[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61432-61433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5863]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Canned Pineapple Fruit from Thailand: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2005, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results and partial 
preliminary rescission of the administrative review of the antidumping 
duty order on canned pineapple fruit from Thailand. This review covers 
two manufacturers/exporters: Vita Food Factory (1989) Ltd. (Vita) and 
Thai Pineapple Canning Industry Corp., Ltd. (TPC). The period of review 
(POR) is July 1, 2003, through June 30, 2004.
    We provided interested parties with an opportunity to comment on 
the preliminary results of review. However, we received no comments 
from interested parties. In these final results, we have made no 
changes to the weighted-average dumping margins calculated for TPC and 
Vita in the preliminary results of this administrative review.

EFFECTIVE DATE: October 24, 2005.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Drew Jackson, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution

[[Page 61433]]

Avenue, NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 
482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2005, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on canned pineapple fruit from Thailand. See Canned 
Pineapple Fruit From Thailand: Preliminary Results of Antidumping Duty 
Administrative Review, 70 FR 45651 (August 8, 2005) (Preliminary 
Results). No interested parties filed case briefs in response to the 
Department's invitation to comment on the Preliminary Results.

Scope of the Order

    The product covered by the order is canned pineapple fruit, 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. Imports of canned pineapple fruit are 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 canned pineapple fruit packed in a sugar-based 
syrup; HTSUS 2008.20.0090 covers canned pineapple fruit packed without 
added sugar (i.e., juice-packed). The HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
merchandise covered by this order is dispositive.

Partial Final Rescission of Review

    As stated in the preliminary results of this review, the Department 
confirmed that Prachuab Fruit Canning Co., Ltd. (PRAFT) made no 
shipments of subject merchandise during the POR. Therefore, consistent 
with the Department's preliminary results of this review, and in 
accordance with 19 CFR Sec.  351.213(d)(3), we are rescinding the 
instant review with respect to PRAFT.

Analysis of Comments Received

    As noted above, we received no comments on the preliminary results 
of review. In these final results, we have made no changes to the 
weighted-average dumping margins calculated for TPC and Vita in the 
preliminary results of this administrative review.

Final Results of Review

    We determine that the following weighted-average percentage margins 
exist for the period July 1, 2003, through June 30, 2004:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Vita Food Factory (1989) Ltd........................                9.12
Thai Pineapple Canning Industry Corp., Ltd..........               51.16
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR Sec.  
351.212(b)(1), we calculated importer-specific assessment rates for 
Vita's subject merchandise. Since Vita did not report the entered value 
for its sales, we calculated per-unit assessment rates for its 
merchandise by aggregating the dumping margins calculated for all U.S. 
sales to each importer and dividing this amount by the total quantity 
of those sales. To determine whether the per-unit duty assessment rates 
were de minimis (i.e., less than 0.50 percent ad valorem), in 
accordance with the requirement set forth in 19 CFR Sec.  
351.106(c)(2), we calculated importer-specific ad valorem ratios based 
on export prices. Where the importer-specific assessment rate is above 
de minimis, we will instruct CBP to assess the importer-specific rate 
uniformly on all entries made during the POR. For TPC, the respondent 
receiving a dumping margin based upon adverse facts available (AFA), we 
will instruct CBP to liquidate entries according to the AFA ad valorem 
rate. The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of canned pineapple fruit from Thailand entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
these final results of review, as provided by section 751(a)(1) of the 
Act: (1) the cash deposit rates for Vita and TPC will be the rates 
shown above; (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review conducted by the Department, the cash deposit rate will be the 
``all others'' rate, which is 24.64 percent. These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305. Timely 
written notification of the return/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 that is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 771(i)(1) of the Tariff Act of 
1930, as amended.

    Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5863 Filed 10-21-05; 8:45 am]
Billing Code: 3510-DS-S