MESSAGE NO: 9365112 DATE: 12/31/1998

CATEGORY: ADA TYPE: FIN

REFERENCE: REFERENCE DATE:

CASES: A-570-851

PERIOD COVERED: 08/05/1998

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,, PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: FINAL DETERMINATION FOR CERTAIN PRESERVED MUSHROOMS, FROM CHINA
(A-570-851)

1\. ON DECEMBER 31, 1998, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE
FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR
VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN PRESERVED
MUSHROOMS FROM THE PRC.

2\. THE PRODUCTS COVERED BY THIS INVESTIGATION 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, 2003.10.0043,
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\. WE HAVE DETERMINED THAT CRITICAL CIRCUMSTANCES EXIST WITH RESPECT TO
CERTAIN PRESERVED MUSHROOMS EXPORTED BY TAK FAT AND ALL OTHER COMPANIES
NOT NAMED SPECIFICALLY IN ITEM 5 BELOW. THEREFORE, THE CUSTOMS SERVICE
SHALL CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES FROM THESE COMPANIES
THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER MAY 7, 1998. EFFECTIVE DECEMBER 31, 1998, CUSTOMS SHALL REQUIRE
FOR ENTRIES A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS
SHOWN BELOW.

5\. THE DEPARTMENT FINDS THAT CRITICAL CIRCUMSTANCES DO NOT EXIST WITH
RESPECT TO CERTAIN PRESERVED MUSHROOMS EXPORTED BY CHINA PROCESSED FOOD
I&E CO./ XIAMEN JIAHUA I&E TRADING COMPANY, LTD.; SHENZHEN COFRY
CEREALS, OILS, & FOODSTUFFS CO., LTD.; GERBER (YUNNAN) FOOD CO.; JIANGSU
CEREALS, OIL & FOODSTUFFS GROUP IMPORT & EXPORT CORPORATION; FUJIAN
PROVINCIAL CEREALS, OILS & FOODSTUFFS I&E CORP.; PUTIAN CANNERY FUJIAN
PROVINCE; XIAMEN GULONG I&E CO. LTD.; GENERAL CANNED FOODS FACTORY OF
ZHANGZHOU; ZHEJIANG CEREALS, OILS & FOODSTUFFS I&E CORP.; SHANGHAI
FOODSTUFFS I&E CORP., AND CANNED GOODS CO. OF RAOPING. THEREFORE, THE
RETROACTIVE SUSPENSION OF LIQUIDATION ORDERED AT THE TIME OF THE
PRELIMINARY DETERMINATION IS HEREBY TERMINATED WITH RESPECT TO ENTRIES
OF CERTAIN PRESERVED MUSHROOMS FROM THESE COMPANIES. ACCORDINGLY, FOR
THESE COMPANIES, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF PRESERVED MUSHROOMS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION PRIOR TO AUGUST 5, 1998, AND
TO REFUND ANY CASH DEPOSIT AND RELEASE ANY BONDS OR OTHER SECURITY.
INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT
APPLY.

6\. THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF
SHIPMENTS FROM THE COMPANIES NAMED IN ITEM 5 ABOVE THAT ARE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 5, 1998.
EFFECTIVE DECEMBER 31, 1998, CUSTOMS SHALL REQUIRE FOR ENTRIES A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN CRITICAL EXPORTER NUMBER PERCENTAGE
CIRCUMSTANCES RATE

CHINA PROCESSED FOOD CO./ XIAMEN JIAHUA I&E TRADING CO., LTD
A-570-851-001 154.71 NO

TAK FAT TRADING CO. A-570-851-002 178.59 YES

SHENZHEN COFRY CEREALS, OILS, & FOODSTUFFS CO. LTD A-570-851-003 126.16
NO

GERBER (YUNNAN) FOOD CO. A-570-851-004 158.79 NO

JIANGSU CEREALS, OILS & FOODSTUFFS GROUP IMPORT A-570-851-005 158.79 NO
EXPORT CORP.

FUJIAN PROVINCIAL CEREALS, OILS & FOODSTUFFS I&E CORP. A-570-851-006
158.79 NO

PUTIAN CANNERY FUJIAN PROVINCE A-570-851-007 158.79 NO

XIAMEN GULONG I&E CO., LTD. A-570-851-008 158.79 NO

GENERAL CANNED FOODS FACTORY OF ZHANGZHOU A-570-851-009 158.79 NO

ZHEJIANG CEREALS, OILS & FOODSTUFFS I&E CORP. A-570-851-010 158.79 NO

SHANGHAI FOODSTUFFS I&E CORP. A-570-851-011 158.79 NO

CANNED GOODS CO. OF RAOPING A-570-851-012 158.79 NO

PRC-WIDE RATE A-570-851-000 198.63 YES

7\. 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
DAVID J. GOLDBERGER OR KATHERINE JOHNSON OFFICE OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,U.S.
DEPARTMENT OF COMMERCE, AT (202)482-4136 OR (202) 482-4929.

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ