Certain Preserved Mushrooms From China, India, and Indonesia

[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Notices]
[Page 9178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4575]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-777-779 (Final)]


Certain Preserved Mushrooms From China, India, and Indonesia

Determinations

    On the basis of the record\1\ developed in the subject 
investigations, the United States International Trade Commission 
determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. Sec. 1673d(b)) (the Act), that an industry in the United States 
is materially injured by reason of imports from China, India, and 
Indonesia of certain preserved mushrooms, provided for in subheadings 
0711.90.40 and 2003.10.00 of the Harmonized Tariff Schedule of the 
United States, that have been found by the Department of Commerce to be 
sold in the United States at less than fair value (LTVF).\2\ Vice 
Chairman Miller and Commissioners Hillman and Koplan find that critical 
circumstances exist with respect to subject imports from China. 
Chairman Bragg and Commissioners Crawford and Askey find that critical 
circumstances do not exist with respect to subject imports from China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioners Crawford and Askey dissenting with regard to 
Indonesia.
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Background

    The Commission instituted these investigations effective January 6, 
1998, following receipt of a petition filed with the Commission and the 
Department of Commerce by the Coalition for Fair Preserved Mushroom 
Trade and its members: L.K. Bowman, Inc., Nottingham, PA; Modern 
Mushroom Farms, Inc., Toughkenamon, PA; Monterey Mushrooms, Inc., 
Watsonville, CA; Mount Laurel Canning Corp., Temple, PA; Mushroom 
Canning Co., Kennett Square, PA; Sunny Dell Foods, Inc., Oxford, PA; 
and United Canning Corp., North Lima, OH.\3\ The final phase of these 
investigations was scheduled by the Commission following notification 
of preliminary determinations by the Department of Commerce that 
imports of certain preserved mushrooms from China, India, and Indonesia 
were being sold at LTFV within the meaning of section 733(b) of the Act 
(19 U.S.C. Sec. 1673b(b)). Notice of the scheduling of the Commission's 
investigations and of a public hearing to be held in connection 
therewith was given by posting copies of the notice in the Office of 
the Secretary, U.S. International Trade Commission, Washington, DC, and 
by publishing the notice in the Federal Register of August 19, 1998 (63 
FR 44470). The hearing was held in Washington, DC, on October 15, 1998, 
and all persons who requested the opportunity were permitted to appear 
in person or by counsel.
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    \3\ On March 9, 1998, the Commission received notice that 
Southwood Farms, Hockessin, DE, had joined the petitioning 
coalition.
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    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on February 11, 1999. The views of the 
Commission are contained in USITC Publication 3159 (February 1999), 
entitled Certain Preserved Mushrooms from China, India, and Indonesia: 
Investigations Nos. 731-TA-777-779 (Final).

    By order of the Commission.
    Issued: February 19, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-4575 Filed 2-23-99; 8:45 am]
BILLING CODE 7020-02-M