[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Notices]
[Pages 58509-58510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25082]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-826]


Canned Pineapple Fruit From Thailand; Preliminary Results of 
Sunset Review of Antidumping Duty Order

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

ACTION: Notice of preliminary results of full sunset review: Canned 
pineapple fruit from Thailand.

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SUMMARY: On June 5, 2000, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on canned pineapple fruit (``CPF'') from Thailand (65 FR 35604) 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). On the basis of a notice of intent to participate filed on 
behalf of domestic and respondent interested parties, the Department 
determined to conduct a full review. As a result of this review, the 
Department preliminarily finds that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping at the 
levels indicated in the Preliminary Results of Review section of this 
notice.

EFFECTIVE DATE: September 29, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1930 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Act. The Department's procedures for the conduct of sunset 
reviews are set forth in Procedures for Conducting Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 
FR 13516 (March 20, 1998) (``Sunset Regulations'') and in 19 CFR part 
351 (2000) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98.3--Policies Regarding the Conduct 
of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset 
Policy Bulletin'').

[[Page 58510]]

Background

    On June 5, 2000, the Department initiated a sunset review of the 
antidumping duty order on CPF from Thailand (65 FR 35604), pursuant to 
section 751(c) of the Act. The Department received a notice of intent 
to participate on behalf of Maui Pineapple Co., Ltd. (``Maui'') and the 
International Longshoremen's and Warehousemen's Union (the ``Union'') 
(collectively, ``domestic interested parties''), within the applicable 
deadline (June 16, 1999) specified in section 351.218(d)(1)(i) of the 
Sunset Regulations. Domestic interested parties claimed interested-
party status under section 771(9)(C) of the Act, as U.S. producers of a 
domestic like product.
    On July 5, 2000, we received substantive responses on behalf of 
domestic interested parties and Dole. Dole is an interested party 
pursuant to section 771(9)(A) of the Act as a foreign producer and 
exporter of subject merchandise. Domestic interested parties claim that 
they have participated in every segment of this proceeding, including 
the original investigation and the four administrative reviews 
initiated to date, pursuant to section 751(a) of the Act (see July 5, 
2000, Substantive Response of domestic interested parties at 3).
    On July 10, 2000, we received rebuttal comments on behalf of 
domestic interested parties in response to Dole's substantive response. 
On July 14 and July 27, 2000, we accepted additional comments.

Scope of Review

    The product covered by this review is CPF from Thailand. CPF is 
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, our written 
description of the scope is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated September 23, 2000, which is 
hereby adopted by this notice. The issues discussed in the attached 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. Parties can find a complete discussion of all issues 
raised in this review and the 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 Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/import_admin/records/frn, under the heading ``Thailand.'' The paper copy and 
electronic version of the Decision Memo are identical in content.

Preliminary Results of Review

    We determine that revocation of the antidumping duty order on CPF 
from Thailand would be likely to lead to continuation or recurrence of 
dumping at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
------------------------------------------------------------------------
Dole.......................................................         1.73
TIPCO......................................................        38.68
SAICO......................................................        51.16
Malee......................................................        41.74
All Others.................................................        24.64
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    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held on November 15, 2000, in accordance 
with 19 CFR 351.310(d). Interested parties may submit case briefs no 
later than November 8, 2000, in accordance with 19 CFR 
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed not later than November 13, 
2000. The Department will issue a notice of final results of this 
sunset review, which will include the results of its analysis of issues 
raised in any such briefs, no later than January 27, 2001.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 25, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-25082 Filed 9-28-00; 8:45 am]
BILLING CODE 3510-DS-P