Canned Pineapple Fruit from Thailand: Final Results of Antidumping Duty New Shipper Review, 26080-26081 [E8-10278]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Notices]
[Pages 26080-26081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10278]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Canned Pineapple Fruit from Thailand: Final Results of 
Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 27, 2007, the Department of Commerce (the 
Department) published the preliminary results of the new shipper review 
of the antidumping duty order on canned pineapple fruit (CPF) from 
Thailand. This review covers one producer/exporter of the subject 
merchandise to the United States, C & A Products Co., Ltd. (C&A). The 
period of review (POR) is July 1, 2006 through December 31, 2006. 
Subsequent to the preliminary results, we conducted verification and 
provided parties with an opportunity to comment. As discussed below in 
the section on ``Verification,'' no changes to the preliminary dumping 
margin were warranted by the results of verification. Furthermore, no 
parties submitted any comments. Therefore, the final results do not 
differ from those presented in the preliminary results. The final 
weighted-average dumping margin for C&A is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: May 8, 2008.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-2371.

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2007, the Department published the preliminary 
results of the new shipper review of the antidumping duty order on CPF 
from Thailand. See Canned Pineapple Fruit from Thailand: Preliminary 
Results of Antidumping Duty New Shipper Review, 72 FR 73318 (December 
27, 2007). Since the publication of the preliminary results, we 
conducted verification of C&A's sales information in Bangkok,

[[Page 26081]]

Thailand and issued our verification report. See Memorandum to File 
through Dana Mermelstein, Program Manager from Myrna Lobo, 
International Trade Compliance Analyst, Verification of the Sales 
Response of C & A Products Co., Ltd. in the Antidumping Duty New 
Shipper Review of Canned Pineapple Fruit from Thailand (Verification 
Report), dated February 21, 2008, the public version of which is on 
file in the Central Records Unit (CRU) located in room 1117 of the Main 
Commece Building. On February 25, 2008 we issued a briefing schedule 
giving interested parties the opportunity to submit comments. On March 
10, 2008, the Department extended the time limit for completion of the 
final results of the instant new shipper review to May 19, 2008. See 
Canned Pineapple Fruit from Thailand: Extension of Time Limit for Final 
Results of Antidumping Duty New Shipper Review, 73 FR 12704 (March 10, 
2008). No comments were submitted by any of the parties.

Scope of the Order

    The product covered by this order is CPF, 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 for customs purposes, the written description of the 
scope is dispositive. There have been no scope rulings for the subject 
order.

Period of Review

    This review covers the period July 1, 2006 through December 31, 
2006.

Bona Fides Analysis of U.S. Sales

    In the preliminary results, we found that C&A's reported U.S. sales 
during the POR were bona fide sales, as required by 19 CFR 
351.214(b)(2)(iv)(c), based on the totality of the facts on the record. 
See Memorandum to Barbara E. Tillman, Office Director, from Myrna Lobo, 
International Trade Compliance Analyst regarding Antidumping Duty New 
Shipper Review of Canned Pineapple Fruit from Thailand: Bona Fides 
Analysis of Sales Reported by C & A Products Co., Ltd., dated December 
19, 2007, for further discussion of our price and quantity analysis. No 
comments were submitted on our preliminary finding and we found no 
information at verification which would alter our finding. Therefore, 
for these final results, the Department continues to find that C&A's 
U.S. sales during the POR were bona fide commercial transactions.

Verification

    As provided in 19 CFR 351.307(b)(1)(iv), the Department conducted 
verification of C&A's questionnaire responses at the company's offices 
in Bangkok, Thailand from February 4, 2008 to February 7, 2008. Our 
verification results are detailed in Verification Report. We accepted 
one minor correction at verification to the inventory turnover days 
reported by C&A. The corrected inventory turnover days was verified. 
See Verification Report at page 2.
    The correction to inventory turnover days results in a revision to 
inventory carrying costs. However, in this case, these costs are not 
used in our margin calculation, and this change has no impact on the 
final margin calculations. Therefore, the final results are the same as 
the preliminary results.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period July 1, 2006, through December 31, 2006:

------------------------------------------------------------------------
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
C & A Products Co., Ltd.............................               0.00%
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., at or above 0.50 
percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the Department revoked this order effective October 
31, 2007. See Canned Pineapple Fruit from Thailand: Notice of Final 
Results of Changed Circumstances Review of the Antidumping Duty Order 
and Revocation of Antidumping Duty Order, 73 FR 21311 (April 21, 2008). 
The Department notified U.S. Customs and Border Protection (CBP) to 
discontinue suspension of liquidation on entries of the subject 
merchandise entered or withdrawn from warehouse on or after October 31, 
2007, the effective date of revocation of the antidumping duty order. 
Therefore, cash deposits of estimated antidumping duties are no longer 
required.

Notification to Importers

    This notice 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 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 (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 which is subject to sanction.
    This new shipper review is issued and published in accordance with 
sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act, as well as 19 CFR 
351.214(i).

    Dated: May 2, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-10278 Filed 5-7-08; 8:45 am]
BILLING CODE 3510-DS-S