[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Notices]
[Pages 7724-7725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-813]


Notice of Termination of Antidumping Duty Investigation: Certain 
Processed Hazelnuts From Turkey

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

EFFECTIVE DATE: February 19, 2004.

SUMMARY: On January 28, 2004, Westnut LLC, Northwest Hazelnut Company, 
Hazelnut Growers of Oregon, Williamette Filbert Growers, Evergreen 
Orchards, and Evonuk Orchards withdrew their antidumping petition, 
filed on October 21, 2003, regarding certain processed hazelnuts from 
Turkey. Based on this withdrawal, the Department of Commerce (``the 
Department'') is now terminating this investigation.

FOR FURTHER INFORMATION CONTACT: John Drury at 202-482-0195, Ann 
Barnett-Dahl at 202-482-3833, or Abdelali Elouaradia at 202-482-1374, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Case History

    On October 21, 2003, the Department of Commerce (``Department'') 
received an antidumping duty petition (``Petition'') filed in proper 
form by Westnut LLC, Northwest Hazelnut Company, Hazelnut Growers of 
Oregon, Willamette Filbert Growers, Evergreen Orchards, and Evonuk 
Orchards (``Petitioners''). Petitioners are domestic producers of 
certain processed

[[Page 7725]]

hazelnuts (``hazelnuts''). The Department requested additional 
information for purposes of determining industry support via the 
Federal Register, see Notice of Request for Information and Extension 
of Time for Initiation: Antidumping Duty Petition on Certain Processed 
Hazelnuts from Turkey, 68 FR 64589-02 (November 14, 2003). The 
Department initiated the investigation, and notice was published in the 
Federal Register, see Notice of Initiation of Antidumping 
Investigation: Certain Processed Hazelnuts from Turkey, 68 FR 68032-01 
(December 5, 2003). On December 10, 2003, the ITC determined 
preliminarily that there is reasonable indication that imports of 
certain processed hazelnuts from Turkey are causing, or threatening 
material injury to the U.S. industry, see International Trade 
Commission Notice, Certain Processed Hazelnuts from Turkey, 68 FR 
70836-02 (December 19, 2003).

Scope of the Investigation

    The scope of this investigation covers certain processed hazelnuts, 
including kernels, and kernels that have been roasted, blanched, 
sliced, diced, chopped, or in the following other forms: paste, meal, 
flour, croquant, and butter. In-shell hazelnuts are excluded from the 
scope of the order.
    The merchandise subject to this investigation is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings 0802.22 and 2008.19.2000. The tariff classifications are 
provided for convenience and Customs purposes; however, the written 
description of the scope of these investigations is dispositive.

Termination of the Investigation

    On January 28, 2004 and January 29, 2004, the Department received 
letters from counsel to the Petitioners notifying the Department that 
the Petitioners are no longer interested in seeking relief and are 
withdrawing their petition for certain processed hazelnuts from Turkey. 
Under section 734(a)(1)(A) of the Tariff Act of 1930 (the Act), upon 
withdrawal of a petition, the administering authority may terminate an 
investigation after giving notice to all parties to the investigation. 
We have notified all parties to the investigation and the ITC of 
petitioners' withdrawal and our intention to terminate. Section 
351.207(b)(1) of the Department's regulations states that the 
Department may terminate provided it concludes that termination is in 
the public interest. Based on our assessment of the public interest, we 
have determined that termination would be in the public interest given 
that the Petitioners are no longer interested in seeking relief.
    Based on information currently on the record, the Department is 
terminating the antidumping duty investigation on certain processed 
hazelnuts from Turkey. This action is taken pursuant to section 
734(a)(1)(A) of the Act and section 351.207(b)(1) of the Department's 
regulations.

    Dated: February 12, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-3642 Filed 2-18-04; 8:45 am]
BILLING CODE 3510-DS-P