Notice of Antidumping Duty Order: Certain Preserved Mushrooms From Indonesia

DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-802]

Notice of Antidumping Duty Order: Certain Preserved Mushrooms

From Indonesia

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: February 19, 1999.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Mary Jenkins,

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) 482-1756,

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

For purposes of this investigation, the products covered are

certain preserved mushrooms whether imported whole, sliced, diced, or

as stems and pieces. The preserved mushrooms covered under this

investigation 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 investigation 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 this investigation 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 investigation is 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 (``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 February 12, 1999, 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,'' within the meaning of

section 735(b)(1)(A) of the Act, by reason of imports of certain

preserved mushrooms from Indonesia. Therefore, in accordance with

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

States Customs

[[Page 8311]]

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 Indonesia. These antidumping duties will be assessed on all

unliquidated entries of the subject merchandise from PT Dieng Djaya/PT

Surya Jaya Abadi Perkasa that are entered, or withdrawn from warehouse,

for consumption on or after December 31, 1998, the date on which the

Department published its final determination notice in the Federal

Register (63 FR 72268).

In addition, these antidumping duties will be assessed on all

unliquidated entries of the subject merchandise from PT Zeta Agro

Corporation and all other exporters/producers that are 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, U.S. 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

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

PT Dieng Djaya/PT Surya Jaya Abadi Perkasa.............. 7.94

PT Zeta Agro Corporation................................ 22.84

All Others.............................................. 11.26

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

This notice constitutes the antidumping duty order with respect to

certain preserved mushrooms from Indonesia, 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 and 19 CFR 351.211.

Dated: February 16, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-4200 Filed 2-18-99; 8:45 am]

BILLING CODE 3510-DS-P