[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Notices]
[Pages 56534-56535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22536]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C507501; C507601]


Certain In-Shell Pistachios (C507501) and Certain Roasted In-
Shell Pistachios (C507601) From the Islamic Republic of Iran: 
Preliminary Results of New Shipper Countervailing Duty Reviews

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

ACTION: Notice of preliminary results of countervailing duty new 
shipper reviews.

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SUMMARY: The Department of Commerce (the Department) is conducting new 
shipper countervailing duty reviews of the countervailing duty orders 
on certain in-shell pistachios and certain roasted in-shell pistachios 
from the Islamic Republic of Iran (Iran) for the period October 1, 
2000, through September 30, 2001. If the Final Results remain the same 
as the Preliminary Results of these new shipper reviews, we will 
instruct the U.S. Customs Service (Customs) to assess countervailing 
duties as detailed in the ``Preliminary Results of New Shipper 
Reviews'' section of this notice. Interested parties are invited to 
comment on these Preliminary Results. (See the ``Public Comment'' 
section of this notice).

EFFECTIVE DATE: September 4, 2002.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds or Darla Brown, AD/
CVD Enforcement, Office VI, Group II, Import Administration, U.S. 
Department of Commerce, Room 4012, 14th Street and Constitution Avenue, 
NW., Washington, DC 20230; telephone (202) 4822786.

SUPPLEMENTARY INFORMATION:

Case History

    On March 11, 1986, the Department published in the Federal Register 
the countervailing duty order on certain in-shell pistachios from Iran. 
See Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order: In-Shell Pistachios from Iran, 51 FR 8344 
(March 11, 1986) (In-Shell Pistachios). On March 1, 2001, the 
Department published a notice of ``Opportunity to Request an 
Administrative Review'' (66 FR 13283). On September 18, 2001, we 
received a timely request for a new shipper review from Tehran Negah-
Nima Trading Company (Nima), the respondent company in the 
proceeding.\1\ On November 7, 2001, we initiated a new shipper review 
covering the period October 1, 2000, through September 30, 2001 (66 FR 
56277).
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    \1\ The use of the name Nima refers to Tehran Negah-Nima Trading 
Company as well as its grower, Maghsoudi Farms, and its supplier, 
Fallah Pistachio.
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    On October 7, 1986, the Department published in the Federal 
Register the countervailing duty order on certain roasted in-shell 
pistachios from Iran. See Final Affirmative Countervailing 
Determination and Countervailing Duty Order: Roasted In-Shell 
Pistachios from Iran, 51 FR 35679 (October 7, 1986) (Roasted In-Shell 
Pistachios). On October 1, 2001, the Department published a notice of 
``Opportunity to Request an Administrative Review'' (66 FR 49923) of 
this countervailing duty order. We received a timely request for a new 
shipper review from Nima on September 18, 2001. On November 27, 2001, 
we initiated a review covering the period October 1, 2000 through 
September 30, 2001 (66 FR 59235).
    On January 18, 2002, we issued our initial questionnaire to the 
Government of Iran (GOI) and Nima, covering both new shipper reviews of 
in-shell and roasted in-shell pistachio nuts from Iran. On May 15, 
2002, we issued supplemental questionnaires to the GOI and Nima. On 
July 26, 2002, we issued a second supplemental questionnaire to Nima. 
On August 6, 2002, we issued a second supplemental questionnaire to the 
GOI. On August 7, 2002, we issued additional follow-up questions 
regarding the second supplemental questionnaire issued to Nima.
    On April 24, 2002, we extended the period for the completion of the 
Preliminary Results pursuant to section 751(a)(2)(B)(iv) of the Tariff 
Act of 1930, as amended (the Act). See Certain In-Shell Pistachios from 
Iran and Certain In-Shell Roasted Pistachios from Iran: Extension of 
Time Limit for Preliminary Results of Countervailing Duty New Shipper 
Reviews, 67 FR 20093 (April 24, 2002).
    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 Nima and nine 
programs.

Applicable Statute and Regulations

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

New Subsidy Allegations Alleged by Petitioners

    On December 11, 2001, petitioners submitted new subsidy 
allegations.\2\ On January 4, 2002, petitioners submitted documentation 
in support of their new subsidy allegations. Upon review of 
petitioners' new subsidy allegations, we initiated an investigation on 
two additional programs allegedly operated by the GOI: Duty Refunds on 
Imported Raw or Intermediate Materials Used in the Production of 
Exported Goods and a Quality Improvement Program for Dried Fruit 
Exports. For more information, see the May 8, 2002, New Subsidies 
Allegations Memorandum from the team to Melissa G. Skinner, Director, 
Office of AD/CVD Enforcement VI, Import Administration, a public 
document on file in room B099 of the Main Commerce Building.
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    \2\ Petitioners are composed of members of the California 
Pistachio Commission.

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[[Page 56535]]

Scope of 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 Programs

Programs Preliminarily Determined To Be Not Used

    Based on the information supplied by Nima, we preliminarily 
determine that the programs listed below were not used during the POR. 
For further discussion of the Export Certificate Voucher Program, see 
the August 27, 2002, memorandum from the team to Melissa G. Skinner, 
Director, Office of AD/CVD Enforcement VI, Import Administration, a 
public document, which is on file in room B099 of the Central Records 
Unit located in the Main Commerce building.

A. Export Certificate Voucher Program
B. Price Supports and/or Guaranteed Purchase of All Production
C. Provision of Fertilizer and Machinery
D. Provision of GOI Credit
E. Tax Exemptions
F. Provision of Water and Irrigation
G. Technical Assistance from the GOI
H. Duty Refunds on Imported Raw or Intermediate Materials Used in the 
Production of Export Goods
I. Program to Improve Quality of Exports of Dried Fruit

Preliminary Results of New Shipper Reviews

    In accordance with section 751(a)(2)(B)(i) of the Act, we 
determined an individual rate for each manufacturer of the subject 
merchandise participating in these new shipper reviews. We 
preliminarily determine the total estimated net countervailable subsidy 
rates to be:

                           In-Shell Pistachios
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             Producer/exporter                    Net subsidy rate
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Tehran Negah-Nima Trading Company.........  0.00 percent ad valorem.
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                       Roasted In-Shell Pistachios
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             Producer/exporter                    Net subsidy rate
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Tehran Negah-Nima Trading Company.........  0.00 percent ad valorem.
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    As provided for in the Act and 19 CFR 351.106(c)(1) of the 
Department's Regulations, any rate less than 0.5 percent ad valorem in 
a new shipper review is de minimis. Accordingly, if the Final Results 
of these new shipper reviews remain the same as these Preliminary 
Results, no customs duties will be assessed. The Department will 
instruct Customs to liquidate without regard to countervailing duties, 
shipments of the subject merchandise (e.g., in-shell and roasted in-
shell pistachios from Iran) for Nima entered, or withdrawn from 
warehouse, for consumption on or after October 1, 2000 and on or before 
September 30, 2001. Also, the cash deposit rates will be set at zero 
for this company. The Department will issue appropriate appraisement 
instructions directly to the Customs Service within 15 days of 
publication of the final results of review.

Public Comment

    In accordance with 19 CFR 351.310, we will hold a public hearing, 
if requested, to afford interested parties an opportunity to comment on 
these Preliminary Results. Any such hearing is tentatively scheduled to 
be held 37 days from the date of publication of these Preliminary 
Results, at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230. Individuals who wish to 
request a hearing must submit a written request within 30 days of the 
publication of this notice in the Federal Register to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, Room 
1870, 14th Street and Constitution Avenue, NW., Washington, DC 20230. 
Parties should confirm by telephone the time, date, and place of the 
hearing 48 hours before the scheduled time.
    Requests for a public hearing should contain: (1) The party's name, 
address, and telephone number; (2) the number of participants; and, (3) 
to the extent practicable, an identification of the arguments to be 
raised at the hearing. Parties may file case briefs pursuant to 19 CFR 
351.309(c)(ii). Six copies of the business proprietary version and six 
copies of the non-proprietary version of the case briefs must be 
submitted to the Assistant Secretary no later than 30 days from the 
date of publication of the preliminary determination. As part of the 
case brief, parties are encouraged to provide a summary of the 
arguments not to exceed five pages and a table of statutes, 
regulations, and cases cited. Parties may also submit rebuttal briefs 
pursuant to 19 CFR 351.309(d). Six copies of the business proprietary 
version and six copies of the non-proprietary version of the rebuttal 
briefs must be submitted to the Assistant Secretary no later than 5 
days from the date of filing of the case briefs. An interested party 
may make an affirmative presentation only on arguments included in that 
party's case or rebuttal briefs. Further written arguments should be 
submitted in accordance with 19 CFR 351.309 and will be considered if 
received within the time limits specified above.
    These determinations are issued and published pursuant to sections 
751(a)(2)(B)(iv) and 777(i) of the Act.

    Dated: August 27, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-22536 Filed 9302; 8:45 am]
BILLING CODE 3510DSP