MESSAGE NO: 9365113 DATE: 12/31/1998

CATEGORY: ADA TYPE: FIN

REFERENCE: REFERENCE DATE:

CASES: A-533-813

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 INDIA
(A-533-813)

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 INDIA.

2\. THE PRODUCTS COVERED BY THIS DETERMINATION 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-533-813

4\. FOR IMPORTS OF CERTAIN PRESERVED MUSHROOMS FROM INDIA, THE CUSTOMS
SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF SHIPMENTS 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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 5, 1998.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 PERCENTAGE EXPORTER NUMBER RATE

AGRO DUTCH FOODS LTD. A-533-813-001 6.28% PONDS (INDIA) LTD.
A-533-813-002 14.19% ALPINE BIOTECH LTD. A-533-813-003 243.87% MANDEEP
MUSHROOMS A-533-813-004 243.87% ALL OTHERS A-533-813-000 10.87%

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
DAVID J. GOLDBERGER OR EVERETT KELLY, AD/CVD ENFORCEMENT, GROUP 2,
OFFICE 5 IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-4136 OR (202) 482-4194,
RESPECTIVELY. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

PAUL SCHWARTZ