Court No. 98-03-00487


        The Department of Commerce (the Department) has prepared these final results of redetermination pursuant to the remand order of the U.S. Court of International Trade (the Court) in Thai Pineapple Canning Industry Corp., Ltd. v. United States, Slip Op. 00-17 (CIT February 10, 2000) (Thai Pineapple II). This remand pertains to one issue involving the Thai Pineapple Canning Industry Corp., Ltd. (TPC), a respondent in the Department's first administrative review of the antidumping order on canned pineapple fruit from Thailand, for the period January 11, 1995, through June 30, 1996.


        On February 13, 1998, the Department published in the Federal Register its final results in the above-referenced administrative review. See Notice of Final Results of Antidumping Duty Administrative Review: Canned Pineapple Fruit From Thailand, 63 FR 7392 (February 13, 1998) (Final Results). In Thai Pineapple Canning Industry Corp., Ltd. v. United States, Slip Op. 99-42 (CIT, May 5, 1999) (Thai Pineapple I), the Court initially remanded these results to the Department for reconsideration of the following issues pertaining to the calculation of the antidumping duty rate for TPC: (1) the choice of assessment rate for first-review entries made after the Department's final determination in the initial investigation; (2) the propriety of reliance on a single weighted-average cost of production for the entire period of review (POR); (3) the choice of date of sale on third country sales; and (4) the manner in which constructed export price profit was calculated. On September 2, 1999, the Department issued its remand determination. See Final Results of Redetermination Pursuant to Court Remand: Thai Pineapple Canning Industry Corp., Ltd., and Mitsubishi International Corp. v. United States, Court No. 98-03-00487 (Remand Results). On February 10, 2000, the Court affirmed the Remand Results in part, but reversed the Department's decision to use the contract date as the date of sale for third country sales in this specific instance involving TPC. The Court directed the Department to recalculate the antidumping duty rate for TPC using the invoice date as the date of sale.See Thai Pineapple II, Slip Op. 00-17 at 6.


        We have recalculated the antidumping duty rate applicable to TPC in accordance with the Court's instructions. As a result of changes made to the analysis for this company (namely, use of the invoice date as the date of sale in lieu of the contract, TPC's dumping margin changes from 20.90 percent to 14.17 percent. On February 25, 2000, we released the calculations to the parties. None of the parties commented on the calculations. However, the respondent did comment on the applicable time periods to which the recalculated duty rates will be applied for entry liquidation purposes. Respondents asked that the U.S. Customs Service should be appropriately instructed in this regard. The liquidation of TPC entries during the periods noted by TPC is currently suspended pursuant to the Court's injunction. We will issue appropriate instructions to the U.S. Customs Service, consistent with the time periods listed in the injunction, upon the Court's affirmance of these results of redetermination and the lifting of the injunction.

        This redetermination is in accordance with the order of the Court in Thai Pineapple II Slip Op. 00-17 at 6.


Joseph A. Spetrini
Acting Assistant Secretary
    for Import Administration


posted: June 18, 2001