[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9292-9293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe08-39]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-507-502]
Certain In-Shell Raw Pistachios from Iran: Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: In response to a request from Cal Pure Pistachios, Inc. (Cal
Pure), a domestic interested party, the Department of Commerce (the
Department) initiated an administrative review of the antidumping duty
order on certain in-shell raw pistachios (raw pistachios) from Iran.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24,
2007). This review covers the period July 1, 2006, through June 30,
2007. We are now rescinding this review due to Cal Pure's withdrawal of
its request for review.
EFFECTIVE DATE: February 20, 2008.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or John Drury, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 17, 1986, the Department published in the Federal Register
a notice of the antidumping duty order on raw pistachios from Iran. See
Antidumping Duty Order; Certain In-Shell Pistachios from Iran, 51 FR
25922 (July 17, 1986). On July 3, 2007, the Department published the
opportunity to request an administrative review of the antidumping duty
order on raw pistachios from Iran for the period July 1, 2006, through
June 30, 2007. See Antidumping or Countervailing Duty Order, Finding,
or Suspended Investigation; Opportunity to Request Administrative
Review, 72 FR 36420 (July 3, 2007).
In accordance with 19 CFR 351.213(b)(1), on July 24, 2007, Cal
Pure, a domestic interested party, requested an administrative review
of the sales of subject merchandise from Iran for the following
companies: Ahmadi's Agricultural Production, Processing and Trade
Complex (Ahmadi); Maghsoudi Farms (Maghsoudi); Rafsanjan Pistachio
Producers Cooperative (RPPC); Razi Domghan Agricultural & Animal
Husbandry Co. (Razi); and Tehran Negah Nima Trading Company Inc.
(Nima). On August 24, 2007, the Department published in the Federal
Register a notice of initiation of this antidumping duty administrative
review covering the period July 1, 2006, through June 30, 2007. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24,
2007).
On September 10, 2007, the Department issued its antidumping duty
questionnaire to Ahmadi, Maghsoudi, Nima, Razi, and RPPC. On September
26, 2007, a former representative on behalf of RPPC notified the
Department that it was no longer representing RPPC and provided a new
mailing address for RPPC. On September 28, 2007, the Department sent
RPPC the original questionnaire to the new mailing address in Iran. See
Memorandum to the File from Judy Lao, Analyst, through Angelica
Mendoza, Program Manager, dated October 3, 2007. On October 4, 2007,
the representative for Maghsoudi, Nima, and Razi informed the
Department that it would not be filing responses to the Department's
questionnaire as Maghsoudi, Nima, and Razi did not export or ship
subject merchandise during the period of review (POR). See Memorandum
to the File from Judy Lao, Analyst, through Angelica Mendoza, Program
Manager, dated October 12, 2007. On October 5, 2007, the Department
received notice that the RPPC did not receive the antidumping
questionnaire, and re-sent the original questionnaire, and changed the
due dates for RPPC's responses, after revising the shipping
information. See Memorandum to the File from Judy Lao, Analyst, through
Angelica Mendoza, Program Manager, dated October 9, 2007. On October
10, 2007, Ahmadi's representative informed the Department that it would
not be filing responses to the Department's questionnaire as it did not
export or ship subject merchandise during the POR. See Letter from
Ahmadi's Agricultural Production, Processing and Trade Complex, dated
[[Page 9293]]
October 10, 2007. On November 2, 2007, the Department sent a letter to
RPPC because it had not responded to section A of the Department's
antidumping questionnaire by the October 25, 2007, deadline. In the
November, 2, 2007, letter, the Department instructed RPPC to notify the
Department if it did not have any U.S. sales or shipments during the
POR, or to submit its section A questionnaire response by November 9,
2007. The Department did not receive a reply from RPPC.
On November 30, 2007, the Department issued a ``No Shipment
Inquiry'' to U.S. Customs and Border Protection (CBP) to confirm that
there were no shipments or entries of raw pistachios from Iran produced
and/or exported by Ahmadi, Maghsoudi, Nima, or Razi during the POR of
the instant review. CBP only responds to the Department's inquiry when
CBP finds that there have been shipments. CBP did not respond to the
Department's inquiry, and no party submitted comments. See Memorandum
to the File Regarding Ahmadi's Agricultural Production, Processing and
Trade Complex; Maghsoudi Farms; Razi Domghan Agricultural and Animal
Husbandry Co.; and Tehran Negah Nima Trading Company Inc. No Shipments
of Certain In-Shell Raw Pistachios from Iran Pursuant to U.S. Customs
and Border Protection Inquiry, from Dena Crossland, Analyst, through
Angelica L. Mendoza, Program Manager, dated January 2, 2008.
On January 14, 2008, Cal Pure withdrew its request for review with
respect to Ahmadi, Maghsoudi, Nima, Razi, and RPPC.
Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review under this section, in whole or in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of the notice of initiation of the requested
review. The Secretary may extend this time limit if the Secretary
decides that it is reasonable to do so. See 19 CFR 351.213(d)(1).
Although Cal Pure's withdrew its request for review after 90 days of
the date of publication of the notice of initiation, the Department
determines it is reasonable under these circumstances to accept the
request. Specifically, no party has objected to Cal Pures' late
withdrawal and the Department has not expended significant resources to
date in conducting this review.
Therefore, in response to Cal Pure's withdrawal of its request for
administrative reviews pursuant to 19 CFR 351.213(d)(1), the Department
hereby rescinds the administrative review of the antidumping duty order
on raw pistachios from Iran for the period June 1, 2006, through July
31, 2007. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of this rescission of
administrative review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003). This clarification will apply to entries of subject merchandise
during the POR produced by any of the companies for which we are
rescinding this review, and for which each no-shipment respondent did
not know its merchandise would be exported by another company to the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
This notice 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 the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: February 11, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-3145 Filed 2-19-08; 8:45 am]
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