Notice of Antidumping Duty Order and Amended Final Determination: Canned Pineapple Fruit From Thailand

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]

Notice of Antidumping Duty Order and Amended Final Determination:

Canned Pineapple Fruit From Thailand

Agency: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: July 18, 1995.

FOR FURTHER INFORMATION CONTACT: Michelle Frederick or Jennifer Katt,

Office of Antidumping Duty Investigations, Import Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue NW.,

Washington, D.C. 20230; telephone (202) 482-0186 or (202) 482-0498,

respectively.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute and to the

Department's regulations are in reference to the provisions as they

existed on December 31, 1994.

AMENDED FINAL DETERMINATION: In accordance with section 735(a) of the

Tariff Act of 1930, as amended (the Act), on May 26, 1995, the

Department made its final determination that canned pineapple fruit

(CPF) from Thailand is being, or is likely to be, sold in the United

States at less than fair value (60 FR 29553 (June 5, 1995)). After

publication of this determination, we received submissions, timely

filed pursuant to 19 CFR 353.28(b)(1994), from The Dole Food Company,

Inc., and its affiliates Dole Packaged Foods Company and Dole Thailand,

Inc. (collectively Dole), Siam Agro Industry

[[Page 36776]]

Pineapple and Others Co., Ltd. (SAICO), Malee Sampran Factory Public

Co. (Malee), and the petitioners alleging ministerial errors in the

Department's final determination. We determined, in accordance with 19

CFR 353.28(d), that the following ministerial errors were committed in

our margin calculations for Dole, SAICO, and Malee:

For Dole, we determined that we inadvertently relied on the

original shipment data, rather than the revised shipment figures, to

weight the dumping margins where Dole had shipments of both Dole-

produced and purchased merchandise. In addition, we unintentionally

excluded certain sales from the Department's final margin calculation.

Finally, we double counted the cost of citric acid in our calculations

of the cost of manufacturing.

For SAICO, we overstated the company's pineapple fruit cost through

the double-counting of growing expenses and other ministerial errors.

For Malee, we erroneously relied on the submitted packing costs,

rather than the amounts confirmed at verification. In addition, we

inadvertently relied on the gross, rather than net, general and

administrative expenses of Malee's parent company in our calculations

of the cost of production and constructed value.

No ministerial errors were committed in our final margin

calculation for The Thai Pineapple Public Co., Ltd. (TIPCO). For a

detailed discussion of the above-cited ministerial errors see the

Memorandum from The Team to Barbara R. Stafford dated June 28, 1995, on

file in Room B-099 of the Main Commerce Building. In accordance with 19

CFR 353.28(c), we are amending the final result of the antidumping duty

investigation of canned pineapple fruit from Thailand to correct these

ministerial errors. The revised final weighted average dumping margins

are as follows:

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

Original Revised

Manufacturer/producer/exporter margin margin

percent percent

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

Dole................................................ 2.36 1.73

TIPCO............................................... 38.68 38.68

SAICO............................................... 55.77 51.16

Malee............................................... 43.43 41.74

All others.......................................... 25.76 24.64

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

Scope of Investigation and Order

The product covered by this investigation is canned pineapple

fruit. For the purposes of this investigation and order, 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 the HTSUS subheadings are provided for

convenience and customs purposes, our written description of the scope

of this proceeding is dispositive.

Antidumping Duty Order

On July 10, 1995, in accordance with section 735(d) of the Act, the

U.S. International Trade Commission (ITC) notified the Department that

imports of CPF from Thailand materially injure a U.S. industry.

Therefore, in accordance with section 736 of the Act, the Department

will direct United States Customs officers to assess, upon further

advice by the administering authority pursuant to section 736(a)(1) of

the Act, antidumping duties equal to the amount by which the foreign

market value of the merchandise exceeds the United States price for all

entries of CPF from Thailand. These antidumping duties will be assessed

on all unliquidated entries of CPF from Thailand entered, or withdrawn

from warehouse, for consumption on or after January 11, 1995, the date

on which the Department published its preliminary determination notice

in the Federal Register (60 FR 2734).

On or after the date of publication of this notice in the Federal

Register, U.S. Customs officers must require, at the same time as

importers would normally deposit estimated duties, the following cash

deposits for the subject merchandise:

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

Weighted-

average

Manufacturer/producer/exporter margin

percentage

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

Dole....................................................... 1.73

TIPCO...................................................... 38.68

SAICO...................................................... 51.16

Malee...................................................... 41.74

All others................................................. 24.64

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

This notice constitutes the antidumping duty order with respect to

CPF from Thailand, pursuant to section 736(a) of the Act. Interested

parties may contact the Central Records Unit, Room B-099 of the Main

Commerce Building, for copies of an updated list of antidumping duty

orders currently in effect.

This order is published in accordance with section 736(a) of the

Act and 19 CFR 353.21.

Dated: July 11, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-17498 Filed 7-17-95; 8:45 am]

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