[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71061-71062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E3-00606]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Final Court Decision and Amended Final Results of Antidumping 
Duty Administrative Review: Canned Pineapple Fruit From Thailand

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

[[Page 71062]]


ACTION: Notice of Final Court Decision and Amended Final Results of 
Antidumping Duty Administrative Review: Canned Pineapple Fruit from 
Thailand.

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SUMMARY:  On September 15, 2003, the United States Court of 
International Trade (CIT) affirmed the Department of Commerce's 
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), on October 1, 
2003, the Department of Commerce (the Department) notified the public 
that Maui Pineapple and the CIT's earlier opinion in this case were 
``not in harmony'' with the Department's original results. See Notice 
of Decision of the Court of International Trade: Canned Pineapple Fruit 
from Thailand, 68 FR 56619 (October 1, 2003) (Notice of Decision). No 
party has appealed the CIT's decision within the 60-day time period 
provided and the Department is now issuing these amended final results 
reflecting the CIT's decision.

EFFECTIVE DATE:  December 22, 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.

SUPPLEMENTARY INFORMATION:

Background

    On October 17, 2001, the Department published a notice of the final 
results of the fifth administrative 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). Maui Pineapple Company, Ltd. filed a lawsuit 
challenging these results and the CIT issued an Order and Opinion dated 
April 16, 2003 remanding two issues to the Department. See Maui 
Pineapple Company, Ltd. v. United States, 264 F.Supp.2d 1244 (CIT 2003) 
(September 15, 2003). 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. On October 1, 2003, the Department 
published the Notice of CIT Decision consistent with the Federal 
Circuit decision in Timken. The time period for appealing the CIT's 
decision has expired and no party has appealed the CIT's affirmation of 
the Departments final results of redetermination.

Amendment To Final Determinations

    Pursuant to section 516A(e) of the Tariff Act of 1930, as amended, 
as there is now a final and conclusive court decision, we are now 
amending the final results of the antidumping duty administrative 
review to reflect a revised weighted average margin for Dole Food 
Company, Dole Packaged Foods and Dole Thailand (collectively, Dole). 
See Final Results. We determine that the following revised weighted-
average margin exists for Dole for the period of July 1, 1999 through 
June 30, 2000 :

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                Manufacturer/Exporter                  Margin (percent)
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Dole................................................                0.98
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    Accordingly, the Department will determine and the U.S. Customs and 
Border Protection (CBP) will assess appropriate antidumping duties on 
the relevant entries of subject merchandise covered by the review 
period listed above. The Department will issue appraisement 
instructions directly to the CBP within 15 days of the publication of 
this notice.

    Dated: 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E3-00606 Filed 12-19-03; 8:45 am]
BILLING CODE 3510-DS-S