MESSAGE NO: 8218118
DATE: 08 06 1998
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 560 - 802
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PERIOD COVERED:
08 05 1998
TO
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: PRELIMINARY DETERMINATION IN THE ADD INVESTIGATION
OF CERTAIN PRESERVED MUSHROOMS FROM INDONESIA
1.
ON AUGUST 5, 1998 THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION IN THE
ANTIDUMPING DUTY INVESTIGATION OF CERTAIN PRESERVED MUSHROOMS FROM
INDONESIA
2.
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 2003.10.27, 2003.10.31,
2003.10.37, 2003.10.43, 2003.10.47, 2003.10.53, 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.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-560-802.
4.
FOR IMPORTS OF CERTAIN PRESERVED MUSHROOMS FROM INDONESIA, THE
CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 5, 1998.
CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING
OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
(MARGIN/AD VALOREM)
EXPORTER
NUMBER
(PERCENTAGE/SUBSIDY RATE)
PT DIENG DJAYA/PT SURYA
JAYA ABADI PERKASA
A-560-802-001
11.24%
PT ZETA AGRO CORPORATION
A-560-802-002
29.58%
ALL OTHERS RATE
A-560-802-000
15.35%
5.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT MARY JENKINS, OFFICE OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-1756.
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ