MESSAGE NO: 8233111
DATE: 08 21 1998
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 851
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PERIOD COVERED:
05 07 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 CHINA
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
CHINA.
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 2003.10.0027, 2003.10.0031,
2003.10.0037, 2003.10.OO43, 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.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-851.
4.
BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS CERTAIN PRESERVED
MUSHROOMS
FROM CHINA, THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF
SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER MAY 7, 1998, WHICH IS 90 DAYS PRIOR TO THE DATE OF
PUBLICATIONOF THE PRELIMINARY DETERMINATION IN THE FEDERAL REGISTER.
EFFECTIVE
MAY 7,1998, CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE MARGINS SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
MARGIN PERCENTAGE
EXPORTER
NUMBER
RATE
CHINA PROCESSED FOOD CO.
XIAMEN JIAHUA I&E
TRADING CO., LTD
A-570-851-001
168.72
TAK FAT TRADING CO.
A-570-851-002
180.63
SHANZHEN COFRY CEREALS,
OILS, & FOODSTUFFS CO. LTD
A-570-851-003
189.61
GERBER (YUNNAN) FOOD CO.
A-570-851-004
176.78
JIANGSU CEREALS, OILS &
FOODSTUFFS GROUP IMPORT
A-570-851-005
176.78
EXPORT CORP.
FUJIAN PROVINCIAL CEREALS,
A-570-851-006
OILS & FOODSTUFFS I&E CORP.
176.78
PUTIAN CANNERY FUJIAN PROVINCE
A-570-851-007
176.78
XIAMEN GULONG I&E CO., LTD.
A-570-851-008
176.78
GENERAL CANNED FOODS FACTORY OF
ZHANGZHOU
A-570-851-009
176.78
ZHEJIANG CEREALS, OILS &
FOODSTUFFS I&E CORP.
A-570-851-010
176.78%
SHANGHAI FOODSTUFFS I&E CORP.
A-570-851-011
176.78%
CANNED GOODS CO. OF RAOPING
A-570-851-012
176.78%
PRC-WIDE RATE
A-570-851-000
198.63%
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 BRIAN SMITH, OFFICE OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-1766
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ