[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Pages 54027-54028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4994]



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DEPARTMENT OF COMMERCE

International Trade Administration

(C-507-501)


Certain In-shell Pistachios from the Islamic Republic of Iran: 
Final Results of Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 7, 2005, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results in the 
countervailing duty (CVD) administrative review of certain in-shell 
pistachios from Iran. See Certain In-shell Pistachios from the Islamic 
Republic of Iran: Preliminary Results of Countervailing Duty 
Administrative Review, 70 FR 17653 (Preliminary Results). The 
Department has now completed this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
    Based on information received since the Preliminary Results and our 
analysis of the comments received, the Department has not revised the 
net subsidy rate for Tehran Negah Nima Trading Company, Inc., trading 
as Nima Trading Company (Nima), the respondent company in this 
proceeding. For further discussion of our positions, see the ``Issues 
and Decision Memorandum'' from Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Import Administration, to Joseph A. Spetrini, 
Acting Assistant Secretary for Import Administration, concerning the 
``Final Results of Countervailing Duty Administrative Review: Certain 
In-Shell Pistachios from the Islamic Republic of Iran'' (Decision 
Memorandum) dated September 6, 2005. The final net subsidy rate for the 
reviewed company is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: September 13, 2005.

FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 
3, Import Administration, U.S. Department of Commerce, Room 4012, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On April 7, 2005, the Department published in the Federal Register 
its Preliminary Results. We invited interested parties to comment on 
these results. Since the preliminary results, the following events have 
occurred.
    On May 9, 2005, petitioners\1\ submitted a request for a public 
hearing. On June 24, 2005, we received case briefs from petitioners and 
Nima. On July 1, 2005, we received rebuttal briefs from petitioners and 
Nima. On July 25, 2005, Nima informed the Department that it would not 
be participating in the hearing. On August 11, 2005, the Department 
extended the time limit for the completion of its final results until 
September 6, 2005. See Certain In-Shell Pistachios from the Islamic 
Republic of Iran: Extension of Time Limit for Final Results of 
Countervailing Duty Administrative Review, 70 FR 46814 (August 11, 
2005). On August 15, 2005, a public hearing was held at the Department 
of Commerce.
    In accordance with 19 CFR 351.213(b), this administrative review 
covers only those producers or exporters for which a review was 
specifically requested. Accordingly, this administrative review covers 
Nima and its grower, Razi Domghan Agricultural and Animal Husbandry 
Company (Razi) and ten programs for the period of review (POR) January 
1, 2003, through December 31, 2003.
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    \1\ Petitioners include the California Pistachios Commission 
(CPC) and its members and a domestic interested party, Cal Pure 
Pistachios, Inc. (Cal Pure).
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Scope of the Order

    For purposes of this order, the product covered 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 HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the scope 
is dispositive.

Analysis of Comments Received

    For a discussion of the programs and the issue raised in the case 
and rebuttal briefs by parties to this review, see the Decision 
Memorandum, which is hereby adopted by this notice. A listing of the 
issue which parties raised and to which we have responded, which is in 
the Decision Memorandum, is attached to this notice as Appendix I. 
Parties can find a complete discussion of the issue raised in this 
review and the corresponding recommendation in this public memorandum, 
which is on file in the Central Records Unit (CRU), room B-099 of the 
main Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the World Wide Web at http://ia.ita.doc.gov, under the heading ``Federal Register Notices.'' The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    In accordance with section 777A(e)(1) of the Act and 19 CFR 
351.221(b)(5), we calculated an ad valorem subsidy rate for Nima for 
calendar year 2003.

------------------------------------------------------------------------
                  Producer/Exporter                    Net Subsidy Rate
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Tehran Negah Nima Trading Company, Inc., trading as      0.00 percent ad
 Nima Trading Company (Nima) and Razi Domghan                    valorem
 Agricultural and Animal Husbandry Company (Razi)...
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    As Nima is the exporter but not the producer of subject 
merchandise, the Department's final results of review apply to subject 
merchandise exported by Nima and produced by Nima's supplier of 
pistachios, Razi. See 19 CFR 351.107(b) (providing that the Department 
may establish a combination rate for each combination of exporter and 
its supplying producer).
    Therefore, we will issue the following cash deposit requirements, 
within 15 days of publication of the final results of the instant 
review, for all shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication: 
(1) for merchandise exported by Nima and produced by Razi, the cash 
deposit rate will be 0.00 percent ad valorem, i.e., the rate calculated 
in the final results of the instant administrative review; (2) for 
merchandise exported by Nima and produced by Maghsoudi Farms, the cash 
deposit rate will be 23.18 percent, the rate calculated for Nima and 
Maghsoudi Farms in the new shipper reviews (see Certain In-Shell 
Pistachios (C-507-501) and Certain Roasted In-Shell Pistachios (C-507-
601) from the Islamic Republic of Iran: Final Results of New Shipper 
Countervailing Duty Reviews, 68 FR 4997 (January 31, 2003) (New Shipper 
Reviews); (3) for merchandise exported by Nima but not produced by Razi 
or Maghsoudi Farms, the cash deposit rate will be the ``all others'' 
rate established in the original CVD investigation (see 51 FR 8344 
(March 11, 1986)); (4) if the exporter is not a firm covered in this 
review, a prior review, or the original CVD investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recent period for the producer of the merchandise;

[[Page 54028]]

and (5) if neither the exporter nor producer is a firm covered in this 
review or the original investigation, the cash deposit rate for all 
other producers or exporters of the subject merchandise will continue 
to be 99.52 percent ad valorem. This rate is the ``all others'' rate 
from the final determination in the original investigation.
    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). Timely written 
notification of 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 administrative review and this notice are issued and published 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: September 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I - Issues and Decision Memorandum

I. ANALYSIS OF PROGRAMS
    A. Programs Determined to Be Not Used
    1. Provision of Fertilizer and Machinery
    2. Provision of Credit
    3. Tax Exemptions
    4. Provision of Water and Irrigation Equipment
    5. Technical Support
    6. Duty Refunds on Imported Raw or Intermediate Materials Used in 
the Production of Export Goods
    7. Program to Improve Quality of Exports of Dried Fruit
    8. Iranian Export Guarantee Fund
    9. GOI Grants and Loans to Pistachio Farmers
     10.Crop Insurance for Pistachios
II. TOTAL AD VALOREM RATE
III. ANALYSIS OF COMMENTS
    Comment 1: Use of Adverse Facts Available
[FR Doc. E5-4994 Filed 9-12-05; 8:45 am]
BILLING CODE 3510-DS-S