[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Notices]
[Pages 30878-30879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12295]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-549-813


Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Canned Pineapple Fruit From Thailand

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

ACTION: Notice of Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review.

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SUMMARY: In response to a letter from The Thai Pineapple Public Co., 
Ltd. notifying the Department of Commerce that its corporate name has 
changed to Tipco Foods (Thailand) Public Co., Ltd., the Department of 
Commerce is initiating a changed circumstances administrative review of 
the antidumping duty order on canned pineapple fruit from Thailand (see 
Notice of Antidumping Duty Order and Amended Final Determination: 
Canned Pineapple Fruit From Thailand, 60 FR 36775 (July 18, 1995)). 
Based on information submitted with the April 26, 2004, letter, we 
preliminarily determine that Tipco Foods (Thailand) Public Co., Ltd. is 
the successor-in-interest to The Thai Pineapple Public Co., Ltd (TIPCO) 
and, as such, is entitled to TIPCO's cash deposit rate with respect to 
entries of subject merchandise.

EFFECTIVE DATE: June 1, 2004.

FOR FURTHER INFORMATION CONTACT: Kristina Boughton or Charles Riggle at 
(202) 482- 8173 or (202) 482-0650, respectively; AD/CVD Enforcement 
Office 5, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On April 26, 2004, Tipco Foods (Thailand) Public Co. Ltd. (Tipco 
Foods) requested that the Department of Commerce (the Department) 
initiate a changed circumstances review to confirm that Tipco Foods is 
the successor-in-interest to TIPCO for purposes of determining 
antidumping duty liabilities. This name change is relevant to the 
ongoing 2002-2003 administrative review of the antidumping duty order 
on canned pineapple fruit (CPF) from Thailand because the Department 
has issued a preliminary determination to revoke the order with respect 
to this company. See Notice of Preliminary Results and Preliminary 
Determination To Revoke Order in Part: Canned Pineapple Fruit From 
Thailand, 69 FR 18524 (April 8, 2004).

Scope of the Review

    The product covered by this order is CPF, 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, the written description of the scope is 
dispositive.

Initiation and Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.216, the Department will conduct a changed 
circumstances review upon receipt of information concerning, or a 
request from an interested party for a review of, an antidumping duty 
finding which shows changed circumstances sufficient to warrant a 
review of the order. The information submitted by Tipco Foods claiming 
that it is the successor-in-interest to TIPCO demonstrates changed 
circumstances sufficient to warrant a review. See 19 CFR 351.216(d).
    In accordance with the above-referenced regulations, the Department 
is initiating a changed circumstances review to determine whether Tipco 
Foods is the successor-in-interest to TIPCO. In determining whether one 
company is the successor to another for

[[Page 30879]]

purposes of applying the antidumping duty law, the Department examines 
a number of factors including, but not limited to, changes in (1) 
management, (2) production facilities, (3) suppliers, and (4) customer 
base. See, e.g., Industrial Phosphoric Acid From Israel; Final Results 
of Antidumping Duty Changed Circumstances Review, 59 FR 6944 (February 
14, 1994). While no one or several of these factors will necessarily 
provide a dispositive indication of succession, the Department will 
generally consider one company to be a successor to another company if 
its resulting operation is essentially the same as that of its 
predecessor. Thus, if the evidence demonstrates that, with respect to 
the production and sale of the subject merchandise, the new company 
operates as the same business entity as the prior company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.
    On April 26, 2004, Tipco Foods submitted information demonstrating 
that it is the successor to TIPCO. Specifically, Tipco Foods provided 
the minutes to its December 12, 2003, shareholders meeting at which the 
name change was approved. In addition, Tipco Foods provided a copy of 
the new company registration certificate filed with the Thai Ministry 
of Foreign Affairs on December 23, 2003, and the certificate issued by 
the Revenue Department of Thailand, which established that Tipco Foods 
would use the same taxpayer ID number used by TIPCO. Finally, Tipco 
Foods attached a copy of its December 22, 2003, letter to the Stock 
Exchange of Thailand (SET) notifying the SET of the name change, and a 
newsletter posted by the SET announcing the name change to investors.
    We also obtained information in the context of the 2002-2003 review 
demonstrating that no major changes occurred with respect to TIPCO's 
management, plant facilities, customer base, or suppliers. 
Specifically, at verification in February 2004, we noted no difference 
in managers between TIPCO and Tipco Foods, as we interviewed the same 
managers at this verification whom we interviewed at the verification 
conducted in February 2003. See Attachment I of the Memorandum to the 
File: Changed Circumstances Review for the Thai Pineapple Public Co., 
Ltd. (TIPCO) (May 18, 2004) (Changed Circumstances Memo). We also noted 
that the headquarters and plant facilities remained the same and that 
Tipco Food's suppliers and customers were consistent with the suppliers 
and customers it had in the previous review.
    As part of our standard verification procedures, we examine the 
full range of merchandise produced during a review period. While on 
site we noted that the products Tipco Foods was producing and offering 
for sale were the same products that TIPCO reported and we verified in 
the current and previous reviews. Furthermore, we noted that the 
product catalog under the company's new name on its web site consists 
of the same products the company sold prior to its name change. See 
Attachment II of the Changed Circumstances Memo. Therefore, the change 
in name had no material effect on the operations of the company with 
respect to the production and sale of subject merchandise.
    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
for a changed circumstances review concurrently. See 19 CFR 
221(c)(3)(ii). Based on the information on the record, we preliminarily 
find that Tipco Foods is the successor-in-interest to TIPCO and, as 
such, is entitled to TIPCO's cash deposit rate with respect to entries 
of subject merchandise.\1\
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    \1\ See, e.g., Circular Welded Non-Alloy Steel Pipe From Korea; 
Final Results of Antidumping Duty Changed Circumstances Review, 63 
FR 20572 (April 27, 1998) where the Department found successorship 
where the company changed its name only and did not change its 
operations.
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    Should our final results remain the same as these preliminary 
results, we would instruct U.S. Customs and Border Protection (CBP) to 
assign Tipco Foods the antidumping duty cash deposit rate applicable to 
TIPCO.

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 28 days after the date of publication of this 
notice, or the first working day thereafter. Interested parties may 
submit case briefs and/or written comments not later than 14 days after 
the date of publication of this notice. Rebuttal briefs and rebuttals 
to written comments, which must be limited to issues raised in such 
briefs or comments, may be filed not later than 21 days after the date 
of publication of this notice. Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with each 
argument (1) a statement of the issue and (2) a brief summary of the 
argument with an electronic version included. Consistent with section 
351.216(e) of the Department's regulations, we will issue the final 
results of this changed circumstances review no later than 270 days 
after the date on which this review was initiated, or within 45 days if 
all parties agree to our preliminary finding. We are issuing and 
publishing this finding and notice in accordance with sections 
751(b)(1) and 777(i)(1) of the Act and sections 351.216 and 
351.221(c)(3) of the Department's regulations.

    Dated: May 24, 2004.
James J. Jochum,
Assistant Secretaryfor Import Administration.
[FR Doc. 04-12295 Filed 5-28-04; 8:45 am]
BILLING CODE 3510-DS-S