[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Notices]
[Pages 17655-17656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1613]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-507-502]


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

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

SUMMARY: In response to requests from Tehran Negah Nima Trading 
Company, Inc., trading as Nima Trading Company, Inc. (Nima), an 
exporter of subject merchandise, California Pistachio Commission 
(petitioner), and Cal Pure Pistachios, Inc. (Cal Pure), an interested 
party to this proceeding, the U.S. Department of Commerce (the 
Department) initiated an administrative review of the antidumping duty 
order on certain in-shell raw pistachios (pistachios) from Iran. No 
other interested party requested a review of Nima. The period of review 
(POR) is July 1, 2003, through June 30, 2004. For the reasons discussed 
below, the Department is rescinding this administrative review.

EFFECTIVE DATE: April 7, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at (202) 482-3019 or 
Abdelali Elouaradia at (202) 482-1374, respectively; AD/CVD Operations, 
Office 7, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2004, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
pistachios from Iran, 69 FR 39903. On July 9, 2004, and July 27, 2004, 
we received requests from petitioner and Cal Pure, respectively, to 
conduct an administrative review of Nima's sales of pistachios to the 
United States during the POR. On July 30, 2004, Nima, an exporter of 
subject merchandise during the POR, requested that the Department 
conduct an administrative review of its sales of pistachios to the 
United States. On August 30, 2004, the Department initiated an 
administrative review of the antidumping duty order on pistachios from 
Iran for the period July 1, 2003, through June 30, 2004, in order to 
determine whether merchandise imported into the United States was sold 
at less than fair value by Nima. See Initiation of Antidumping and 
Countervailing Duty Administrative Review and Requests for Revocations 
in Part, 69 FR 52857.
    On March 14, 2005, Nima filed a letter in which it requested that 
the Department rescind the instant administrative review. On March 15, 
2005, Department officials contacted Nima's representative in order to 
clarify the intent of Nima's March 14, 2005, filing. During this 
conversation, Nima clarified that it had intended to withdraw its 
request for the current administrative review pursuant to section 
351.213(d)(1) of the Department's regulations. See Memorandum to the 
File through Abdelali Elouaradia, Program Manager, Office 7, Telephone 
Conversation with Respondent's Representative, dated March 15, 2005. On 
March 24, 2005, both petitioner and Cal Pure also withdrew their 
requests for the instant review.

Rescission of Review

    If a party that requested a review withdraws its request within 90 
days of the date of publication of the notice of initiation of the 
requested review, the Secretary will rescind the review pursuant to 19 
CFR 351.213(d)(1) of the Department's regulations. However, the 
Secretary may extend this time limit if the Secretary decides that it 
is reasonable to do so. The Department finds that it is reasonable to 
extend the time limit by which a party may withdraw its request for 
review in the instant proceeding. Given that all

[[Page 17656]]

parties have withdrawn from, and thereby are no longer participating 
in, the instant review, we find it reasonable to accept the parties' 
withdrawals of their requests for review. The Department has not yet 
devoted considerable time and resources to this review, and the 
Department concludes that the withdrawals do not constitute an abuse of 
our procedures by the involved parties. Therefore, the Department is 
rescinding this administrative review of the antidumping duty order on 
pistachios from Iran.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's assumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.
    This notice also 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) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department's 
regulations.

    Dated: April 1, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-1613 Filed 4-6-05; 8:45 am]
BILLING CODE 3510-DS-P