[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Notices]
[Pages 27682-27683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7281]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-507-601)


Certain In-shell Roasted 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 November 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 roasted pistachios from Iran. See Certain In-shell Roasted 
Pistachios from the Islamic Republic of Iran: Preliminary Results of 
Countervailing Duty Administrative Review, 70 FR 67453 (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. However, we have made a change to the programs found in the 
Preliminary Results to be used by respondents during the period of 
review (POR), determining that the respondent company did indeed act to 
the best of its ability in responding to our questionnaire. For further 
discussion of our positions, see the ``Issues and Decision Memorandum'' 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, concerning the ``Final Results of Countervailing Duty 
Administrative Review: Certain In-shell Roasted Pistachios from the 
Islamic Republic of Iran'' (Decision Memorandum) dated May 8, 2006. The 
final net subsidy rate for the reviewed company is listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: May 12, 2006.

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 November 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 February 13, 2006, we received case briefs from petitioners\1\ 
and Nima. On March 10, 2006, the Department extended the time limit for 
the completion of its final results until May 8, 2006. See Certain In-
shell Roasted Pistachios from the Islamic Republic of Iran: Extension 
of Time Limit for Final Results of Countervailing Duty Administrative 
Review, 71 FR 12343 (March 10, 2006).
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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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    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 POR January 1, 2003, through 
December 31, 2003.

Scope of the Order

    The product covered by this order 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 Comments Received

    For a discussion of the programs and the issues raised in the 
briefs by parties to this review, see the Decision Memorandum, which is 
hereby adopted by this notice. A listing of the issues which parties 
raised and to which we have responded, which are in the Decision 
Memorandum, is attached to this notice as Appendix I. Parties can find 
a complete discussion of the issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit (CRU), room

[[Page 27683]]

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/frn. 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 and 
Razi for calendar year 2003.

------------------------------------------------------------------------
                                                             Net Subsidy
                     Producer/Exporter                          Rate
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc., trading as Nima    0.00 percent
 Trading Company (Nima) and Razi Domghan Agricultural and     ad valorem
 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 21.68 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) (Pistachios 
New Shipper Reviews); (3) for merchandise exported by Nima but not 
produced by Razi or Maghsoudi Farms, the cash deposit rate will be 
317.89 percent, 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; 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 317.89 percent ad valorem, 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 notice are issued and published in 
accordance with sections 751(a)(1), 751(a)(3) and 777(i)(1) of the Act 
and 19 CFR 351.221(b)(5).

    Dated: May 8, 2006.
David M. Spooner,
Assistant Secretaryfor 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: Termination of the Review
    Comment 2: Application of Adverse Facts Available to the Provision 
of Credit Program
    Comment 3: Application of Adverse Facts Available to the Provision 
of Fertilizer and Machinery Program
    Comment 4: Application of Adverse Facts Available to the Tax 
Exemptions Program
    Comment 5: Application of Adverse Facts Available to the Provision 
of Water and Irrigation Equipment Program
    Comment 6: Application of Adverse Facts Available to the Technical 
Support Program
    Comment 7: Application of Adverse Facts Available to the Duty 
Refunds on Imported Raw or Intermediate Materials Used in the 
Production of Export Goods Program
    Comment 8: Application of Adverse Facts Available to the Program to 
Improve Quality of Exports of Dried Fruit
    Comment 9: Application of Adverse Facts Available to the Iranian 
Export Guarantee Fund
    Comment 10: Application of Adverse Facts Available to the GOI 
Grants and Loans to Pistachio Farmers Program
    Comment 11: Application of Adverse Facts Available to the Crop 
Insurance for Pistachios Program
    Comment 12: Adherence to the Department's Deadlines and Service 
Requirements
[FR Doc. E6-7281 Filed 5-11-06; 8:45 am]
BILLING CODE 3510-DS-S