[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50164-50166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18548]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Notice of Final Results of Antidumping Duty Administrative Review 
and Final Determination To Revoke Order in Part: Canned Pineapple Fruit 
From Thailand

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On April 8, 2004, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on canned pineapple fruit 
(``CPF'') from Thailand. This review covers four producers/exporters of 
the subject merchandise. The period of review (``POR'') is July 1, 2002 
through June 30, 2003. Based on our analysis of the comments received, 
these final results differ from the preliminary results. The final 
results are listed below in the Final Results of Review section.
    Consistent with the preliminary results, we are revoking the order 
with respect to Dole Food Company, Inc., Dole Packaged Foods Company, 
Dole Thailand, Ltd., (collectively ``Dole'') Kuiburi Fruit Canning Co., 
Ltd., and The Thai Pineapple Public Co., Ltd., based on our 
determination that these companies have demonstrated three consecutive 
years of sales at not less than normal value and their respective 
aggregate sales to the United States have been made in commercial 
quantities during the last three segments of this proceeding.

EFFECTIVE DATE: August 13, 2004.

FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2336 and (202) 482-0650, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers the following producers/exporters of merchandise 
subject to the antidumping duty order on CPF from Thailand: Dole, 
Kuiburi Fruit Canning Co., Ltd. (``Kuiburi''), The Thai Pineapple 
Public Co., Ltd. (``TIPCO''), and Vita Food Factory (1989) Co., Ltd. 
(``Vita'').
    On April 8, 2004, the Department published the preliminary results 
of this review and invited interested parties to comment on those 
results. See Notice of Preliminary Results and Preliminary 
Determination to Revoke Order in Part: Canned Pineapple Fruit From 
Thailand, 69 FR 18524 (Preliminary Results). On May 10, 2004, we 
received case briefs from Dole and the petitioners.\1\ On May 17 and 
18, 2004, we received rebuttal briefs from the petitioners and Dole, 
respectively.\2\ Dole requested a hearing but subsequently withdrew 
this request in a letter to the Department dated May 19, 2004.
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    \1\ The petitioners in the case are Maui Pineapple Company and 
the International Longshoremen's and Warehousemen's Union.
    \2\ We note that the Dole rebuttal brief was timely because it 
was filed on May 17, 2004, with bracketing not final and then re-
filed on May 18, 2004, with bracketing final.
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    On June 28, 2004, the Department published the Final Results of 
Antidumping Duty Changed Circumstances Review: Canned Pineapple Fruit 
from Thailand, 69 FR 36058, where we found that Tipco Foods (Thailand) 
Public co., Ltd. (Tipco Foods) is the successor-in-interest to TIPCO as 
of December 2003 when TIPCO changed its name to Tipco Foods. Even 
though the name change occurred after the POR, the Department conducted 
the changed circumstances review in conjunction with the instant review 
because we are revoking the order as to TIPCO/Tipco Foods.

Scope of the Order

    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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Issues and Decision Memorandum for the 
Final Results of the Eighth Antidumping Duty Administrative Review: 
Canned Pineapple Fruit from Thailand from Jeffrey A. May, Deputy 
Assistant Secretary for Import Administration, Group I, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
August 6, 2004 (Decision Memorandum), which is hereby adopted by this 
notice.
    A list of the issues which the parties have raised and to which we 
have responded, all of which are addressed in the Decision Memorandum, 
is attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the

[[Page 50165]]

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 Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Fair Value Comparisons

    Except for the calculations for Dole and Kuiburi, we calculated 
export price (``EP''), constructed export price (``CEP''), and normal 
value (``NV'') based on the same methodology used in the preliminary 
results. Changes to the ocean freight, U.S-dollar denominated credit 
expenses, and Euro-denominated direct and indirect selling expenses for 
Kuiburi, and the programming language used to apply the revised early 
payment discounts, the application of an adverse inference of facts 
available for Dole's unreported sales to Puerto Rico, and the re-
calculation of foreign indirect selling expenses for Dole are detailed 
in their respective analysis memoranda and/or the Decision Memorandum.

Cost of Production

    We calculated the cost of production (``COP'') for the merchandise 
based on the same methodology used in the preliminary results.

Revocation of the Order in Part

    On July 28, 2003, both Kuiburi and TIPCO, and on July 31, 2003, 
Dole, requested that, pursuant to 19 CFR 351.222(b)(2), the Department 
revoke the antidumping duty order in part based on their three 
consecutive years of sales at not less than normal value. Dole, 
Kuiburi, and TIPCO submitted, along with their revocation requests, a 
certification stating that: (1) Each company sold subject merchandise 
at not less than NV during the POR, and that in the future each company 
would not sell such merchandise at less than NV (see 19 CFR 351.222 
(e)(1)(i)); (2) Each company has sold the subject merchandise to the 
United States in commercial quantities during each of the past three 
years (see 19 CFR 351.222(e)(1)(ii)); and (3) Each company agreed to 
its immediate reinstatement in the order, as long as any exporter or 
producer is subject to the order, if the Department concludes that the 
company, subsequent to the revocation, sold the subject merchandise at 
less than NV. See 19 CFR 351.222(b)(2)(iii), and as referenced at 19 
CFR 351.222(e)(1)(iii)). No comments were filed by any party on our 
preliminary decision to revoke the order with respect to Dole, Kuiburi, 
or TIPCO.
    Based on the final results of this review and the final results of 
the two preceding reviews (see Preliminary Results; Notice of Final 
Results of Antidumping Duty Administrative Review, Rescission of 
Administrative Review in Part, and Final Determination to Revoke Order 
in Part: Canned Pineapple Fruit from Thailand, 67 FR 76718 (December 
13, 2002); and Notice of Final Results of Antidumping Duty 
Administrative Review, Rescission of Administrative Review in Part, and 
Final Determination to Not Revoke Order in Part: Canned Pineapple Fruit 
from Thailand, 68 FR 65247 (November 19, 2003)), Dole, Kuiburi, and 
TIPCO have demonstrated three consecutive years of sales at not less 
than NV. Furthermore, Dole's, Kuiburi's, and TIPCO's aggregate sales to 
the United States have been made in commercial quantities during the 
last three segments of this proceeding. See the April 1, 2004, 
Memorandum to Holly Kuga: Preliminary Determination to Revoke in Part 
the Antidumping Duty Order on Canned Pineapple Fruit from Thailand.
    Based on the above facts and absent any evidence to the contrary, 
the Department determines that the continued application of the order 
to Dole, Kuiburi, and TIPCO/Tipco Foods is not otherwise necessary to 
offset dumping. Dole, Kuiburi, and TIPCO/Tipco Foods has each agreed in 
writing to its immediate reinstatement in the order, as long as any 
producer or exporter is subject to the order, should the Department 
conclude that Dole, Kuiburi, and/or TIPCO/Tipco Foods, subsequent to 
the revocation, sold the subject merchandise at less than NV. 
Therefore, we revoke the order with respect to merchandise produced and 
exported by Dole, Kuiburi, and TIPCO/Tipco Foods. In accordance with 19 
CFR 351.222(f)(3), we will terminate the suspension of liquidation for 
any such merchandise entered, or withdrawn from warehouse, for 
consumption on or after July 1, 2003, and will instruct U.S. Customs 
and Border Protection (CBP) to refund any cash deposit.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margins exist for the period July 1, 2002, 
through June 30, 2003:

------------------------------------------------------------------------
           Manufacturer/exporter                  Margin  (percent)
------------------------------------------------------------------------
Dole Food Company, Inc. (Dole)............  0.20 (de minimis)
Kuiburi Fruit Canning Co. Ltd. (Kuiburi)..  0.31 (de minimis)
The Thai Pineapple Public Company, Ltd.     0.12 (de minimis)
 (TIPCO).
Vita Food Factory (1989) Co. Ltd. (Vita)..  0.96
------------------------------------------------------------------------

    The Department will determine, and CBP will assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1) of the Department's regulations, we have calculated 
importer-specific assessment rates by dividing the dumping margin found 
on the subject merchandise examined by the entered value of such 
merchandise. Where the importer-specific assessment rate is above de 
minimis we will instruct CBP to assess antidumping duties on that 
importer's entries of subject merchandise. The Department will issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of these final results of review.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of administrative review, as provided by section 751(a) 
of the Tariff Act of 1930, as amended, (the Act): (1) For Vita the cash 
deposit rate will be the rate listed above; (2) For merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a previous segment of this proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the most 
recent final results in which that manufacturer or exporter 
participated; (3) If the exporter is not a firm covered in this review 
or in any previous segment of this proceeding, but the manufacturer is, 
the cash deposit rate will be that established for the manufacturer of 
the merchandise in these final results of review or in the most recent 
segment of the proceeding in which that manufacturer participated; and 
(4) If neither the exporter nor the manufacturer is a firm covered in 
this review or in any previous segment of this proceeding, the cash 
deposit rate will be 24.64 percent, the all-others rate established in 
the less-than-fair-value investigation. These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)

[[Page 50166]]

of the Department's regulations to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3) of the Department's regulations. Failure to comply 
is a violation of the APO.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 6, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Comments in the Issues and Decision Memorandum

I. Issues Specific to Dole

Comment 1: Sales Process
Comment 2: Quantity and Value and Completeness
Comment 3: Foreign Indirect Selling Expenses
Comment 4: Repacking
Comment 5: Short-Term Borrowing Rate
Comment 6: Warranties
Comment 7: General and Administrative (G&A) Expense
Comment 8: Interest Expense
Comment 9: Credit Expenses
Comment 10: Early Payment Discount

II. Issues Specific to Kuiburi

Comment 11: Conversion of Euro-denominated Gross Unit Prices
Comment 12: Unreported Sales to Puerto Rico
Comment 13: Ocean Freight Currency Denomination
Comment 14: Credit Expense
Comment 15: Net Realizable Value (NRV) Calculation
Comment 16: Discrepancies in Gross Unit Price Calculations
Comment 17: Direct and Indirect Selling Expense for Euro-Denominated 
Sales

[FR Doc. 04-18548 Filed 8-12-04 8:45 am]
BILLING CODE 3510-DS-P