[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Notices]
[Pages 94-95]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8214]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-507-502)


Continuation of Antidumping Duty Order on Certain In-Shell 
Pistachios from Iran

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on certain in-
shell pistachios (``in-shell pistachios'') from Iran would likely lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing notice of 
continuation of this antidumping duty order.

EFFECTIVE DATE: January 3, 2006.

CONTACT INFORMATION: Dana Mermelstein, AD/CVD Operations, Office 6, or 
John Drury, AD/CVD Operations, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230, telephone: 
(202) 482-1391 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2005, the Department initiated and the ITC instituted a 
sunset review of the antidumping duty order on in-shell pistachios from 
Iran, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``the Act'').\1\
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 9919 
(March 1, 2005) and Raw In-Shell Pistachios from Iran, 70 FR 9976 
(March 1, 2005).
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    As a result of its review, the Department found that revocation of 
the antidumping duty order would likely lead to continuation or 
recurrence of dumping, and notified the ITC of the magnitude of the 
margins likely to prevail were the order to be revoked.\2\ On December 
22, 2005, the ITC determined, pursuant to section 751(c) of the Act, 
that revocation of the antidumping duty order on in-shell pistachios 
from Iran would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\3\
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    \2\ See Certain In-Shell Pistachios from Iran; Final Results of 
the Expedited Sunset Review of the Antidumping Duty Order, 70 FR 
57855 (October 4, 2005).
    \3\ See Raw In-Shell Pistachios from Iran, 70 FR 76076 (December 
22, 2005) and USITC Publication 3824, Investigation No. 731-TA-287 
(Review) (December 2005).
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Scope of the Order

    The product covered by the antidumping duty order is raw, in-shell 
pistachio nuts from which the hulls have been removed, leaving the 
inner hard shells, and edible meats from Iran. This merchandise is 
currently provided for in subheading 0802.50.20.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
Department's written description of the merchandise under order is 
dispositive.

Determination

    As a result of the determinations by the Department and the ITC 
that

[[Page 95]]

revocation of this antidumping duty order would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on in-shell pistachios from Iran. U.S. Customs and Border 
Protection will continue to collect antidumping duty deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of continuation of this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) and 751(c)(6)(A) of the Act, the 
Department intends to initiate the next five-year review of this order 
not later than March 2010.
    This notice is in accordance with sections 751(c) and 777(i)(1) of 
the Act.

    Dated: December 23, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-8214 Filed 12-30-05; 8:45 am]
BILLING CODE 3510-DS-S