Preserved mushrooms

UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Certain Preserved Mushrooms from the Netherlands, Poland, and Spain
Investigation Nos. 731-TA-1588-1590 (Final)
 

Product Description: Certain preserved mushrooms are mushrooms of the genus Agaricus that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heat sterilized in containers each holding a net drained weight of not more than 12 ounces (340.2 grams), 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. The final form of certain preserved mushrooms can be either whole, sliced, or as stems and pieces.

Status of Proceedings:

1. Type of investigation:  Final antidumping duty investigations.
2. Petitioner: Giorgio Foods, Inc., Blandon, Pennsylvania.
3. USITC Institution Date:  Thursday, March 31, 2022.
4. USITC Hearing Date:  Thursday, November 17, 2022.
5. USITC Vote Date:  Thursday, April 27, 2023.¹
6. USITC Notification to Commerce Date:  Thursday, May 11, 2023.

U.S. Industry in 2021:

1. Number of U.S. producers:  1.
2. Location of producer’s plants: Blandon, Pennsylvania.
3. Production and related workers: ²
4. U.S. producers’ U.S. shipments:  ²
5. Apparent U.S. consumption:  ²
6. Ratio of subject imports to apparent U.S. consumption:  ²

U.S. Imports in 2021:

1. Subject imports:  $65 million.
2. Nonsubject imports:  $15 million.
3. Leading import sources:  The Netherlands, Poland, France, and Spain.

1. Type of investigation:  Final antidumping duty investigation.
2. Petitioner:  Giorgio Foods, Inc., Blandon, Pennsylvania
3. USITC Institution Date:  Thursday, March 31, 2022.
4. USITC Hearing Date:  Thursday, November 17, 2022.
5. USITC Vote Date:  Monday, December 19, 2022.
6. USITC Notification to Commerce Date:  Thursday, January 12, 2023.

1. Number of U.S. producers:  1.
2. Location of producer’s plants: Blandon, Pennsylvania
3. Production and related workers:   
4. U.S. producers’ U.S. shipments:  ¹
5. Apparent U.S. consumption:  ¹
6. Ratio of subject imports to apparent U.S. consumption:  ¹

1. Subject imports:  $65 million.
2. Nonsubject imports:  $15 million.
3. Leading import sources:  Netherlands, Poland, France, and Spain.

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of 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. 

Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.

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 these five-year (sunset) reviews.

The Commission’s public report Preserved Mushrooms from Chile, China, India, and Indonesia (Inv. Nos. 731-TA-776-779 (Fourth Review), USITC Publication 5167, March 2021) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 22, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

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) reviews concerning Preserved Mushrooms from Chile, China, India, and Indonesia were instituted on August 3, 2020.

On November 6, 2020, the Commission voted to conduct expedited reviews. Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.  Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

A record of the Commission’s vote to conduct expedited reviews 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.

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 pubrequest@usitc.gov, 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.

BACKGROUND

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.

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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.

All six Commissioners voted in the affirmative.

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 these five-year (sunset) reviews.

The Commission’s public report Preserved Mushrooms from Chile, China, India, and Indonesia (Inv. Nos. 731-TA-776-779 (Third Review), USITC Publication 4557, August 2015) will contain the views of the Commission and information developed during the reviews.

The report will be available after September 4, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

BACKGROUND

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) reviews concerning Preserved Mushrooms from Chile, China, India, and Indonesia were instituted on March 2, 2015.

On June 5, 2015, the Commission voted to conduct expedited reviews. 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 expedited reviews 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.

The U.S. International Trade Commission (USITC or Commission) has voted to expedite its five-year (“sunset”) reviews concerning the antidumping duty orders on preserved mushrooms from Chile, China, India, and Indonesia (Inv. No. 731-TA-776-779 (Third Review)).

As a result of these votes, the Commission will conduct expedited reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 determinations 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 reviews, and information provided by the Department of Commerce.

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 votes on these matters 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.

The record of the Commission's vote is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.  From this page, search "preserved mushrooms" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available.  Only parties that filed adequate responses and filed timely notices of appearance are eligible to participate further in these reviews.  The Commission will issue a report after it completes its reviews.