Initiation of Antidumping Duty Investigation: Canned Pineapple Fruit From Thailand

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]

Initiation of Antidumping Duty Investigation: Canned Pineapple

Fruit From Thailand

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: July 5, 1994.

FOR FURTHER INFORMATION CONTACT: Stephen Alley or Lori Way, 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) 482-5288

and 482-0656, respectively.

Initiation of Investigation

The Petition

On June 8, 1994, we received a petition filed in proper form from

Maui Pineapple Company, Ltd. and the International Longshoremen's and

Warehousemen's Union. Petitioners filed supplements to the petition on

June 14 and 20, 1994. In accordance with 19 CFR 353.12, petitioners

allege that imports of canned pineapple fruit from Thailand are being,

or are likely to be, sold in the United States at less than fair value

within the meaning of section 731 of the Tariff Act of 1930, as amended

(the Act), and that these imports are materially injuring, or threaten

material injury to, a U.S. industry.

Petitioners have stated that they have standing to file the

petition because they represent interested parties as defined under

section 771(9)(C) and (D) of the Act, and because the petition was

filed on behalf of the U.S. industry producing the product subject to

this investigation. If any interested party, as described under

paragraphs (C), (D), (E) or (F) of section 771(9) of the Act, wishes to

register support for, or opposition to, this petition, such party

should file a written notification with the Assistant Secretary for

Import Administration.

Scope of Investigation

The product covered by this investigation is canned pineapple fruit

(CPF). For the purposes of this investigation, 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 customs purposes, our written description of the scope

is dispositive.

United States Price and Foreign Market Value

Petitioners based U.S. price (USP) on average unit values derived

from U.S. Customs IM-146 import statistics. To calculate U.S. price,

petitioners made deductions for foreign inland freight.

Petitioners used Thai home market delivered price quotes provided

by a market researcher to calculate foreign market value (FMV).

According to petitioners, there is no difference in quality between the

CPF sold in the Thai and U.S. markets. To calculate FMV, petitioners

deducted an amount for home market inland freight expenses, and then

converted the net price to dollars using contemporaneous exchange rates

from the Federal Reserve.

The margin alleged by petitioners is 138.48 percent. If it becomes

necessary at a later date to consider the petition as a source of best

information available (BIA) in this investigation, we may review more

thoroughly all of the bases for USP and FMV in determining BIA.

Initiation of Investigation

We have examined the petition on CPF from Thailand and have found

that it meets the requirements of section 732(b) of the Act and 19 CFR

353.13(a). Therefore, we are initiating an antidumping duty

investigation to determine whether imports of CPF from Thailand are

being, or are likely to be, sold in the United States at less than fair

value.

International Trade Commission Notification

Section 732(d) of the Act requires us to notify the International

Trade Commission (ITC) of this action and we have done so.

Preliminary Determination by the ITC

The ITC will determine by July 25, 1994, pursuant to section

733(a)(1) of the Act, whether there is a reasonable indication that

imports of CPF from Thailand are materially injuring, or threaten

material injury to, a U.S. industry. Pursuant to section 733(a)(2) of

the Act, a negative ITC determination will result in this investigation

being terminated; otherwise, the investigation will proceed according

to statutory and regulatory time limits.

This notice is published pursuant to section 732(c)(2) of the Act

and 19 CFR 353.13(b).

Dated: June 27, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-16208 Filed 7-1-94; 8:45 am]

BILLING CODE 3510-DS-P