63 FR 66529, December 2, 1998 DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION [A-337-804] Notice of Antidumping Duty Order: Certain Preserved Mushrooms from Chile Wednesday, December 2, 1998 *66529 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: ------------------------------------------------------------------------- Exporter/manufacturer Weighted-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 END OF DOCUMENT