[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Notices]
[Pages 59235-59236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29485]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-507-601]


Certain In-Shell Roasted Pistachios From Iran: Notice of 
Initiation of New Shipper Countervailing Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce .
SUMMARY: The Department of Commerce (``the Department'') has received a 
request for a new shipper review of the countervailing duty order on 
certain in-shell roasted pistachios from Iran. In accordance with our 
regulations, we are initiating this new shipper review.

EFFECTIVE DATE: November 27, 2001.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds or Darla Brown at 
(202) 482-2786; AD/CVD Enforcement, Office VI, Group II, Import 
Administration, International Trade Administration, US Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department's regulations refer to the 
regulations codified at 19 CFR part 351 (2001).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received a request from Tehran Negah Nima 
Trading Company, Inc. (``Nima'') to conduct a new shipper review of the 
countervailing duty order on certain in-shell roasted pistachios, 
issued October 7, 1986 (51 FR 35679). This request was made pursuant to 
section 751(a)(2)(B) of the Act and 19 CFR 351.214(b).
    On October 31, 2001, Nima also submitted a request for an 
administrative review of the countervailing duty order on certain in-
shell roasted pistachios from Iran, in the event that the Department 
did not

[[Page 59236]]

initiate the new shipper review. As we are initiating this new shipper 
review, we are not initiating an administrative review at this time.

Initiation of Review

    Pursuant to 19 CFR 351.214(b), in its request of September 18, 
2001, Nima certified that it did not export the subject merchandise to 
the United States during the period of investigation (``POI'') and that 
it is not now and never has been affiliated with any exporter or 
producer who exported the subject merchandise to the United States 
during the POI. Nima submitted documentation establishing the date on 
which its merchandise was first entered for consumption in the United 
States, the volume of that first shipment and the date of its first 
sale to an unaffiliated customer in the United States.
    In accordance with section 751(a)(2)(B) of the Act and section 
351.214(d) of the Department's regulations, we are initiating a new 
shipper review of the countervailing duty order on certain in-shell 
roasted pistachios from Iran. In accordance with 19 CFR 351.214(h)(i), 
we intend to issue the preliminary results of this review not later 
than 180 days from the date of publication of this notice. The 
Department's regulations state, in 19 CFR 351.214(g)(2), that the 
period of review (``POR'') for a CVD new shipper review will be the 
same period as that specified in 19 CFR 351.213.(e)(2), which states 
that the Department normally will cover entries of subject merchandise 
during the most recently completed calendar year. However, the 
Department noted in the Preamble to its Final Regulations that the 
regulations continue to ``provide the Department with sufficient 
flexibility to resolve any problems that may arise by modifying the 
standard review period.'' Antidumping Duties; Countervailing Duties; 
Final Rule, 62 FR 27320 (May 19, 1997). The Department's regulations 
permit a party to file a request for a new shipper review during the 
six month period preceding the anniversary month and the six month 
period preceding the semiannual anniversary month. If a calendar year 
standard is utilized, as noted in the Department's regulations, entries 
may enter during the current year and be lost from the Department's 
analysis as a result. Because the Department believes that such a 
situation would arise in this instance, the POR will begin with the 
last fiscal quarter of the year 2000 and end with the third fiscal 
quarter of 2001.

------------------------------------------------------------------------
                                                  Period to be reviewed
------------------------------------------------------------------------
         Countervailing duty proceeding
Iran:
    Certain In-shell Roasted Pistachios, C-507-
     601:
        Tehran Negah Nima Trading Company......        10/01/00-09/30/01
------------------------------------------------------------------------

    Concurrent with publication of this notice, and in accordance with 
19 CFR 351.214(e), we will instruct the Customs Service to allow, at 
the option of the importer, the posting of a bond or security in lieu 
of a cash deposit for each entry of the merchandise exported by the 
company listed above, until the completion of the review.
    Interested parties may submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305.
    This initiation notice is in accordance with section 751(a) of the 
Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.

    Dated: November 19, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary for Import Administration, Group II.
[FR Doc. 01-29485 Filed 11-26-01; 8:45 am]
BILLING CODE 3510-DS-P