# Notice of Amended Preliminary Determination: Canned Pineapple Fruit From Thailand > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-4320 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 22, 1995 - **Citation:** 60 FR 9820 ## Text 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 Although the Department has withdrawn the particular rulemaking proceeding pursuant to which the Proposed Regulations were issued, the subject matter of these regulations is being considered in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................................................. \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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-4320. Public record. Not legal advice.