[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5792-5793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1794]


-----------------------------------------------------------------------

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 8, 2007, 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, 72 FR 44490 (August 8, 2007) 
(Preliminary Results). This review covers shipments of subject 
merchandise to the United States for the period July 1, 2005 through 
June 30, 2006, made by Vita Food Factory (1989) Ltd. (Vita) and 
Tropical Food Industries Co. Ltd. (Trofco).
    The Department determines that Vita and Trofco made sales to the 
U.S. at less than normal value. The final results are listed below in 
the section titled ``Final Results of Review''.

EFFECTIVE DATE: January 31, 2008.

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

    On August 8, 2007, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on CPF from Thailand. See Preliminary Results. 
We conducted a sales and cost verification of Vita from September 17 
through September 25, 2007. See Verification of the U.S. and Comparison 
Market Sales Information and the Cost Information in the Response of 
Vita Food Factory (1989) Co., Ltd. for the 2005-06 Administrative 
Review of Canned Pineapple Fruit (CPF) from Thailand, issued on 
November 30, 2007 (Vita Verification Report). Furthermore, we conducted 
a sales verification of Trofco on September 26 through September 28, 
2007. See Verification of the U.S. and Comparison Market Sales 
Information of Tropical Food Industries Co., Ltd. for the 2005-06 
Administrative Review of Canned Pineapple Fruit (CPF) from Thailand, 
issued on November 30, 2007 (Trofco Verification Report). We invited 
interested parties to comment on the preliminary results and the 
verification reports. We received no comments.

Scope of the Antidumping Duty 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

[[Page 5793]]

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.

Changes Since the Preliminary Results

    Based on our findings at verification, we have made minor 
adjustments in the methodology that was used in the Preliminary Results 
for Trofco and Vita and accounted for corrections to their reported 
data.
    At verification, Vita provided minor corrections relating to its 
reported commissions in the comparison market. Moreover, the Department 
identified additional minor corrections to Vita's reported commissions 
data. As a result, we have made adjustments to certain comparison 
market commissions made by Vita. Vita also provided minor corrections 
to its packing expenses and its direct selling expenses. As a result, 
we have made adjustments to Vita's packing expenses and direct selling 
expenses. For a further explanation of these changes, see Vita 
Verification Report at pages 3-4. Furthermore, based on information 
obtained since the preliminary results of this review, we have 
determined that Vita's reported commissions are more appropriately 
treated as discounts for the majority of sales by Vita to the United 
States. See Vita Verification Report at page 7; see also the Memorandum 
to the File, from Douglas Kirby through Dana Mermelstein (Program 
Manager) re: Analysis of Vita for the Final Results, dated January 24, 
2008, on file in the Central Record Unit, room B-099 of the main 
Department of Commerce building (CRU).
    Trofco also provided minor corrections at verification to its 
reported packing expenses. As a result, we have revised Trofco's 
packing expenses. Furthermore, Trofco provided minor corrections to its 
direct selling expenses for U.S. sales. As a result, we have revised 
Trofco's direct selling expenses for U.S. sales. See Trofco 
Verification Report at page 2; see also the Memorandum to the File, 
from Myrna Lobo through Dana Mermelstein (Program Manager) re: Analysis 
of Trofco for the Final Results, dated January 24, 2008, on file in the 
Central Record Unit, room B-099 of the main Department of Commerce 
building (CRU).

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period July 1, 2005 
through June 30, 2006:

------------------------------------------------------------------------
                                                       Weighted Average
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Vita Food Factory (1989) Ltd........................        7.13 percent
Tropical Food Industries Co., Ltd...................       10.40 percent
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930 
(the Act), and 19 CFR 351.212(b). The Department calculated importer- 
specific duty assessment rates (or, when the importer was unknown by 
the respondent, customer-specific duty assessment rates) on the basis 
of the ratio of the total amount of antidumping duties calculated for 
the examined sales observations involving each importer to the total 
entered value of the examined sales observations for that importer. The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
their merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
``All Others'' rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a discussion of this 
clarification, see Notice of Policy Concerning Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposits

    Furthermore, the following deposit requirements will be effective 
upon publication of these final results of this administrative review 
for all shipments of canned pineapple fruit from Thailand entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of these final results, as provided by section 751(a) of the Act: 
(1) for companies covered by this review, the cash deposit rate will be 
the rate listed 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 investigation, but the producer is, the cash deposit rate will be 
that established for the producer of the merchandise in these final 
results of review, a prior review, or in the final determination; and 
(4) if neither the exporter nor the producer is a firm covered in this 
review, a prior review, or the investigation, the cash deposit rate 
will be 24.64 percent, the ``all-others'' rate established in the less-
than-fair-value investigation. These deposit requirements shall remain 
in effect until publication of the final results of the next 
administrative review.

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. 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 results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-1794 Filed 1-30-08; 8:45 am]
BILLING CODE 3510-DS-S