[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Pages 9820-9821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4320]



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DEPARTMENT OF COMMERCE

International Trade Administration
[A-549-813]


Notice of Amended Preliminary Determination: Canned Pineapple 
Fruit From Thailand

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

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT: Jennifer Katt or Michelle Frederick, 
Office of Antidumping Investigations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0498 or (202) 482-0186, respectively.

APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all 
citations to the statute and to the Department's regulations are 
references to the provisions as they existed on December 31, 1994. 
References to the Antidumping and Countervailing Duties: Notice of 
Proposed Rulemaking and Request for Public Comments, 57 FR 1131 
(January 10, 1992) (concerning correction of ministerial errors in a 
preliminary determination) (``Proposed Regulations'') are provided 
solely for further explanation of the Department's practice and 
procedures with respect to correction of ministerial errors. Although 
the Department has withdrawn the particular rulemaking proceeding 
pursuant to which the Proposed Regulations were issued, the subject 
matter of these regulations is being considered in connection with an 
ongoing rulemaking proceeding which, among other things, is intended to 
conform the Department's regulations to the Uruguay Round Agreements 
Act. See 60 FR 80 (January 3, 1995).

AMENDED PRELIMINARY DETERMINATION: In accordance with section 733(b) of 
the Tariff Act of 1930, as amended (the Act), on January 4, 1995, the 
Department of Commerce (the Department) made its preliminary 
determination that canned pineapple fruit (CPF) from Thailand was being 
sold at less than fair value (60 FR 2734, January 11, 1995). On January 
10 and 13, 1995, we disclosed our calculations for the preliminary 
determination to counsel for respondents, the Thai Public Pineapple 
Company (TIPCO), Siam Agro Industry Pineapple and Others Public Co., 
Ltd. (SAICO), and Malee Sampran Factory Public Co., Ltd. (Malee), to 
counsel to respondent Dole Food Company, Inc. and its affiliates, Dole 
Packaged Foods Company and Dole Thailand, Inc. (collectively Dole) and 
to counsel for the petitioners, respectively, pursuant to their 
requests. On January 20, 1995, we received a submission from the 
petitioners alleging a ministerial error in the Department's 
preliminary determination calculations. (For specific details of this 
allegation and our analysis of it, see Memorandum from Gary Taverman to 
Barbara R. Stafford dated February 8, 1995.)
    The petitioners alleged that the Department incorrectly included 
movement expenses in its deductions for both direct and indirect 
selling expenses for Dole's third country observations made on an ex-
warehouse or delivered basis.
    We agree that the error alleged by the petitioners is a ministerial 
error. This error constitutes a significant ministerial error within 
the meaning of the Department's Proposed Regulations in that the 
correction results in a difference between a dumping margin of de 
minimis and a margin greater than de minimis. See section 
353.15(g)(4)(ii) of the Department's Proposed Regulations (57 FR 1131, 
January 10, 1992). Therefore, consistent with the Department's practice 
with respect to the correction of ministerial errors, we are amending 
Dole's preliminary dumping margin. The corrected dumping margin for 
Dole is 0.78 percent; as a result the ``All Others'' rate is now 3.92 
percent.

Suspension of Liquidation

    We are directing the Customs Service to correct our request to 
suspend liquidation in accordance with section 733(d)(1) of the Act, 
for all entries of CPF from Thailand.
    We are directing the Customs Service to suspend liquidation of all 
entries of CPF from Thailand from Dole that are entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this amended preliminary determination notice in the Federal Register. 
Because Dole's dumping margin is now greater than de minimis, and 
margins greater than de minimis are included within the all others 
rate, we are directing the Customs Service to correct the ``All 
Others'' rate so that it will reflect the rates for TIPCO, SAICO, 
Malee, and Dole.
    In accordance with section 733(d)(1) of the Act, we are directing 
the Customs Service to continue to suspend liquidation of all entries 
of CPF from Thailand for TIPCO, SAICO, Malee and All Others that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this amended preliminary determination notice in 
the Federal Register. The Customs Service shall require a cash deposit 
or the posting of a bond equal to the revised estimated preliminary 
dumping margins, as shown below. The suspension of liquidation will 
remain in effect until further notice. The weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                       Original  Revised
            Manufacturer/Producer/Exporter              margin    margin
                                                        percent  percent
------------------------------------------------------------------------
Dole.................................................   \<SUP>1\0.30     0.78
TIPCO................................................      7.81     7.81
SAICO................................................      9.55     9.55
Malee................................................      1.12    1.12 
[[Page 9821]]                                                           
                                                                        
All Others...........................................      6.73    3.92 
------------------------------------------------------------------------
\1\(De Minimis).                                                        

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission of our amended preliminary 
determination.
    This amended preliminary determination is published in accordance 
with section 733(f) of the Act.

    Dated: February 14, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-4320 Filed 2-21-95; 8:45 am]
BILLING CODE 3510-DS-P