[Federal Register: December 22, 2003 (Volume 68, Number 245)]
[Notices]
[Page 71061-71062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de03-23]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-813]
Final Court Decision and Amended Final Results of Antidumping
Duty Administrative Review: Canned Pineapple Fruit From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 71062]]
ACTION: Notice of Final Court Decision and Amended Final Results of
Antidumping Duty Administrative Review: Canned Pineapple Fruit from
Thailand.
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SUMMARY: On September 15, 2003, the United States Court of
International Trade (CIT) affirmed the Department of Commerce's
redetermination on remand of the final results of the fifth
administrative review of the antidumping duty order on canned pineapple
fruit from Thailand. See Maui Pineapple Company, Ltd. v. United States,
Slip Op. 03-120 (September 15, 2003), Court No. 01-01017 (Maui
Pineapple). Consistent with the decision of the United States Court of
Appeals for the Federal Circuit (Federal Circuit) in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), on October 1,
2003, the Department of Commerce (the Department) notified the public
that Maui Pineapple and the CIT's earlier opinion in this case were
``not in harmony'' with the Department's original results. See Notice
of Decision of the Court of International Trade: Canned Pineapple Fruit
from Thailand, 68 FR 56619 (October 1, 2003) (Notice of Decision). No
party has appealed the CIT's decision within the 60-day time period
provided and the Department is now issuing these amended final results
reflecting the CIT's decision.
EFFECTIVE DATE: December 22, 2003.
FOR FURTHER INFORMATION CONTACT: David Layton or Charles Riggle, Office
5, Group II, AD/CVD Enforcement, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0371 and (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 2001, the Department published a notice of the final
results of the fifth administrative review of canned pineapple fruit
from Thailand. See Notice of Final Results of Antidumping Duty
Administrative Review and Rescission of Administrative Review in Part:
Canned Pineapple Fruit From Thailand, 66 FR 52744 (October 17, 2001)
(Final Results). Maui Pineapple Company, Ltd. filed a lawsuit
challenging these results and the CIT issued an Order and Opinion dated
April 16, 2003 remanding two issues to the Department. See Maui
Pineapple Company, Ltd. v. United States, 264 F.Supp.2d 1244 (CIT 2003)
(September 15, 2003). Pursuant to the CIT's April 16, 2003 Order and
Opinion, the Department filed its remand results on June 16, 2003. On
September 15, 2003, the CIT affirmed the Department's final results of
redetermination in Maui Pineapple. On October 1, 2003, the Department
published the Notice of CIT Decision consistent with the Federal
Circuit decision in Timken. The time period for appealing the CIT's
decision has expired and no party has appealed the CIT's affirmation of
the Departments final results of redetermination.
Amendment To Final Determinations
Pursuant to section 516A(e) of the Tariff Act of 1930, as amended,
as there is now a final and conclusive court decision, we are now
amending the final results of the antidumping duty administrative
review to reflect a revised weighted average margin for Dole Food
Company, Dole Packaged Foods and Dole Thailand (collectively, Dole).
See Final Results. We determine that the following revised weighted-
average margin exists for Dole for the period of July 1, 1999 through
June 30, 2000 :
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Manufacturer/Exporter Margin (percent)
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Dole................................................ 0.98
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Accordingly, the Department will determine and the U.S. Customs and
Border Protection (CBP) will assess appropriate antidumping duties on
the relevant entries of subject merchandise covered by the review
period listed above. The Department will issue appraisement
instructions directly to the CBP within 15 days of the publication of
this notice.
Dated: 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E3-00606 Filed 12-19-03; 8:45 am]