[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74458-74459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28972]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Canned Pineapple Fruit From Thailand: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2008, 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. 
See Canned Pineapple Fruit from Thailand: Preliminary Results of 
Antidumping Duty Administrative Review, 73 FR 45695 (August 6, 2008) 
(Preliminary Results). This review covers one producer/exporter of the 
subject merchandise to the United States, Vita Food Factory (1989) Co., 
Ltd. (Vita). The period of review (POR) is July 1, 2006 through June 
30, 2007. Subsequent to the Preliminary Results, we provided parties 
with an opportunity to comment. No parties submitted any comments. 
Therefore, the final results do not differ from those

[[Page 74459]]

presented in the Preliminary Results. The final weighted-average 
dumping margin for Vita is listed below in the section entitled ``Final 
Results of Review.''

DATES: Effective Date: December 8, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Matino or Douglas Kirby, 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-
4146 or (202) 482-3782.

Scope of the Order

    The product covered by this 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. 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.

Period of Review

    This review covers the period July 1, 2006 through June 30, 2007.

Final Results of Review

    Following the preliminary results of this review, we discovered an 
error in the calculation of U.S. price related to domestic inland 
freight incurred on U.S. sales. We have corrected this error for these 
final results. See Antidumping Duty Administrative Review of Canned 
Pineapple Fruit from Thailand: Changes Since the Preliminary Results, 
dated concurrently with this notice. Accordingly, we determine that the 
following weighted-average margin percentage exists for the period July 
1, 2006, through June 30, 2007:

------------------------------------------------------------------------
                     Manufacturer/exporter                       Margin
------------------------------------------------------------------------
Vita Food Factory (1989) Co., Ltd.............................     3.02%
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 771(a)(1)(B) of the Tariff Act of 1930 
(the Act), and 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
the importer-specific assessment rate calculated in the final results 
of this review is above de minimis (i.e., at or above 0.50 percent). 
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the Department revoked this order effective October 
31, 2007. See Canned Pineapple Fruit from Thailand: Notice of Final 
Results of Changed Circumstances Review of the Antidumping Duty Order 
and Revocation of Antidumping Duty Order, 73 FR 21311 (April 21, 2008). 
The Department notified CBP to discontinue suspension of liquidation on 
entries of the subject merchandise entered or withdrawn from warehouse 
on or after October 31, 2007, the effective date of revocation of the 
antidumping duty order. Therefore, cash deposits of estimated 
antidumping duties are no longer required.

Certificate on Reimbursement

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 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 antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3) of the 
Department's regulations. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and this notice 
in accordance with sections 51(a)(1) and 777(i)(1) of the Act.

    Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28972 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-DS-P