Federal Register: December 31, 2003 (Volume 68, Number 250)
DOCID: FR Doc 03-32226
DEPARTMENT OF COMMERCE
International Trade Administration
DOCUMENT ID: [A-549-813]
NOTICE: NOTICES
ACTION: Antidumping:
SUBJECT CATEGORY:
Notice of Amended Final Results of Seventh Administrative Review: Canned Pineapple Fruit From Thailand
EFFECTIVE DATES: December 31, 2003.
SUMMARY:
Canned pineapple fruit from—; Thailand,
FOR FURTHER INFORMATION CONTACT
Marin Weaver or Charles Riggle, Group II, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482 2336, (202) 4820650, respectively.
[[Page 75486]]
Scope of Order
The product covered by this order is canned pineapple fruit (CPF). 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 sugarbased syrup; HTSUS 2008.20.0090 covers CPF packed without added sugar (i.e., juicepacked). Although these HTSUS subheadings are provided for convenience and for customs purposes, our written description of the scope is dispositive.
Amended Final Determination
In accordance with section 751(a) the Tariff Act of 1930, as amended, (the Act), on November 19, 2003, the Department published its final results of the antidumping duty administrative review of CPF from Thailand (Notice of Final Results of Antidumping Duty Administrative Review, Rescission of Administrative Review in Part, and Final Determination to Revoke Order in Part: Canned Pineapple Fruit from Thailand, 68 FR 65247, (Final Results)).
1. Vita Food Factory (1989) Co., Ltd. (Vita)
On November 20, 2003, Vita alleged that a ministerial error had
been made regarding the Department's final margin calculation. See
Ministerial Error Letter from Vita Re: Canned Pineapple Fruit from
Thailand: The Seventh Administrative Review for period of July 1, 2001
to June 30, 2002 (November 20, 2003). In accordance with section 751(h)
of the Act, we have determined that a ministerial error was made in
determining the calculation of Vita's variable overhead cost factor.
See Memorandum to Holly Kuga; Subject: Seventh Administrative Review of
Canned Pineapple Fruit from Thailand RE: Ministerial Error Allegation
Vita Food Factory Ltd. (December 17, 2003). Pursuant to section 751(h)
of the Act, we have corrected the error and are amending the final
results of review accordingly. The corrected margin for Vita is 1.77
percent. See the Memorandum from Monica Gallardo to the File, Revised
Analysis Memorandum for Vita Food Factory Ltd. Re: Amended Final
Results of Seventh Administrative Review of Canned Pineapple Fruit from Thailand (December 17, 2003).
2. Dole Food Company, Inc., Dole Packaged Foods Company, and Dole Thailand, Ltd.'s (collectively, Dole)
In addition, on November 20, 2003, we received timely ministerial error allegations from Maui Pineapple Company and the International Longshoremen's and Warehousemen's Union (the petitioners) regarding Dole. We have determined that the petitioners' allegations with regard to Dole do not constitute ministerial errors as defined by section 351.224(f) of the Department's regulations. See Memorandum to Holly Kuga; Subject: Seventh Administrative Review of Canned Pineapple Fruit from Thailand RE: Ministerial Error Allegations for Dole Food Company, Inc., Dole Packaged Foods Company, and Dole Thailand, Ltd.'s (December 17, 2003).
The Department shall determine, and the U.S. Customs and Border Protection shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the assessment of antidumping duties on all appropriate entries, see Final Results.
Dated: December 17, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.