[Federal Register Volume 68, Number 190 (Wednesday, October 1, 2003)]
[Notices]
[Pages 56619-56620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24905]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Notice of Decision of the Court of International Trade: Canned 
Pineapple Fruit From Thailand

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

ACTION: Notice of decision of the Court of International Trade.

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[[Page 56620]]

SUMMARY: On September 15, 2003, the United States Court of 
International Trade (CIT) affirmed the Department of Commerce's results 
of redetermination on remand of the final results of the fifth 
administrative review of the antidumping duty order on canned pineapple 
fruit from Thailand. See Maui Pineapple Company, Ltd. v. United States, 
Slip Op. 03-120 (September 15, 2003), Court No. 01-01017 (Maui 
Pineapple). Consistent with the decision of the United States Court of 
Appeals for the Federal Circuit (Federal Circuit) in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department 
of Commerce (the Department) is notifying the public that Maui 
Pineapple and the CIT's earlier opinion in this case were ``not in 
harmony'' with the Department's original results.

EFFECTIVE DATE: October 1, 2003.

FOR FURTHER INFORMATION CONTACT: David Layton or Charles Riggle, Office 
5, Group II, AD/CVD Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0371 and (202) 482-0650, respectively.

Background

    On October 17, 2001, the Department published a notice of the final 
results of the fifth review of canned pineapple fruit from Thailand. 
See Notice of Final Results of Antidumping Duty Administrative Review 
and Rescission of Administrative Review in Part: Canned Pineapple Fruit 
From Thailand, 66 FR 52744 (October 17, 2001) (Final Results). 
Subsequent to the Department's Final Results, Maui Pineapple Company, 
Ltd. filed a lawsuit challenging these results. Thereafter, the CIT 
issued an Order and Opinion dated April 16, 2003 in remanding two 
issues to the Department. See Maui Pineapple Company, Ltd. v. United 
States, 264 F.Supp.2d 1244 (Ct. Int'l Trade 2003) (September 15, 2003), 
Court No. 01-01017. Pursuant to the CIT's April 16, 2003 Order and 
Opinion, the Department filed its remand results on June 16, 2003. On 
September 15, 2003, the CIT affirmed the Department's final results of 
redetermination in Maui Pineapple.

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision 
of the CIT which is ``not in harmony'' with the Department's results. 
The CIT's decision in Maui Pineapple and its April 16, 2003 Order and 
Opinion in this case were not in harmony with the Department's final 
antidumping duty results of review. Therefore, publication of this 
notice fulfills the obligation imposed upon the Department by the 
decision in Timken. In addition, this notice will serve to continue the 
suspension of liquidation. If this decision is not appealed, or if 
appealed, if it is upheld, the Department will publish amended final 
antidumping duty results.

    Dated: September 25, 2003,
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-24905 Filed 9-30-03; 8:45 am]
BILLING CODE 3510-DS-P