[Federal Register: December 31, 2003 (Volume 68, Number 250)]
[Notices]               
[Page 75485-75486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de03-45]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-813]

 
Notice of Amended Final Results of Seventh Administrative Review: 
Canned Pineapple Fruit From Thailand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, Group 
II, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2336, (202) 482-0650, respectively.

[[Page 75486]]

Scope of Order

    The product covered by this order is canned pineapple fruit (CPF). 
CPF is 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, our 
written description of the scope is dispositive.

Amended Final Determination

    In accordance with section 751(a) the Tariff Act of 1930, as 
amended, (the Act), on November 19, 2003, the Department published its 
final results of the antidumping duty administrative review of CPF from 
Thailand (Notice of Final Results of Antidumping Duty Administrative 
Review, Rescission of Administrative Review in Part, and Final 
Determination to Revoke Order in Part: Canned Pineapple Fruit from 
Thailand, 68 FR 65247, (Final Results)).

1. Vita Food Factory (1989) Co., Ltd. (Vita)

    On November 20, 2003, Vita alleged that a ministerial error had 
been made regarding the Department's final margin calculation. See 
Ministerial Error Letter from Vita Re: Canned Pineapple Fruit from 
Thailand: The Seventh Administrative Review for period of July 1, 2001 
to June 30, 2002 (November 20, 2003). In accordance with section 751(h) 
of the Act, we have determined that a ministerial error was made in 
determining the calculation of Vita's variable overhead cost factor. 
See Memorandum to Holly Kuga; Subject: Seventh Administrative Review of 
Canned Pineapple Fruit from Thailand RE: Ministerial Error Allegation 
Vita Food Factory Ltd. (December 17, 2003). Pursuant to section 751(h) 
of the Act, we have corrected the error and are amending the final 
results of review accordingly. The corrected margin for Vita is 1.77 
percent. See the Memorandum from Monica Gallardo to the File, Revised 
Analysis Memorandum for Vita Food Factory Ltd. Re: Amended Final 
Results of Seventh Administrative Review of Canned Pineapple Fruit from 
Thailand (December 17, 2003).

2. Dole Food Company, Inc., Dole Packaged Foods Company, and Dole 
Thailand, Ltd.'s (collectively, Dole)

    In addition, on November 20, 2003, we received timely ministerial 
error allegations from Maui Pineapple Company and the International 
Longshoremen's and Warehousemen's Union (the petitioners) regarding 
Dole. We have determined that the petitioners' allegations with regard 
to Dole do not constitute ministerial errors as defined by section 
351.224(f) of the Department's regulations. See Memorandum to Holly 
Kuga; Subject: Seventh Administrative Review of Canned Pineapple Fruit 
from Thailand RE: Ministerial Error Allegations for Dole Food Company, 
Inc., Dole Packaged Foods Company, and Dole Thailand, Ltd.'s (December 
17, 2003).
    The Department shall determine, and the U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
based on the amended final results. For details on the assessment of 
antidumping duties on all appropriate entries, see Final Results.

    Dated: December 17, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-32226 Filed 12-30-03; 8:45 am]