50818 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

either the public or BPI service list), and 

a certificate of service must be timely 

filed. The Secretary will not accept a 

document for filing without a certificate 

of service. 

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.12 of the 

Commission’s rules. 

Issued: September 25, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–23627 Filed 9–30–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–776–779 

(Second Review)] 

Preserved Mushrooms From Chile, 

China, India, and Indonesia 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of five-year reviews 

concerning the antidumping duty orders 

on preserved mushrooms from Chile, 

China, India, and Indonesia. 

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). 

DATES: Effective Date: October 1, 2009. 

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 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

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. 

SUPPLEMENTARY 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 five-year 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 five-year 

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 five-year 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 

five-year 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 five-year 

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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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50819 

Agency Ethics Official, at 202–205– 

3088. 

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 E-mail 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 3–5 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 E-mail 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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50820 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

(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, 

duty-paid 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. E9–23564 Filed 9–30–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–658] 

In the Matter of Certain Video Game 

Machines and Related ThreeDimensional Pointing Devices; Notice 

of Commission Decision Not To 

Review an Initial Determination 

Terminating the Investigation Based 

on a Settlement Agreement 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 

judge’s initial determination (‘‘ID’’) 

(Order No. 44) granting a joint motion 

to terminate the above-captioned 

investigation based on a settlement 

agreement. 

FOR FURTHER INFORMATION CONTACT: 

Daniel E. Valencia, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–1999. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone (202) 205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server at http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on September 23, 2008, based on a 

complaint filed by Hillcrest 

Laboratories, Inc. of Rockville, 

Maryland (‘‘Hillcrest’’), alleging 

violations of section 337 of the Tariff 

Act of 1930 (19 U.S.C. **1337) in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 


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