March 26, 2010
News Release 10-026
Inv. Nos. 731-TA-776-779 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS
CONCERNING PRESERVED MUSHROOMS
FROM CHILE, CHINA, INDIA, AND INDONESIA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determinations, the existing orders on imports of this product from Chile, China, India, and Indonesia will remain in place.
Chairman Shara L. Aranoff and Commissioners Deanna Tanner Okun, Charlotte R. Lane, Irving A. Williamson, and Dean A. Pinkert voted in the affirmative. Vice Chairman Daniel R. Pearson voted in the affirmative with respect to Chile, China, and India and in the negative with respect to Indonesia.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Preserved Mushrooms from Chile, China, India,and Indonesia (Inv. Nos. 731-TA-776-779 (Second Review), USITC Publication 4135, April 2010) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after April 30, 2010, by emailing firstname.lastname@example.org, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Preserved Mushrooms from Chile, China, India, and Indonesia was instituted on October 1, 2009.
On January 4, 2010, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission's vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.