[Federal Register Volume 60, Number 137 (Tuesday, July 18, 1995)]
[Notices]
[Pages 36775-36776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17498]



-----------------------------------------------------------------------

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


Notice of Antidumping Duty Order and Amended Final Determination: 
Canned Pineapple Fruit From Thailand

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

EFFECTIVE DATE: July 18, 1995.

FOR FURTHER INFORMATION CONTACT: Michelle Frederick or Jennifer Katt, 
Office of Antidumping Duty Investigations, Import Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, D.C. 20230; telephone (202) 482-0186 or (202) 482-0498, 
respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute and to the 
Department's regulations are in reference to the provisions as they 
existed on December 31, 1994.

AMENDED FINAL DETERMINATION: In accordance with section 735(a) of the 
Tariff Act of 1930, as amended (the Act), on May 26, 1995, the 
Department made its final determination that canned pineapple fruit 
(CPF) from Thailand is being, or is likely to be, sold in the United 
States at less than fair value (60 FR 29553 (June 5, 1995)). After 
publication of this determination, we received submissions, timely 
filed pursuant to 19 CFR 353.28(b)(1994), from The Dole Food Company, 
Inc., and its affiliates Dole Packaged Foods Company and Dole Thailand, 
Inc. (collectively Dole), Siam Agro Industry 

[[Page 36776]]
Pineapple and Others Co., Ltd. (SAICO), Malee Sampran Factory Public 
Co. (Malee), and the petitioners alleging ministerial errors in the 
Department's final determination. We determined, in accordance with 19 
CFR 353.28(d), that the following ministerial errors were committed in 
our margin calculations for Dole, SAICO, and Malee:
    For Dole, we determined that we inadvertently relied on the 
original shipment data, rather than the revised shipment figures, to 
weight the dumping margins where Dole had shipments of both Dole-
produced and purchased merchandise. In addition, we unintentionally 
excluded certain sales from the Department's final margin calculation. 
Finally, we double counted the cost of citric acid in our calculations 
of the cost of manufacturing.
    For SAICO, we overstated the company's pineapple fruit cost through 
the double-counting of growing expenses and other ministerial errors.
    For Malee, we erroneously relied on the submitted packing costs, 
rather than the amounts confirmed at verification. In addition, we 
inadvertently relied on the gross, rather than net, general and 
administrative expenses of Malee's parent company in our calculations 
of the cost of production and constructed value.
    No ministerial errors were committed in our final margin 
calculation for The Thai Pineapple Public Co., Ltd. (TIPCO). For a 
detailed discussion of the above-cited ministerial errors see the 
Memorandum from The Team to Barbara R. Stafford dated June 28, 1995, on 
file in Room B-099 of the Main Commerce Building. In accordance with 19 
CFR 353.28(c), we are amending the final result of the antidumping duty 
investigation of canned pineapple fruit from Thailand to correct these 
ministerial errors. The revised final weighted average dumping margins 
are as follows:

------------------------------------------------------------------------
                                                      Original   Revised
           Manufacturer/producer/exporter              margin    margin 
                                                       percent   percent
------------------------------------------------------------------------
Dole................................................      2.36      1.73
TIPCO...............................................     38.68     38.68
SAICO...............................................     55.77     51.16
Malee...............................................     43.43     41.74
All others..........................................     25.76     24.64
------------------------------------------------------------------------

Scope of Investigation and Order

    The product covered by this investigation is canned pineapple 
fruit. For the purposes of this investigation and order, 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 the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of this proceeding is dispositive.

Antidumping Duty Order

    On July 10, 1995, in accordance with section 735(d) of the Act, the 
U.S. International Trade Commission (ITC) notified the Department that 
imports of CPF from Thailand materially injure a U.S. industry. 
Therefore, in accordance with section 736 of the Act, the Department 
will direct United States Customs officers to assess, upon further 
advice by the administering authority pursuant to section 736(a)(1) of 
the Act, antidumping duties equal to the amount by which the foreign 
market value of the merchandise exceeds the United States price for all 
entries of CPF from Thailand. These antidumping duties will be assessed 
on all unliquidated entries of CPF from Thailand entered, or withdrawn 
from warehouse, for consumption on or after January 11, 1995, the date 
on which the Department published its preliminary determination notice 
in the Federal Register (60 FR 2734).
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, the following cash 
deposits for the subject merchandise:

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
Dole.......................................................         1.73
TIPCO......................................................        38.68
SAICO......................................................        51.16
Malee......................................................        41.74
All others.................................................        24.64
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
CPF from Thailand, pursuant to section 736(a) of the Act. Interested 
parties may contact the Central Records Unit, Room B-099 of the Main 
Commerce Building, for copies of an updated list of antidumping duty 
orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.
    Dated: July 11, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-17498 Filed 7-17-95; 8:45 am]
BILLING CODE 3510-DS-P