[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16208]
[[Page Unknown]]
[Federal Register: July 5, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-813]
Initiation of Antidumping Duty Investigation: Canned Pineapple
Fruit From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 5, 1994.
FOR FURTHER INFORMATION CONTACT: Stephen Alley or Lori Way, Office of
Antidumping Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-5288
and 482-0656, respectively.
Initiation of Investigation
The Petition
On June 8, 1994, we received a petition filed in proper form from
Maui Pineapple Company, Ltd. and the International Longshoremen's and
Warehousemen's Union. Petitioners filed supplements to the petition on
June 14 and 20, 1994. In accordance with 19 CFR 353.12, petitioners
allege that imports of canned pineapple fruit from Thailand are being,
or are likely to be, sold in the United States at less than fair value
within the meaning of section 731 of the Tariff Act of 1930, as amended
(the Act), and that these imports are materially injuring, or threaten
material injury to, a U.S. industry.
Petitioners have stated that they have standing to file the
petition because they represent interested parties as defined under
section 771(9)(C) and (D) of the Act, and because the petition was
filed on behalf of the U.S. industry producing the product subject to
this investigation. If any interested party, as described under
paragraphs (C), (D), (E) or (F) of section 771(9) of the Act, wishes to
register support for, or opposition to, this petition, such party
should file a written notification with the Assistant Secretary for
Import Administration.
Scope of Investigation
The product covered by this investigation is canned pineapple fruit
(CPF). For the purposes of this investigation, 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 customs purposes, our written description of the scope
is dispositive.
United States Price and Foreign Market Value
Petitioners based U.S. price (USP) on average unit values derived
from U.S. Customs IM-146 import statistics. To calculate U.S. price,
petitioners made deductions for foreign inland freight.
Petitioners used Thai home market delivered price quotes provided
by a market researcher to calculate foreign market value (FMV).
According to petitioners, there is no difference in quality between the
CPF sold in the Thai and U.S. markets. To calculate FMV, petitioners
deducted an amount for home market inland freight expenses, and then
converted the net price to dollars using contemporaneous exchange rates
from the Federal Reserve.
The margin alleged by petitioners is 138.48 percent. If it becomes
necessary at a later date to consider the petition as a source of best
information available (BIA) in this investigation, we may review more
thoroughly all of the bases for USP and FMV in determining BIA.
Initiation of Investigation
We have examined the petition on CPF from Thailand and have found
that it meets the requirements of section 732(b) of the Act and 19 CFR
353.13(a). Therefore, we are initiating an antidumping duty
investigation to determine whether imports of CPF from Thailand are
being, or are likely to be, sold in the United States at less than fair
value.
International Trade Commission Notification
Section 732(d) of the Act requires us to notify the International
Trade Commission (ITC) of this action and we have done so.
Preliminary Determination by the ITC
The ITC will determine by July 25, 1994, pursuant to section
733(a)(1) of the Act, whether there is a reasonable indication that
imports of CPF from Thailand are materially injuring, or threaten
material injury to, a U.S. industry. Pursuant to section 733(a)(2) of
the Act, a negative ITC determination will result in this investigation
being terminated; otherwise, the investigation will proceed according
to statutory and regulatory time limits.
This notice is published pursuant to section 732(c)(2) of the Act
and 19 CFR 353.13(b).
Dated: June 27, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-16208 Filed 7-1-94; 8:45 am]
BILLING CODE 3510-DS-P
