Federal Register: October 1, 2009 (Volume 74, Number 189)
DOCID: fr01oc09-111 FR Doc E9-23564
INTERNATIONAL TRADE COMMISSION
International Trade Commission
NOTICE: NOTICES
DOCID: fr01oc09-111
ACTION: Investigations:
DOCUMENT ACTION: Institution of five-year reviews concerning the antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia.
SUBJECT CATEGORY:
Preserved Mushrooms From Chile, China, India, and Indonesia
DATES: Effective Date: October 1, 2009.
DOCUMENT SUMMARY:
The Commission hereby gives notice that it has instituted reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is November 2, 2009. Comments on the adequacy of responses may be filed with the Commission by December 15, 2009. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January 16, 2009).
SUMMARY:
Preserved Mushrooms from Chile, China, India, and Indonesia,
SUPPLEMENTAL INFORMATION
Background.--On December 2, 1998, the Department of Commerce (``Commerce'') issued an antidumping duty order on imports of preserved mushrooms from Chile (63 FR 66529) and on February 19, 1999, Commerce issued antidumping duty orders on imports of preserved mushrooms from China, India, and Indonesia (64 FR 8308 8312). Commerce subsequently revoked in part the order on imports from Indonesia (68 FR 39521, July 2, 2003). Following fiveyear reviews by Commerce and the Commission, effective November 17, 2004, Commerce issued a continuation of the antidumping duty orders on imports of preserved mushrooms from Chile, China, India, and Indonesia (69 FR 67308). The Commission is now conducting second reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct full reviews or expedited reviews. The Commission's determinations in any expedited reviews will be based on the facts available, which may include information provided in response to this notice.
Definitions.The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the fiveyear reviews, as defined by Commerce.
(2) The Subject Countries in these reviews are Chile, China, India, and Indonesia.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations and its full fiveyear review determinations, the
Commission found one domestic like product consisting of preserved
mushrooms corresponding to the scope of Commerce's investigations.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations and
its full fiveyear review determinations, the Commission defined the
Domestic Industry to consist of all domestic producers of preserved
mushrooms. Certain Commissioners defined the Domestic Industry differently in the original investigations.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or through its selling agent.
Participation in the reviews and public service list.Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the reviews as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the reviews.
Former Commission employees who are seeking to appear in Commission
fiveyear reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation. The Commission's designated agency
ethics official has advised that a fiveyear review is not considered
the ``same particular matter'' as the corresponding underlying original
investigation for purposes of 18 U.S.C. 207, the post employment
statute for Federal employees, and Commission rule 201.15(b) (19 CFR
201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in
consultation with the Office of Government Ethics. Consequently, former
employees are not required to seek Commission approval to appear in a
review under Commission rule 19 CFR 201.15, even if the corresponding
underlying original investigation was pending when they were Commission
employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy
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Agency Ethics Official, at 2022053088.
Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list. Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made no later than 21 days after publication of this notice in the Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the reviews. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.
Certification.Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with these reviews must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is November 2, 2009. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct expedited or full reviews. The deadline for filing such comments is December 15, 2009. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the reviews you do not need to serve your response).
Inability to provide requested information.Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information to be provided in response to this notice of
institution: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and Email address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 2003.
(7) A list of 35 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and Email address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2008, except as noted (report quantity
data in pounds, drained weight, and value data in U.S. dollars, f.o.b.
plant). If you are a union/worker group or trade/business association,
provide the information, on an aggregate basis, for the firms in which
your workers are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (i.e., the level of production that your establishment(s) could
reasonably have expected to attain during the year, assuming normal
operating conditions (using equipment and machinery in place and ready
to operate), normal operating levels (hours per week/weeks per year),
time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix);
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(c) The quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); and
(d) The quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s).
(e) The value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject
Country(ies), provide the following information on your firm's(s')
operations on that product during calendar year 2008 (report quantity
data in pounds, drained weight, and value data in U.S. dollars). If you
are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a) The quantity and value (landed, dutypaid but not including
antidumping duties) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm's(s') imports;
(b) The quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country(ies), provide the following information on your
firm's(s') operations on that product during calendar year 2008 (report
quantity data in pounds, drained weight, and value data in U.S.
dollars, landed and dutypaid at the U.S. port but not including
antidumping duties). If you are a trade/business association, provide
the information, on an aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm's(s') production; and
(b) Capacity (quantity) of your firm to produce the Subject
Merchandise in each Subject Country (i.e., the level of production that
your establishment(s) could reasonably have expected to attain during
the year, assuming normal operating conditions (using equipment and
machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) The quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from each Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in each Subject Country after 2003, and significant
changes, if any, that are likely to occur within a reasonably
foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production
(including the shift of production facilities used for other products
and the use, cost, or availability of major inputs into production);
and factors related to the ability to shift supply among different
national markets (including barriers to importation in foreign markets
or changes in market demand abroad). Demand conditions to consider
include end uses and applications; the existence and availability of
substitute products; and the level of competition among the Domestic
Like Product produced in the United States, Subject Merchandise
produced in each Subject Country, and such merchandise from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules.
Issued: September 25, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E923564 Filed 93009; 8:45 am]
BILLING CODE 702002P
FOR FURTHER INFORMATION CONTACT
Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202205 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 2022052000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.