[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Notices]
[Pages 51193-51194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-507-502]


Certain In-Shell Raw Pistachios From Iran: Notice of Rescission 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Rescission of Antidumping Duty Administrative Review.

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SUMMARY: On August 20, 2001, the Department of Commerce (the 
Department) published in the Federal Register (66 FR 43570) a notice 
announcing the initiation of an administrative review of the 
antidumping duty order on certain in-shell raw pistachios from Iran and

[[Page 51194]]

Rafsanjan Pistachio Producers Cooperative (RPPC). The review period is 
July 1, 2000 to June 30, 2001. This review has now been rescinded 
because there were no sales of subject merchandise by RPPC to the 
United States during the period of review.

EFFECTIVE DATE: August 7, 2002.

FOR FURTHER INFORMATION CONTACT: Phyllis Hall or Donna Kinsella, 
Enforcement Group III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Room 7866, Washington, D.C. 20230; telephone 
(202) 482-1398 or (202) 482-0194 respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

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

Scope of Review

    Imports covered by this review are raw, in-shell pistachio nuts 
from which the hulls have been removed, leaving the inner hard shells 
and edible meats, from Iran. The merchandise under review is currently 
classifiable under item 0802.50.20.00 of the Harmonized Tariff Schedule 
of the United States (HTSUS). Although the HTSUS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of this proceeding is dispositive.

Background

    On July 11, 2001, Cyrus Marketing (Cyrus), a U.S. importer of 
subject merchandise, requested an administrative review of the 
antidumping duty order on Certain In-Shell Pistachios from Iran, 
published in the Federal Register on July 17, 1986 (51 FR 25922), and 
RPPC, an Iranian producer and exporter of pistachios. We initiated the 
review on August 20, 2001 (66 FR 43570). On September 28, 2001, January 
8, 2002, February 7, 2002, March 6, 2002, and April 25, 2002 the 
Department issued standard and supplemental antidumping questionnaires. 
On November 15, 2001, December 4, 2000, February 4, 2002, March 20, 
2002, and May 13, 2002, RPPC submitted responses to these 
questionnaires and a July 3, 2002, addendum. Additionally, on February 
20, 2002, the Department orally requested information from RPPC. RPPC 
responded in writing on February 22, 2002.
    Under section 751(a)(3)(A) of the Act, the Department may extend 
the deadline for issuing the preliminary results in an administrative 
review if it determines that it is not practicable to complete the 
preliminary results within the statutory time limit of 245 days. On 
April 4, 2002, the Department published a notice of extension of the 
time limit for the completion of the preliminary results by 120 days, 
until July 31, 2002. See Administrative Review of Certain In-Shell Raw 
Pistachios From Iran: Extension of Time Limit for Preliminary Results 
of Antidumping Duty Administrative Review, 67 FR 16088 (April 4, 2002).
    On June 11, 2002, the Department issued a memorandum indicating its 
intent to rescind the administrative review covering RPPC and invited 
interested parties to submit comments on its intent to rescind no later 
than June 25, 2002. See Decision Memorandum from Phyllis Hall, Case 
Analyst through Donna Kinsella, Case Manager and Richard Weible, 
Director, Office 8 to Joseph Spetrini, Deputy Assistant Secretary dated 
June 10, 2002. On June 24, 2002, the Department received joint comments 
from Cyrus and RPPC. No other interested party comments were received. 
On July 23, 2002, Cyrus submitted additional information that the 
Department rejected as untimely. See Letter from Phyllis Hall to Ed 
Borcherdt dated July 30, 2002.

Analysis of Comments Received

    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer, if the Department concludes that, during the 
period covered by the review, there were no entries, exports or sales 
of the subject merchandise. In light of the fact that we have 
determined that the only company covered by the review did not have 
entries for consumption into the territory of the United States during 
the POR in question, we find that rescinding this review is 
appropriate. For a complete discussion see ``Decision to Rescind the 
Antidumping Duty Administrative Review of Certain In-Shell Raw 
Pistachios from Iran Memorandum'' from Donna Kinsella, Case Manager and 
Richard Weible, Director Office 8 through Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration to Faryar Shirzad, Assistant 
Secretary for Import Administration dated July 31, 2002. The cash-
deposit rate for RPPC will remain at 184.28 percent, the rate 
established in the most recently completed segment of this proceeding, 
adjusted for export subsidies. See Certain In-Shell Pistachios: Final 
Determination of Sales at Less Than Fair Value, 51 FR 18919, May 23, 
1986.
    This notice is in accordance with section 777(i) of the Act and 19 
CFR 351.213(d)(4).

    Dated: July 31, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-19991 Filed 8-6-02; 8:45 am]
BILLING CODE 3510-DS-S