[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Notices]
[Page 12377-12378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr08-43]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-813]
Canned Pineapple Fruit from Thailand: Notice of Initiation of
Changed Circumstances Review of the Antidumping Duty Order, Preliminary
Results of Changed Circumstances Review, and Intent to Revoke
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: In response to a request for a changed circumstances review
from the Thai Food Processors( Association (TFPA), and pursuant to
section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.216 and 351.221(c)(3), the Department of Commerce is initiating
a changed circumstances review of the antidumping duty order on canned
pineapple fruit (CPF) from Thailand. The domestic interested party for
this proceeding is Maui Pineapple Company Ltd. (petitioner).
EFFECTIVE DATE: March 7, 2008.
FOR FURTHER INFORMATION CONTACT: 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) 482-3782.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce (the Department) published the
antidumping duty order on CPF from Thailand on July 18, 1995. See
Notice of Antidumping Duty Order and Amended Final Determination:
Canned Pineapple Fruit from Thailand, 60 FR 36775 (July 18, 1995)
(Antidumping Duty Order). On January 23, 2008, the Department received
a request for a changed circumstances review from the TFPA. The TFPA
requested that the Department revoke the antidumping duty order because
Maui Pineapple Company Ltd. (petitioner) ceased production of CPF on
October 31, 2007. On January 25, 2008, we received a letter from
petitioner indicating that petitioner had no objection to the changed
circumstances review and the revocation of the antidumping duty order.
Scope of the Order
The product covered by this order is CPF, defined as pineapple
processed and/orprepared 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.
Initiation of Changed Circumstances Review, Preliminary Results, and
Intent to Revoke Antidumping Duty Order
Pursuant to section 751(d)(1) of the Act, the Department may revoke
an antidumping order based on a review under section 751(b) of the Act
(i.e., a changed circumstances review). Section 751(b)(1) of the Act
requires a changed circumstances review to be conducted upon receipt of
a request which shows changed circumstances sufficient to warrant a
review. Pursuant to 19 CFR 351.222(g), the Department will conduct a
changed circumstances review under 19 CFR 351.216 and may revoke an
order (in whole or in part) if it determines that producers accounting
for substantially all of the production of the domestic like product to
which the order (or the part of the order to be revoked) pertains have
expressed a lack of interest in the relief provided by the order, in
whole or in part, or if changed circumstances exist sufficient to
warrant revocation. In addition, in the event that the Department
concludes that expedited action is warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the notices of initiation and
preliminary results.
The TFPA claims in its January 23, 2008 letter that it has
satisfied the criteria to warrant a changed circumstances review. See
19 CFR 351.216(d). Specifically, TFPA claims that Maui Pineapple
Company (Maui), the sole domestic producer of CPF, has ceased the
production of canning solid-pack pineapple fruit. Therefore the TFPA
alleges that the antidumping duty order can no longer protect a
domestic industry in the United States from material injury as required
under the statute for the maintenance of an antidumping duty order. The
TFPA provided with its January 23, 2008 letter newspaper articles \1\
which announced that Maui would cease canning solid-pack pineapple
fruit in Kahaului, Hawaii, on June 30, 2007. In addition, the TFPA also
included this announcement with a Form 8-K filing with the Securities
and Exchange Commission (SEC) which also states that Maui would cease
canning solid-pack pineapple products effective June 30, 2007.
Furthermore, the TFPA provided evidence that demonstrates that Maui
auctioned off its canning equipment on October 31, 2007 (e.g., The Maui
News, October 31, 2007, ``Last Pineapple cannery in the U.S. is
gone''). To conclude, the TFPA requests that the review be expedited
based on the evidence submitted by the TFPA that Maui has ceased
production of CPF.
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\1\ (e.g., Honolulu Advertiser, April 30, 2007, (ML&P to end
canned pineapple operations June 30;( Business Wire, April 30, 2007,
(Maui Pineapple Company to Consolidate Fresh Pineapple Operation()
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In this case, the Department finds that the information submitted
provides sufficient evidence of changed circumstances to warrant a
review. Therefore, in accordance with section 751(d)(1) of the Act, and
19 CFR 351.216 and 351.222(g), based on the information provided by
TFPA, we are initiating this changed circumstances review. Furthermore,
since the information on record indicates there is no longer any U.S.
production of the domestic like product, we determine that expedited
action is warranted and we preliminarily determine that the continued
relief provided by the order with respect to CPF from Thailand is no
longer of interest to domestic interested parties. Because we have
concluded that expedited action is warranted, we are combining these
notices of initiation and preliminary results. Therefore, we are
notifying the public of our intent to revoke the antidumping duty order
with respect to imports of CPF from Thailand, effective October 31,
2007. If we make a final determination to revoke, we intend to instruct
U.S. Customs and Border Protection (CBP) to liquidate without regard to
antidumping duties and to refund any estimated antidumping duties
collected, for all entries of CPF from Thailand, made on or after
October 31, 2007, the final date
[[Page 12378]]
of production of the subject merchandise by the sole domestic producer.
The current requirement for a cash deposit of estimated antidumping
duties on CPF from Thailand will continue unless and until we publish a
final determination to revoke.
Public Comment
Interested parties are invited to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument: (1) a statement of the issue, and (2) a
brief summary of the argument. Any interested party may request a
hearing within 10 days of the date of publication of this notice. Any
hearing, if requested, will be held no later than 25 days after the
date of publication of this notice, or the first workday thereafter.
Case briefs may be submitted by interested parties not later than 15
days after the date of publication of this notice. Rebuttal briefs,
limited to the issues raised in the case briefs, may be filed not later
than 20 days after the date of publication of this notice. All written
comments shall be submitted in accordance with 19 CFR 351.303. Persons
interested in attending the hearing should contact the Department for
the date and time of the hearing. The Department will publish the final
results of this changed circumstances review, including the results of
its analysis of issues raised in any written comments.
This notice of initiation is in accordance with section 751(b)(1)
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).
Dated: February 29, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-4555 Filed 3-6-08; 8:45 am]
BILLING CODE 3510-DS-S