Canned Pineapple Fruit From Thailand: Final Results of Antidumping Duty Administrative Review, 74458-74459 [E8-28972]

Download as PDF mstockstill on PROD1PC66 with NOTICES 74458 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices a reasoned explanation for its determination. Specifically, first, the CIT ordered the Department to make a determination as to the practicability of allowing China Kingdom to explain the deficient responses, that is required by section 782(d) of the Tariff Act of 1930, as amended (the Act), and, in doing so, to afford China Kingdom a reasonable opportunity to explain the deficiency affecting the information on Chaohu Daxin Foodstuff Co., Ltd.’s (Daxin) total production and the calculated data for eight of the eleven factors of production. Second, the CIT specified that once China Kingdom has provided its explanation regarding the deficient information, the Department must make the determinations required by either section 782(d)(1) or (2) of the Act, or both, with respect to the substitute information. Third, the CIT ordered that the Department may use facts otherwise available solely to determine the total amount of Daxin’s production of subject merchandise, and to calculate and determine the eight incorrectly reported factors of production during the period of review. Lastly, the CIT instructed that the Department may use adverse inferences only to a limited extent, and must demonstrate that the use of adverse inferences is not punitive, aberrational, or uncorroborated. On February 1, 2008, the Department released the draft final results of redetermination for comment. No party submitted comments by the February 11, 2008, deadline. On March 4, 2008, the Department filed its final results of redetermination pursuant to the CIT’s order. See Results of Redetermination on Remand Pursuant to China Kingdom Import & Export Co., Ltd. v. United States. In the remand results, pursuant to the CIT’s order, the Department recalculated China Kingdom’s margin using adverse facts available only to a limited extent. Specifically, the Department only applied adverse facts available to those factors which China Kingdom incorrectly reported in its responses. Therefore, for the remand results, the Department utilized China Kingdom’s correctly reported factors in its margin calculation. On September 12, 2008, the CIT issued its judgment affirming the Department’s remand results. On October 17, 2008, consistent with the decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was not in harmony with Department’s final results. See Crawfish Tail Meat from the People’s Republic of China: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 73 FR 61782 VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 (October 17, 2008). There was no appeal of the CIT’s decision to the U.S. Court of Appeals for the Federal Circuit filed within the appeal period. Therefore, the CIT’s decision is now final and conclusive. Amended Final Results of the Review As the litigation in this case has concluded, the Department is amending the Final Results to reflect the results of our remand redetermination. The revised dumping margin in the amended final results is as follows: Exporter/Manufacturer Weighted–Average Margin (Percent) China Kingdom Import & Export Co. Ltd. ...... 90.66 The Department will instruct U.S. Customs and Border Protection (CBP) to liquidate entries of freshwater crawfish tail meat from the People’s Republic of China during the review period at the assessment rate the Department calculated for the final results of review as amended. We intend to issue assessment instructions to CBP 15 days after the date of publication of these amended final results of review. This notice is published in accordance with sections 751(a)(1) and 777(i) of the Act. November 24, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–29015 Filed 12–5–08; 8:45 am] CFR 102-3.65, and after consultation with GSA, the Secretary of Commerce has determined that the renewal of the Exporters’ Textile Advisory Committee is in the public interest in connection with the performance of duties imposed on the Department by law. The Committee shall provide advice and guidance to Department officials on the identification and surmounting of barriers to the expansion of textile exports, and on methods of encouraging textile firms to participate in export expansion. The Committee shall consist of approximately 40 members appointed by the Secretary of Commerce to ensure a balanced representation of textile and apparel products. Representatives of small, medium and large firms with broad geographical distribution in exporting shall be included on the Committee. The Committee shall function solely as an advisory body in compliance with the provisions of the Federal Advisory Committee Act. Dated: December 2, 2008. Janet E. Heinzen, Acting Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. E8–28980 Filed 12–5–08; 8:45 am] BILLING CODE 3510–DS DEPARTMENT OF COMMERCE International Trade Administration [A–549–813] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Exporters’ Textile Advisory Committee ACTION: Notice. SUMMARY: Renewal of the Exporters’ Textile Advisory Committee (ETAC): The ETAC is renewed for the period October 1, 2008 - September 30, 2010. FOR FURTHER INFORMATION CONTACT: Janet E. Heinzen, Acting Deputy Assistant Secretary for Textiles and Apparel, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Room 3100, Washington, DC 20230 telephone: (202) 482-3737, e-mail: matt.priest@mail.doc.gov. SUPPLEMENTARYINFORMATION: In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the General Services Administration (GSA) rule on Federal Advisory Committee Management, 41 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Canned Pineapple Fruit From Thailand: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 6, 2008, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on canned pineapple fruit (CPF) from Thailand. See Canned Pineapple Fruit from Thailand: Preliminary Results of Antidumping Duty Administrative Review, 73 FR 45695 (August 6, 2008) (Preliminary Results). This review covers one producer/exporter of the subject merchandise to the United States, Vita Food Factory (1989) Co., Ltd. (Vita). The period of review (POR) is July 1, 2006 through June 30, 2007. Subsequent to the Preliminary Results, we provided parties with an opportunity to comment. No parties submitted any comments. Therefore, the final results do not differ from those E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices presented in the Preliminary Results. The final weighted-average dumping margin for Vita is listed below in the section entitled ‘‘Final Results of Review.’’ Effective Date: December 8, 2008. Paul Matino or Douglas Kirby, 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) 482–4146 or (202) 482– 3782. DATES: FOR FURTHER INFORMATION CONTACT: Scope of the Order The product covered by this 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. 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., juicepacked). 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 June 30, 2007. Final Results of Review mstockstill on PROD1PC66 with NOTICES Following the preliminary results of this review, we discovered an error in the calculation of U.S. price related to domestic inland freight incurred on U.S. sales. We have corrected this error for these final results. See Antidumping Duty Administrative Review of Canned Pineapple Fruit from Thailand: Changes Since the Preliminary Results, dated concurrently with this notice. Accordingly, we determine that the following weighted-average margin percentage exists for the period July 1, 2006, through June 30, 2007: on all appropriate entries, pursuant to section 771(a)(1)(B) of the Tariff Act of 1930 (the Act), and 19 CFR 351.212(b). 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 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. Certificate on Reimbursement 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 antidumping duties occurred, and in the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice is the only reminder to parties subject to the administrative protective order (APO) of their Manufacturer/exporter Margin responsibility concerning the return or destruction of proprietary information Vita Food Factory (1989) Co., Ltd. 3.02% disclosed under the APO in accordance with 19 CFR 351.305(a)(3) of the Assessment Department’s regulations. Timely The Department shall determine, and written notification of the return or U.S. Customs and Border Protection destruction of APO materials or (CBP) shall assess, antidumping duties conversion to judicial protective order is VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 74459 hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 51(a)(1) and 777(i)(1) of the Act. Dated: December 1, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–28972 Filed 12–5–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–337–806 Individually Quick Frozen Red Raspberries from Chile: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 4, 2008, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on individually quick frozen red raspberries from Chile. The period of review is July 1, 2006, through June 30, 2007. This review covers sales of individually quick frozen red raspberries with respect to Sociedad Agroindustrial Valle Frio Ltda (‘‘Valle Frio’’). We provided interested parties with an opportunity to comment on the preliminary results of this review but received no comments. The final results do not differ from the preliminary results of this review. EFFECTIVE DATE: December 8, 2008. FOR FURTHER INFORMATION CONTACT: Yasmin Nair, Alexander Montoro, or Nancy Decker, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–3813, (202) 482–0238, or (202) 482–0196, respectively. SUPPLEMENTARY INFORMATION: Background In the preliminary results of this review (see Notice of Preliminary Results of Antidumping Duty Administrative Review: Certain Individually Quick Frozen Red Raspberries from Chile, 73 FR 45212 (August 4, 2008) (‘‘Preliminary Results’’)), the Department of Commerce (‘‘the Department’’) invited interested E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74458-74459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28972]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]


Canned Pineapple Fruit From Thailand: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 6, 2008, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on canned pineapple fruit (CPF) from Thailand. 
See Canned Pineapple Fruit from Thailand: Preliminary Results of 
Antidumping Duty Administrative Review, 73 FR 45695 (August 6, 2008) 
(Preliminary Results). This review covers one producer/exporter of the 
subject merchandise to the United States, Vita Food Factory (1989) Co., 
Ltd. (Vita). The period of review (POR) is July 1, 2006 through June 
30, 2007. Subsequent to the Preliminary Results, we provided parties 
with an opportunity to comment. No parties submitted any comments. 
Therefore, the final results do not differ from those

[[Page 74459]]

presented in the Preliminary Results. The final weighted-average 
dumping margin for Vita is listed below in the section entitled ``Final 
Results of Review.''

DATES: Effective Date: December 8, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Matino or Douglas Kirby, 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-
4146 or (202) 482-3782.

Scope of the Order

    The product covered by this 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. 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 June 30, 2007.

Final Results of Review

    Following the preliminary results of this review, we discovered an 
error in the calculation of U.S. price related to domestic inland 
freight incurred on U.S. sales. We have corrected this error for these 
final results. See Antidumping Duty Administrative Review of Canned 
Pineapple Fruit from Thailand: Changes Since the Preliminary Results, 
dated concurrently with this notice. Accordingly, we determine that the 
following weighted-average margin percentage exists for the period July 
1, 2006, through June 30, 2007:

------------------------------------------------------------------------
                     Manufacturer/exporter                       Margin
------------------------------------------------------------------------
Vita Food Factory (1989) Co., Ltd.............................     3.02%
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 771(a)(1)(B) of the Tariff Act of 1930 
(the Act), and 19 CFR 351.212(b). 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 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.

Certificate on Reimbursement

    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 antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3) of the 
Department's regulations. Timely written notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and this notice 
in accordance with sections 51(a)(1) and 777(i)(1) of the Act.

    Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28972 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-DS-P