[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Notices]
[Page 4997-4999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-57]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-507-501; C-507-601]
Certain In-Shell Pistachios (C-507-501) and Certain Roasted In-
Shell Pistachios (C-507-601) from the Islamic Republic of Iran: Final
Results of New Shipper Countervailing Duty Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Countervailing Duty New Shipper
Reviews.
-----------------------------------------------------------------------
SUMMARY: On September 4, 2002, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
in the countervailing duty (CVD) new shipper reviews of certain in-
shell pistachios and certain in-shell roasted pistachios from Iran.
The net subsidy rates in these Final Results differ from those of
the Preliminary Results. The revised final net subsidy rates for the
reviewed companies are listed below in the ``Suspension of
Liquidation'' section of this notice.
EFFECTIVE DATE: January 31, 2003.
FOR FURTHER INFORMATION CONTACT: Darla Brown at (202) 482-2849 or
Alicia Kinsey (202) 482-4793, Office of AD/CVD Enforcement VI, Group
II, Import Administration, International Trade Administration, U.S.
Department of Commerce, Room 4012, 14th Street and Constitution Avenue,
N.W., Washington, D.C. 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2002, the Department published the preliminary
results of the new shipper reviews on certain in-shell pistachios and
certain in-shell roasted pistachios from Iran. See Certain In-Shell
Pistachios (C-507-501) and Certain Roasted In-Shell Pistachios (C-507-
601) from the Islamic
[[Page 4998]]
Republic of Iran: Preliminary Results of New Shipper Countervailing
Duty Reviews, 67 FR 56534 (September 4, 2002) (Preliminary Results). In
accordance with 19 CFR 351.214, these new shipper reviews cover only
those producers or exporters for which a review was specifically
requested. Accordingly, these new shipper reviews cover Tehran Negah
Nima Trading Company (Nima) and nine programs.
We invited interested parties to comment on the Preliminary
Results. On December 16, 2002, we received comments from interested
parties. On December 23, 2002, we received rebuttal comments from
interested parties. At the request of the Department, respondents
submitted revised case brief and rebuttal comments on January 8, 2003,
and petitioners submitted revised rebuttal comments on January 10, 2003
that removed new factual information that was included in their initial
submissions. A public hearing was held at the Department of Commerce on
January 13, 2003.
Scope of the Reviews
In-Shell Pistachios
The product covered by this new shipper review is in-shell
pistachio nuts from which the hulls have been removed, leaving the
inner hard shells and edible meat, as currently classifiable in the
Harmonized Tariff Schedules of the United States (HTSUS) under item
number 0802.50.20.00. The written description of the scope of this
proceeding is dispositive.
Roasted In-Shell Pistachios
The product covered by this new shipper review is all roasted in-
shell pistachio nuts, whether roasted in Iran or elsewhere, from which
the hull has been removed, leaving the inner hard shells and the edible
meat, as currently classifiable in the HTSUS under item number
0802.50.20.00. The written description of the scope of this proceeding
is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these new shipper reviews are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) dated January 24, 2003, which is
hereby adopted by this notice. A list of issues which parties have
raised and to which we have responded, all of which are in the Decision
Memorandum, is attached to this notice as Appendix I. Parties can find
a complete discussion of all issues raised in these reviews and the
corresponding recommendations in this public memorandum which is on
file in room B-099 of the Main Commerce Building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the World Wide Web at http://www.ia.ita.doc.gov, under the heading
``Federal Register Notices.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act of
1930, as amended (the Act), we have calculated individual rates for the
company under these new shipper reviews. For the period October 1,
2000, to September 30, 2001, we determine the net subsidy rates for the
company under these new shipper reviews to be as follows:
Certain Raw In-Shell Pistachios
------------------------------------------------------------------------
Producer/Exporter Net Subsidy Rate
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc.... 23.18 percent ad valorem
------------------------------------------------------------------------
Certain Roasted In-Shell Pistachios
------------------------------------------------------------------------
Producer/Exporter Net Subsidy Rate
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc.... 21.68 percent ad valorem
------------------------------------------------------------------------
Bonding is no longer permitted to fulfill security requirements for
shipments from Tehran Negah Nima Trading Company, Inc. (Nima) of
certain raw in-shell pistachios and certain roasted in-shell pistachios
from Iran entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results of these new shipper
reviews. As Nima is the exporter but not the producer of subject
merchandise, the Department's final results will apply to certain raw
in-shell pistachios and certain roasted in-shell pistachios from Iran
exported by Nima and produced by Maghsoudi Farms. See 19 CFR
351.107(b).
The following deposit requirements will be effective upon
publication of this notice of final results of these new shipper
reviews for all shipments of certain raw in-shell pistachios and
certain roasted in-shell pistachios from Iran entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(B) of the Act: (1) For the merchandise
exported by Nima and produced by Maghsoudi Farms, the cash deposit
rates will be equal to the net subsidy rates listed above; (2) for
subject merchandise exported by Nima but not produced by Maghsoudi
Farms, the cash deposit rate will be the ``all others'' rate
established in the original CVD investigations. See Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order: In-
Shell Pistachios from Iran, 51 FR 8344 (March 11, 1986) and Final
Affirmative Countervailing Duty Determination and Countervailing Duty
Order: Roasted In-Shell Pistachios from Iran, 51 FR 35679 (October 7,
1986); (3) if the exporter is not a firm covered in these new shipper
reviews, a prior review, or the CVD investigations, but the
manufacturer is, the cash deposit rates will be the rates established
for the most recent period for the manufacturer of the merchandise; and
(4) if neither the exporter nor manufacturer is a firm covered in these
new shipper reviews or the original investigations, the cash deposit
rates will continue to be the ``all others'' rates established in the
original CVD investigations.
Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
Administrative Protective Order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a
violation of the APO.
[[Page 4999]]
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: January 24, 2003.
Faryar Shirzad,
Assistant Secretaryfor Import Administration.
Appendix I - Issues and Decision Memorandum
Methodology and Background Information
Analysis of Programs
I. Use of Facts Available
II. Programs Determined to Confer Subsidies
A. Provision of Fertilizer and Machinery
B. Provision of Water and Irrigation equipment
C. Provision of Credit
D. Technical Support from the GOI
E. Duty Refunds on Imported Raw or Intermediate Materials Used in
the Production of Exported Goods
F. Program to Improve Quality of Exports of Dried Fruit
III. Program Determined to Be Not Countervailable
A. Price Supports and/or Guaranteed Purchase of All Production
IV. Programs Determined to Be Not Used
A. Export Certificate Voucher Program
B. Tax Exemptions
V. Total Ad Valorem Rate
VI. Analysis of Comments
Comment 1: Discovery of Additional Farm Does Not Render Nima Ineligible
for a New Shipper Review
Comment 2: Nima's Sale of Subject Merchandise to the United States Is
Bona Fide
Comment 3: Application of Adverse Facts Available to Grower-Related
Subsidies
Comment 4: Undisclosed Benefits Relating to Maghsoudi Farms' Land Title
Comment 5: Application of Adverse Facts Available to the Price Supports
and/or Guaranteed Purchase of Production Program
Comment 6: Application of Adverse Facts Available to the Provision of
GOI Credit Program
Comment 7: Application of Adverse Facts Available to the Provision of
Fertilizer and Machinery Program
Comment 8: Application of Adverse Facts Available to the Tax Exemption
Program
Comment 9: Application of Adverse Facts Available to the Water and
Irrigation Program
Comment 10: Application of Adverse Facts Available to the Technical
Assistance Program
Comment 11: Application of Adverse Facts Available to the Program for
Imported Raw or Intermediate Materials Used in the Production of
Exported Goods
Comment 12: Application of Adverse Facts Available to the Program to
Improve Quality of Exports of Dried Fruit
Comment 13: Application of Adverse Facts Available to the Export
Certificate Voucher Program
Comment 14: Application of a Combination Rate Limited to Production
Exported by Nima from the Single Farm Disclosed by Maghsoudi
Comment 15: Completeness and Accuracy of Data Reported by Nima
Comment 16: Reliability of Sales Information Submitted by Fallah
Pistachios
[FR Doc. 03-2330 Filed 1-30-03; 8:45 am]