Certain Preserved Mushrooms From Chile, India, Indonesia, and the People's Republic of China: Notice of Continuation of Antidumping Duty Orders, 22369 [2010-9864]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Page 22369]
From the Federal Register Online via the Government Printing 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