antidumping Duty Order: Certain Preserved Mushrooms

from Chile

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: December 2, 1998.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Katherine

Johnson, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone: (202) 482-4136 or (202) 482-4929,

respectively.

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Act''), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Act by the Uruguay Round Agreements Act (``URAA''). In addition,

unless otherwise indicated, all citations to the Department of Commerce

(``Department'') regulations are to the regulations at 19 CFR part 351,

(1998).

Scope of Order

The products covered by this order are certain preserved mushrooms

whether imported whole, sliced, diced, or as stems and pieces. The

preserved mushrooms covered by this order 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. Preserved mushrooms may be imported whole,

sliced, diced, or as stems and pieces. Included within the scope of the

order 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 order 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; (4) frozen mushrooms; 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.

The merchandise subject to this order is classifiable under

subheadings 2003.1000.27, 2003.1000.31, 2003.1000.37, 2003.1000.43,

2003.1000.47, 2003.1000.53, and 0711.90.4000 of the Harmonized Tariff

Schedule of the United States (``HTS''). Although the HTS subheadings

are provided for convenience and Customs purposes, the written

description of the merchandise under investigation is dispositive.

Antidumping Duty Order

On November 25, 1998, in accordance with section 735(d) of the Act,

the U.S. International Trade Commission (ITC) notified the Department

that a U.S. industry is materially injured by reason of imports of

certain preserved mushrooms from Chile, pursuant to section

735(b)(1)(A) of the Act. Therefore, in accordance with section

736(a)(1) of the Act, the Department will direct the United States

Customs Service to assess, upon further advice by the Department,

antidumping duties equal to the amount by which the normal value of the

merchandise exceeds the export price and constructed export price of

the merchandise for all relevant entries of certain preserved mushrooms

from Chile. These antidumping duties will be assessed on all

unliquidated entries of certain preserved mushrooms from Chile entered,

or withdrawn from warehouse, for consumption on or after August 5,

1998, the date on which the Department published its preliminary

determination notice in the Federal Register (63 FR 41786).

On or after the date of publication of this notice in the Federal

Register, Customs officers must require, at the same time as importers

would normally deposit estimated duties, the cash deposits listed below

for the subject merchandise. The All Others rate applies to all

exporters of subject merchandise not specifically listed below.

The weighted-average dumping margins are as follows:

------------------------------------------------------------------------

Weighted-

Exporter/manufacturer average margin

percentage

------------------------------------------------------------------------

Nature's Farm Products (Chile) S.A...................... 148.51

All Others.............................................. 148.51

------------------------------------------------------------------------

This notice constitutes the antidumping duty order with respect to

certain preserved mushrooms from Chile, pursuant to section 736(a) of

the Act. Interested parties may contact the Central Records Unit, Room

B-099 of the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

This order is published in accordance with section 736(a) of the

Act.

Dated: November 19, 1998.

Holly Kuga,

Acting Deputy Assistant Secretary for Import Administration.

[FR Doc. 98-32118 Filed 12-1-98; 8:45 am]

BILLING CODE 3510-DS-P