The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on certain 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 and the Department of Commerce's recent affirmative findings, the existing orders on imports of certain preserved mushrooms from Chile, China, India, and Indonesia will remain in place.

Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Marcia E. Miller, Jennifer A. Hillman, and Charlotte R. Lane found that revoking the existing orders from all four countries would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Commissioner Daniel R. Pearson found that revoking the existing orders from Chile, China, and India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the order from Indonesia would not.

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 Certain Preserved Mushrooms from Chile, China, India, and Indonesia (Inv. No. 731-TA-776-779 (Review), USITC Publication 3731, October 2004) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after November 18, 2004, by calling 202-205-1809 or by contacting 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 ITC 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 (ITC) 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 ITC'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 Certain Preserved Mushrooms from Chile, China, India, and Indonesia were instituted on November 3, 2004.

On February 6, 2004, the Commission voted to conduct full reviews. With respect to Indonesia, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to Chile, China, and India, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission's vote to conduct full reviews was published in the Federal Register on February 19, 2004. That notice and a record of the Commission's vote is posted on the ITC's Internet site at www.usitc.gov (under "Five-Year (Sunset) Reviews"/"Preserved Mushrooms - Chile," "Preserved Mushrooms - China," "Preserved Mushrooms - India," and "Preserved Mushrooms - Indonesia").

In addition, a record of the Commission's vote to conduct full 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.