[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26080-26081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-47]
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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%
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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