[Federal Register: May 12, 2006 (Volume 71, Number 92)]
[Notices]
[Page 27682-27683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my06-54]
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DEPARTMENT OF COMMERCE
International Trade Administration
(C-507-601)
Certain In-shell Roasted Pistachios from the Islamic Republic of
Iran: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2005, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
in the countervailing duty (CVD) administrative review of certain in-
shell roasted pistachios from Iran. See Certain In-shell Roasted
Pistachios from the Islamic Republic of Iran: Preliminary Results of
Countervailing Duty Administrative Review, 70 FR 67453 (Preliminary
Results). The Department has now completed this administrative review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Based on information received since the Preliminary Results and our
analysis of the comments received, the Department has not revised the
net subsidy rate for Tehran Negah Nima Trading Company, Inc., trading
as Nima Trading Company (Nima), the respondent company in this
proceeding. However, we have made a change to the programs found in the
Preliminary Results to be used by respondents during the period of
review (POR), determining that the respondent company did indeed act to
the best of its ability in responding to our questionnaire. For further
discussion of our positions, see the ``Issues and Decision Memorandum''
from Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, to David M. Spooner, Assistant Secretary for Import
Administration, concerning the ``Final Results of Countervailing Duty
Administrative Review: Certain In-shell Roasted Pistachios from the
Islamic Republic of Iran'' (Decision Memorandum) dated May 8, 2006. The
final net subsidy rate for the reviewed company is listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office
3, Import Administration, U.S. Department of Commerce, Room 4012, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2005, the Department published in the Federal
Register its Preliminary Results. We invited interested parties to
comment on these results. Since the preliminary results, the following
events have occurred.
On February 13, 2006, we received case briefs from petitioners\1\
and Nima. On March 10, 2006, the Department extended the time limit for
the completion of its final results until May 8, 2006. See Certain In-
shell Roasted Pistachios from the Islamic Republic of Iran: Extension
of Time Limit for Final Results of Countervailing Duty Administrative
Review, 71 FR 12343 (March 10, 2006).
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\1\ Petitioners include the California Pistachios Commission
(CPC) and its members and a domestic interested party, Cal Pure
Pistachios, Inc. (Cal Pure).
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In accordance with 19 CFR 351.213(b), this administrative review
covers only those producers or exporters for which a review was
specifically requested. Accordingly, this administrative review covers
Nima and its grower, Razi Domghan Agricultural and Animal Husbandry
Company (Razi) and ten programs for the POR January 1, 2003, through
December 31, 2003.
Scope of the Order
The product covered by this order 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
For a discussion of the programs and the issues raised in the
briefs by parties to this review, see the Decision Memorandum, which is
hereby adopted by this notice. A listing of the issues which parties
raised and to which we have responded, which are in the Decision
Memorandum, is attached to this notice as Appendix I. Parties can find
a complete discussion of the issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (CRU), room
[[Page 27683]]
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://ia.ita.doc.gov/frn. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Review
In accordance with section 777A(e)(1) of the Act and 19 CFR
351.221(b)(5), we calculated an ad valorem subsidy rate for Nima and
Razi for calendar year 2003.
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Net Subsidy
Producer/Exporter Rate
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Tehran Negah Nima Trading Company, Inc., trading as Nima 0.00 percent
Trading Company (Nima) and Razi Domghan Agricultural and ad valorem
Animal Husbandry Company (Razi)..........................
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As Nima is the exporter but not the producer of subject
merchandise, the Department's final results of review apply to subject
merchandise exported by Nima and produced by Nima's supplier of
pistachios, Razi. See 19 CFR 351.107(b) (providing that the Department
may establish a combination rate for each combination of exporter and
its supplying producer).
Therefore, we will issue the following cash deposit requirements,
within 15 days of publication of the final results of the instant
review, for all shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication:
(1) for merchandise exported by Nima and produced by Razi, the cash
deposit rate will be 0.00 percent ad valorem, i.e., the rate calculated
in the final results of the instant administrative review; (2) for
merchandise exported by Nima and produced by Maghsoudi Farms, the cash
deposit rate will be 21.68 percent, the rate calculated for Nima and
Maghsoudi Farms in the new shipper reviews (see 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, 68 FR 4997 (January 31, 2003) (Pistachios
New Shipper Reviews); (3) for merchandise exported by Nima but not
produced by Razi or Maghsoudi Farms, the cash deposit rate will be
317.89 percent, the ``all others'' rate established in the original CVD
investigation (see 51 FR 8344 (March 11, 1986)); (4) if the exporter is
not a firm covered in this review, a prior review, or the original CVD
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recent period for the producer of the
merchandise; and (5) if neither the exporter nor producer is a firm
covered in this review or the original investigation, the cash deposit
rate for all other producers or exporters of the subject merchandise
will continue to be 317.89 percent ad valorem, the ``all others'' rate
from the final determination in the original investigation.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1), 751(a)(3) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5).
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I - Issues and Decision Memorandum
I. ANALYSIS OF PROGRAMS
A. Programs Determined to Be Not Used
1. Provision of Fertilizer and Machinery
2. Provision of Credit
3. Tax Exemptions
4. Provision of Water and Irrigation Equipment
5. Technical Support
6. Duty Refunds on Imported Raw or Intermediate Materials Used in
the Production of Export Goods
7. Program to Improve Quality of Exports of Dried Fruit
8. Iranian Export Guarantee Fund
9. GOI Grants and Loans to Pistachio Farmers
10. Crop Insurance for Pistachios
II. TOTAL AD VALOREM RATE
III. ANALYSIS OF COMMENTS
Comment 1: Termination of the Review
Comment 2: Application of Adverse Facts Available to the Provision
of Credit Program
Comment 3: Application of Adverse Facts Available to the Provision
of Fertilizer and Machinery Program
Comment 4: Application of Adverse Facts Available to the Tax
Exemptions Program
Comment 5: Application of Adverse Facts Available to the Provision
of Water and Irrigation Equipment Program
Comment 6: Application of Adverse Facts Available to the Technical
Support Program
Comment 7: Application of Adverse Facts Available to the Duty
Refunds on Imported Raw or Intermediate Materials Used in the
Production of Export Goods Program
Comment 8: Application of Adverse Facts Available to the Program to
Improve Quality of Exports of Dried Fruit
Comment 9: Application of Adverse Facts Available to the Iranian
Export Guarantee Fund
Comment 10: Application of Adverse Facts Available to the GOI
Grants and Loans to Pistachio Farmers Program
Comment 11: Application of Adverse Facts Available to the Crop
Insurance for Pistachios Program
Comment 12: Adherence to the Department's Deadlines and Service
Requirements
[FR Doc. E6-7281 Filed 5-11-06; 8:45 am]
BILLING CODE 3510-DS-S