[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16208]


[[Page Unknown]]

[Federal Register: July 5, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-813]

 

Initiation of Antidumping Duty Investigation: Canned Pineapple 
Fruit From Thailand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 5, 1994.

FOR FURTHER INFORMATION CONTACT: Stephen Alley or Lori Way, Office of 
Antidumping Investigations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-5288 
and 482-0656, respectively.

Initiation of Investigation

The Petition

    On June 8, 1994, we received a petition filed in proper form from 
Maui Pineapple Company, Ltd. and the International Longshoremen's and 
Warehousemen's Union. Petitioners filed supplements to the petition on 
June 14 and 20, 1994. In accordance with 19 CFR 353.12, petitioners 
allege that imports of canned pineapple fruit from Thailand are being, 
or are likely to be, sold in the United States at less than fair value 
within the meaning of section 731 of the Tariff Act of 1930, as amended 
(the Act), and that these imports are materially injuring, or threaten 
material injury to, a U.S. industry.
    Petitioners have stated that they have standing to file the 
petition because they represent interested parties as defined under 
section 771(9)(C) and (D) of the Act, and because the petition was 
filed on behalf of the U.S. industry producing the product subject to 
this investigation. If any interested party, as described under 
paragraphs (C), (D), (E) or (F) of section 771(9) of the Act, wishes to 
register support for, or opposition to, this petition, such party 
should file a written notification with the Assistant Secretary for 
Import Administration.

Scope of Investigation

    The product covered by this investigation is canned pineapple fruit 
(CPF). For the purposes of this investigation, CPF is defined as 
pineapple processed and/or prepared into various product forms, 
including rings, pieces, chunks, tidbits, and crushed pineapple, that 
is packed and cooked in metal cans with either pineapple juice or sugar 
syrup added. CPF is currently classifiable under subheadings 
2008.20.0010 and 2008.20.0090 of the Harmonized Tariff Schedule of the 
United States (HTSUS). HTSUS 2008.20.0010 covers CPF packed in a sugar-
based syrup; HTSUS 2008.20.0090 covers CPF packed without added sugar 
(i.e., juice-packed). Although these HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
is dispositive.

United States Price and Foreign Market Value

    Petitioners based U.S. price (USP) on average unit values derived 
from U.S. Customs IM-146 import statistics. To calculate U.S. price, 
petitioners made deductions for foreign inland freight.
    Petitioners used Thai home market delivered price quotes provided 
by a market researcher to calculate foreign market value (FMV). 
According to petitioners, there is no difference in quality between the 
CPF sold in the Thai and U.S. markets. To calculate FMV, petitioners 
deducted an amount for home market inland freight expenses, and then 
converted the net price to dollars using contemporaneous exchange rates 
from the Federal Reserve.
    The margin alleged by petitioners is 138.48 percent. If it becomes 
necessary at a later date to consider the petition as a source of best 
information available (BIA) in this investigation, we may review more 
thoroughly all of the bases for USP and FMV in determining BIA.

Initiation of Investigation

    We have examined the petition on CPF from Thailand and have found 
that it meets the requirements of section 732(b) of the Act and 19 CFR 
353.13(a). Therefore, we are initiating an antidumping duty 
investigation to determine whether imports of CPF from Thailand are 
being, or are likely to be, sold in the United States at less than fair 
value.

International Trade Commission Notification

    Section 732(d) of the Act requires us to notify the International 
Trade Commission (ITC) of this action and we have done so.

Preliminary Determination by the ITC

    The ITC will determine by July 25, 1994, pursuant to section 
733(a)(1) of the Act, whether there is a reasonable indication that 
imports of CPF from Thailand are materially injuring, or threaten 
material injury to, a U.S. industry. Pursuant to section 733(a)(2) of 
the Act, a negative ITC determination will result in this investigation 
being terminated; otherwise, the investigation will proceed according 
to statutory and regulatory time limits.
    This notice is published pursuant to section 732(c)(2) of the Act 
and 19 CFR 353.13(b).

    Dated: June 27, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-16208 Filed 7-1-94; 8:45 am]
BILLING CODE 3510-DS-P