[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21311-21312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8574]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-549-813)


Canned Pineapple Fruit from Thailand: Notice of Final Results of 
Changed Circumstances Review of the Antidumping Duty Order and 
Revocation of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2008, the Department of Commerce (the Department) 
published a notice of initiation and preliminary results of a changed 
circumstances review and intent to revoke the antidumping duty order on 
canned pineapple fruit (CPF) from Thailand. See Notice of Initiation 
and Preliminary Results of Changed Circumstances Review, and Intent to 
Revoke Order, 73 FR 12377 (March 7, 2008) (Initiation and Preliminary 
Results). We received no comments from interested parties. Thus, we

[[Page 21312]]

determine that changed circumstances exist to warrant revocation of the 
order.

EFFECTIVE DATE: (October 31, 2007)

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Myrna Lobo, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3782 or (202) 482-2371, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (the Department) published the 
antidumping duty order on CPF from Thailand on July 18, 1995. See 
Notice of Antidumping Duty Order and Amended Final Determination: 
Canned Pineapple Fruit from Thailand, 60 FR 36775 (July 18, 1995) 
(Antidumping Duty Order). On January 23, 2008, the Department received 
a request for a changed circumstances review from the Thai Food 
Processors' Association (TFPA). The TFPA requested that the Department 
revoke the antidumping duty order because Maui Pineapple Company Ltd. 
(petitioner) ceased production of CPF on October 31, 2007. On January 
25, 2008, we received a letter from petitioner indicating that it had 
no objection to the changed circumstances review and the revocation of 
the antidumping duty order. On March 7, 2008, the Department published 
a notice of initiation and preliminary results of a changed 
circumstances review and its intent to revoke the antidumping duty 
order on canned pineapple fruit from Thailand, effective October 31, 
2007. See Initiation and Preliminary Results.

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. There have been no scope rulings for the subject order.

Final Results of Changed Circumstances Review and Revocation of Order

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of 
1930, as amended (the Act), the Department may revoke an antidumping 
duty order based on a review under section 751(b) of the Act (i.e., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstances review to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review.
    In the instant review, based on the information provided by the 
TFPA and the lack of interest on the part of the domestic industry, the 
Department found preliminarily that, effective October 31, 2007, the 
sole domestic producer of the subject merchandise, Maui Pineapple 
Company (Maui), was no longer producing canned pineapple fruit in the 
United States. See Initiation and Preliminary Results. We did not 
receive any comments regarding our preliminary results. Therefore, the 
Department is revoking the order on canned pineapple fruit from 
Thailand, effective October 31, 2007.

Effective Date of Revocation

    Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act 
and 19 CFR 351.222(i)(2)(i), the Department will instruct U.S. Customs 
and Border Protection to terminate the suspension of liquidation of the 
merchandise subject to this order entered, or withdrawn from warehouse, 
on or after October 31, 2007. Entries of subject merchandise prior to 
the effective date of revocation will continue to be subject to 
suspension of liquidation and antidumping duty deposit requirements. 
The Department will complete any pending administrative reviews of this 
order and will conduct an administrative review of subject merchandise 
entered prior to the effective date of revocation in response to 
appropriately filed requests for review. This notice serves as a 
reminder to parties subject to administrative protective orders (APOs) 
of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.306. 
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 sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216.

    Dated: April 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-8574 Filed 4-18-08; 8:45 am]
BILLING CODE 3510-DS-S