[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Notices]
[Pages 8777-8778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2794]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Canned Pineapple Fruit From Thailand; Final Results of Full 
Sunset Review of Antidumping Duty Order

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

ACTION: Notice of final results of full sunset review: Canned pineapple 
fruit from Thailand.

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SUMMARY: On September 29, 2000, the Department of Commerce (``the 
Department'') published a notice of preliminary results of the full 
sunset review of the antidumping duty order on Canned Pineapple Fruit 
from Thailand (65 FR 58509) pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act''). We provided interested parties 
an opportunity to comment on our preliminary results. We received 
comments only from the domestic interested parties. As a result of this 
review, the Department finds that revocation of this order would be 
likely to lead to continuation or recurrence of dumping.

EFFECTIVE DATE: February 2, 2001.

FOR FURTHER INFORMATION CONTACT: Jonathan Lyons or James Maeder, Office 
of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0374 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Act. The Department's procedures for the conduct of sunset 
reviews are set forth in Procedures for Conducting Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 
FR 13516 (March 20, 1998) (``Sunset Regulations'') and in 19 CFR part 
351 (2000) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98.3--Policies Regarding the Conduct 
of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset 
Policy Bulletin'').

Background

    On June 5, 2000, the Department initiated a sunset review of the 
antidumping duty order on CPF from Thailand (65 FR 35604), pursuant to 
section 751(c) of the Act. On September 29, 2000, the Department 
published a notice of preliminary results of the full sunset review of 
the antidumping duty order on canned pineapple fruit from Thailand (65 
FR 58509) pursuant to section 751(c) of the Act. In our preliminary 
results, we found that revocation of the order would likely result in 
continuation or recurrence of dumping with net margins of 1.73 percent 
for The Dole Food Company, Inc., and its affiliates Dole Packaged Foods 
Company and Dole Thailand, Inc. (collectively, ``Dole''); 38.68 percent 
for The Thai Pineapple Public Co., Ltd. (``TIPCO''); 51.16 percent for 
Siam Agro Industry Pineapple and Others Co., Ltd. (``SAICO''); 41.74 
percent for Malee Sampran Factory Public Co., Ltd. (``Malee''); and 
24.64 percent for ``all others.''
    On November 8, 2000, within the deadline specified in 19 CFR 
351.309(c)(1)(i), we received a case brief on behalf of the domestic 
industry.

Scope of Review

    The product covered by this review is CPF from Thailand. 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 for customs purposes, our written 
description of the scope is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Bernard T. Carreau, fulfilling the 
duties of Assistant Secretary for Import Administration, dated January 
26, 2001, which is hereby adopted by this notice. The issues discussed 
in the attached Decision Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margin likely to prevail 
were the order revoked. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum which is on file in the Central Records Unit, 
room B-099, of the main Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``Thailand.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on CPF 
from Thailand would be likely to lead to continuation or recurrence of 
dumping

[[Page 8778]]

at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporters                     (percent)
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Dole.........................................................       1.73
TIPCO........................................................      38.68
SAICO........................................................      51.16
Malee........................................................      41.74
All Others...................................................      24.64
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction. This five-year (``sunset'') review and notice are 
in accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: January 26, 2001.
Bernard T. Carreau,
Fulfilling the duties of Assistant Secretary for Import Administration.
[FR Doc. 01-2794 Filed 2-01-01; 8:45 am]
BILLING CODE 3510-DS-P