Canned Pineapple Fruit from Thailand: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 61432-61433 [E5-5863]

Download as PDF 61432 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices 4, 2005, COFANT submitted a letter to the Department objecting to the Russian respondents’ extension request. The Department granted the Russian respondents an extension and on May 9, 2005, the Department received a substantive supplemental response from the Russian respondents. COFANT and the Russian respondents filed rebuttal briefs to each other’s substantive responses on May 16, 2005. See COFANT’s and the Russian respondents’ rebuttal responses, dated May 16, 2005. On May 24, 2005, the Department issued a questionnaire to the Russian respondents, requesting additional information on their substantive responses. On June 1, 2005, the Russian respondents submitted this additional information. In a sunset review, the Department normally will conclude that there is adequate response from respondent interested parties such that it is appropriate to conduct a full sunset review where respondent interested parties who filed complete substantive responses account for more than 50 percent, by volume, of total exports of subject merchandise to the United States. See Section 351.218(e)(1)(ii)(A) of the Department’s regulations. After examining the respondent interested parties’ total exports of the subject merchandise, the Department determined that the respondent interested parties, who filed complete substantive responses, accounted for the requisite amount of production. See Memorandum from the Sunset Team to Ronald Lorentzen, Acting Director, Office of Policy, ‘‘Adequacy Determination: Sunset Review of the Antidumping Duty Suspension Agreement on Ammonium Nitrate from the Russian Federation,’’ dated May 24, 2005. Because the respondent interested parties submitted an adequate response to the notice of initiation, the Department is conducting a full (240day) sunset review in accordance with section 751(c)(5)(A) of the Act, and section 351.218(e)(1)(i) of the Department’s regulations. On May 24, 2005, the Department notified the International Trade Commission (‘‘ITC’’) that it received an adequate response to the notice of initiation from the respondent interested parties and, therefore, is conducting a full (240-day) sunset review. The Department’s preliminary results of this review were scheduled for July 20, 2005, and its final results of this review were scheduled for November 28, 2005. On July 19, 2005, the Department decided to extend time limits for its preliminary and final results in the full sunset review of the VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 suspended antidumping duty investigation on ammonium nitrate from Russia because it needed additional time for its analysis. As a result of this extension, the Department is issuing the preliminary results of this sunset review on or about October 18, 2005 and the final results of this sunset review by February 27, 2006. Analysis of Comments Received All issues raised by parties to this sunset review are addressed in the Issues and Decision Memorandum for the Suspended Antidumping Duty Investigation on Ammonium Nitrate from the Russian Federation (‘‘Decision Memorandum’’) from Ron Lorentzen, Acting Director, Office of Policy, Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary, Import Administration, dated October 17, 2005, which is adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail were the suspended antidumping duty investigation to be terminated. Parties may find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room B–099, of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https://ia.ita.doc.gov/frn, under the heading ‘‘October 2005.’’ The paper copy and electronic version of the Decision Memorandum are identical in content. Department’s regulations. Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed not later than December 12, 2005. Any hearing, if requested, will be held on December 14, 2005, in accordance with section 351.310(d) of the Department’s regulations. The Department will issue a notice of final results of this sunset review, which will include the results of its analysis of issues raised in any such comments, no later than February 27, 2006. This sunset review and notice are in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: October 17, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–5864 Filed 10–21–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–549–813] Canned Pineapple Fruit from Thailand: Final Results and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 8, 2005, the Department of Commerce (the Department) published in the Federal Register the preliminary results and partial preliminary rescission of the administrative review of the antidumping duty order on canned pineapple fruit from Thailand. This Preliminary Results of Review review covers two manufacturers/ We preliminarily determine that exporters: Vita Food Factory (1989) Ltd. termination of the suspended (Vita) and Thai Pineapple Canning antidumping duty investigation on Industry Corp., Ltd. (TPC). The period ammonium nitrate from Russia would of review (POR) is July 1, 2003, through likely lead to a continuation or June 30, 2004. recurrence of dumping at the following We provided interested parties with percentage weighted–average margin: an opportunity to comment on the preliminary results of review. However, Weighted– we received no comments from average Exporter/manufacturer interested parties. In these final results, margin (percent) we have made no changes to the weighted–average dumping margins JSC Azot Nevinnomyssky .......... 253.98 calculated for TPC and Vita in the Russia–Wide ............................... 253.98 preliminary results of this administrative review. Any interested party may request a hearing within 30 days of publication of EFFECTIVE DATE: October 24, 2005. this notice in accordance with section FOR FURTHER INFORMATION CONTACT: 351.310(c) of the Department’s Magd Zalok or Drew Jackson, AD/CVD regulations. Interested parties may Operations, Office 4, Import submit case briefs no later than Administration, International Trade December 7, 2005, in accordance with Administration, U.S. Department of section 351.309(c)(1)(i) of the Commerce, 14th and Constitution PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\24OCN1.SGM 24OCN1 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices Avenue, NW., Washington, DC 20230; telephone: (202) 482–4162 or (202) 482– 4406, respectively. SUPPLEMENTARY INFORMATION: exist for the period July 1, 2003, through June 30, 2004: Background Vita Food Factory (1989) Ltd. ................. Thai Pineapple Canning Industry Corp., Ltd. ... 61433 On August 8, 2005, the Department published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on canned pineapple fruit from Thailand. See Canned Pineapple Fruit From Thailand: Preliminary Results of Antidumping Duty Administrative Review, 70 FR 45651 (August 8, 2005) (Preliminary Results). No interested parties filed case briefs in response to the Department’s invitation to comment on the Preliminary Results. Scope of the Order The product covered by the order is canned pineapple fruit, 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. Imports of canned pineapple fruit are 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 canned pineapple fruit packed in a sugar–based syrup; HTSUS 2008.20.0090 covers canned pineapple fruit packed without added sugar (i.e., juice–packed). The HTSUS subheadings are provided for convenience and customs purposes. The written description of the merchandise covered by this order is dispositive. Partial Final Rescission of Review As stated in the preliminary results of this review, the Department confirmed that Prachuab Fruit Canning Co., Ltd. (PRAFT) made no shipments of subject merchandise during the POR. Therefore, consistent with the Department’s preliminary results of this review, and in accordance with 19 CFR § 351.213(d)(3), we are rescinding the instant review with respect to PRAFT. Analysis of Comments Received As noted above, we received no comments on the preliminary results of review. In these final results, we have made no changes to the weighted– average dumping margins calculated for TPC and Vita in the preliminary results of this administrative review. Final Results of Review We determine that the following weighted–average percentage margins VerDate Aug<31>2005 15:19 Oct 21, 2005 Jkt 208001 Manufacturer/Exporter manufacturer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will Margin (percent) be the ‘‘all others’’ rate, which is 24.64 percent. These deposit requirements shall remain in effect until publication 9.12 of the final results of the next 51.16 administrative review. Assessment The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR § 351.212(b)(1), we calculated importer–specific assessment rates for Vita’s subject merchandise. Since Vita did not report the entered value for its sales, we calculated per– unit assessment rates for its merchandise by aggregating the dumping margins calculated for all U.S. sales to each importer and dividing this amount by the total quantity of those sales. To determine whether the per– unit duty assessment rates were de minimis (i.e., less than 0.50 percent ad valorem), in accordance with the requirement set forth in 19 CFR § 351.106(c)(2), we calculated importer– specific ad valorem ratios based on export prices. Where the importer– specific assessment rate is above de minimis, we will instruct CBP to assess the importer–specific rate uniformly on all entries made during the POR. For TPC, the respondent receiving a dumping margin based upon adverse facts available (AFA), we will instruct CBP to liquidate entries according to the AFA ad valorem rate. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of canned pineapple fruit from Thailand entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of review, as provided by section 751(a)(1) of the Act: (1) the cash deposit rates for Vita and TPC will be the rates shown 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 less–thanfair–value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Reimbursement of Duties 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR § 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 771(i)(1) of the Tariff Act of 1930, as amended. Dated: October 17, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–5863 Filed 10–21–05; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE [Docket No. 2005–P–071] Patent and Trademark Office Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Vapreotide Acetate United States Patent and Trademark Office. ACTION: Notice of interim patent term extension. AGENCY: SUMMARY: The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61432-61433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5863]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Canned Pineapple Fruit from Thailand: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2005, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results and partial 
preliminary rescission of the administrative review of the antidumping 
duty order on canned pineapple fruit from Thailand. This review covers 
two manufacturers/exporters: Vita Food Factory (1989) Ltd. (Vita) and 
Thai Pineapple Canning Industry Corp., Ltd. (TPC). The period of review 
(POR) is July 1, 2003, through June 30, 2004.
    We provided interested parties with an opportunity to comment on 
the preliminary results of review. However, we received no comments 
from interested parties. In these final results, we have made no 
changes to the weighted-average dumping margins calculated for TPC and 
Vita in the preliminary results of this administrative review.

EFFECTIVE DATE: October 24, 2005.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Drew Jackson, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution

[[Page 61433]]

Avenue, NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 
482-4406, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2005, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on canned pineapple fruit from Thailand. See Canned 
Pineapple Fruit From Thailand: Preliminary Results of Antidumping Duty 
Administrative Review, 70 FR 45651 (August 8, 2005) (Preliminary 
Results). No interested parties filed case briefs in response to the 
Department's invitation to comment on the Preliminary Results.

Scope of the Order

    The product covered by the order is canned pineapple fruit, 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. Imports of canned pineapple fruit are 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 canned pineapple fruit packed in a sugar-based 
syrup; HTSUS 2008.20.0090 covers canned pineapple fruit packed without 
added sugar (i.e., juice-packed). The HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
merchandise covered by this order is dispositive.

Partial Final Rescission of Review

    As stated in the preliminary results of this review, the Department 
confirmed that Prachuab Fruit Canning Co., Ltd. (PRAFT) made no 
shipments of subject merchandise during the POR. Therefore, consistent 
with the Department's preliminary results of this review, and in 
accordance with 19 CFR Sec.  351.213(d)(3), we are rescinding the 
instant review with respect to PRAFT.

Analysis of Comments Received

    As noted above, we received no comments on the preliminary results 
of review. In these final results, we have made no changes to the 
weighted-average dumping margins calculated for TPC and Vita in the 
preliminary results of this administrative review.

Final Results of Review

    We determine that the following weighted-average percentage margins 
exist for the period July 1, 2003, through June 30, 2004:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Vita Food Factory (1989) Ltd........................                9.12
Thai Pineapple Canning Industry Corp., Ltd..........               51.16
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR Sec.  
351.212(b)(1), we calculated importer-specific assessment rates for 
Vita's subject merchandise. Since Vita did not report the entered value 
for its sales, we calculated per-unit assessment rates for its 
merchandise by aggregating the dumping margins calculated for all U.S. 
sales to each importer and dividing this amount by the total quantity 
of those sales. To determine whether the per-unit duty assessment rates 
were de minimis (i.e., less than 0.50 percent ad valorem), in 
accordance with the requirement set forth in 19 CFR Sec.  
351.106(c)(2), we calculated importer-specific ad valorem ratios based 
on export prices. Where the importer-specific assessment rate is above 
de minimis, we will instruct CBP to assess the importer-specific rate 
uniformly on all entries made during the POR. For TPC, the respondent 
receiving a dumping margin based upon adverse facts available (AFA), we 
will instruct CBP to liquidate entries according to the AFA ad valorem 
rate. The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of canned pineapple fruit from Thailand entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
these final results of review, as provided by section 751(a)(1) of the 
Act: (1) the cash deposit rates for Vita and TPC will be the rates 
shown 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 less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review conducted by the Department, the cash deposit rate will be the 
``all others'' rate, which is 24.64 percent. These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation that is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 771(i)(1) of the Tariff Act of 
1930, as amended.

    Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5863 Filed 10-21-05; 8:45 am]
Billing Code: 3510-DS-S

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