|The products covered by this antidumping duty order are certain |
preserved mushrooms whether imported whole, sliced, diced, or as stems
and pieces. The preserved mushrooms covered under this order 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 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143,
2003.10.0147, 2003.10.0153, and 0711.51.0000 of the Harmonized Tariff
Schedule of the United States (``HTS''). Although the HTS subheadings
are provided for convenience and Customs purposes, the Department's
written description of the merchandise under the order is dispositive.
Source: 64 FR 8308 (February 19, 1999). Note that HTSUS numbers are
subject to change.
Note also the following:
On June 19, 2000, the Department affirmed that
"marinated,'' "acidified,'' or "pickled'' mushrooms containing
less than 0.5 percent acetic acid are within the scope of the
antidumping duty order. See "Recommendation Memorandum-Final Ruling
of Request by Tak Fat, et al. for Exclusion of Certain Marinated,
Acidified Mushrooms from the Scope of the Antidumping Duty Order on
Certain Preserved Mushrooms from the People's Republic of China,''
dated June 19, 2000. On February 9, 2005, this decision was upheld
by the United States Court of Appeals for the Federal Circuit. See
Tak Fat v. United States, 39C F.3d 1378 (Fed. Cir. 2005).