[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Notices]
[Pages 76272-76273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21764]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-507-502)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) is rescinding 
its administrative review of the antidumping duty order on certain in-
shell raw pistachios from Iran for the period July 1, 2005, through 
June 30, 2006.

EFFECTIVE DATE: December 20, 2006.

FOR MORE INFORMATION CONTACT: Angelica Mendoza 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-
3019 and (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2006, the Department published in the Federal Register 
its notice of opportunity to request an administrative review of the 
antidumping duty order on certain in-shell raw pistachios (pistachios) 
from Iran. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative Review, 
71 FR 37890 (July 3, 2006). In response, on July 31, 2006, Cal Pure 
Pistachios, Inc. (Cal Pure), a domestic interested party, requested an 
administrative review of the antidumping duty order on pistachios from 
Iran for the period of review (POR) of July 1, 2005, through June 30, 
2006, with respect to entries of merchandise exported or shipped by 
Tehran Negah Nima Trading Company (Nima). Respondent Nima did not 
request an administrative review. On August 25, 2006, the Department 
initiated an administrative review of Nima. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 71 FR 51573 (August 30, 2006). On September 18, 
2006, the Department issued its antidumping duty questionnaire to Nima. 
On October 4, 2006, Nima's representative informed the Department that 
it would not be filing responses to the Department's questionnaire as 
it did not export or

[[Page 76273]]

ship subject merchandise during the POR. See Memorandum to the File 
from Angelica L. Mendoza, Tehran Negah Nima Trading Company - No 
Shipments of Certain In-Shell Raw Pistachios from Iran, dated October 
5, 2006.
    On October 20, 2006, the Department issued a ``No Shipment 
Inquiry'' to U.S. Customs and Border Protection (CBP) to confirm that 
there were no shipments or entries of pistachios from Iran exported by 
Nima during the POR of the instant administrative review. On November 
7, 2006, the Department confirmed, based on its internal review of CBP 
data and the results of its CBP inquiry, there were no entries of 
merchandise exported or shipped by Nima during the POR. See Memorandum 
to the File from Angelica L. Mendoza, through Richard O. Weible, Office 
Director, Tehran Negah Nima Trading Company (Nima) - No Shipments of 
Certain In-Shell Raw Pistachios from Iran Per CBP Inquiry, dated 
November 7, 2006. On November 8, 2006, Cal Pure submitted a letter 
withdrawing its request for an administrative review of shipments or 
entries of pistachios from Iran exported by Nima. See Letter from Cal 
Pure dated November 8, 2006.

Rescission of Antidumping Duty Administrative Review

    19 C.F.R. 351.213(d)(1) provides that the Department will rescind 
an administrative review if the party that requested the review 
withdraws its request for review within 90 days of the date of 
publication of the notice of initiation of the requested review, or 
withdraws at a later date if the Department determines it is reasonable 
to extend the time limit for withdrawing the request. In response to 
Cal Pure's timely withdrawal of its request for an administrative 
review as well as the fact that Nima had no shipments during the POR 
pursuant to 19 C.F.R. ]351.213(d)(3), the Department hereby rescinds 
the administrative review of the antidumping duty order on pistachios 
from Iran for the period July 1, 2005, through June 30, 2006.
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the date of the publication of this 
notice. The Department will direct CBP to assess antidumping duties for 
Nima at the cash deposit rate in effect on the date of entry for 
entries during the period July 1, 2005, through June 30, 2006.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 C.F.R. ]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 the 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 C.F.R. ]351.305(a)(3). 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 published in accordance with section 777(i)(1) of 
the Tariff Act of 1930, as amended, and 19 C.F.R. ]351.213(d)(4).

    Dated: December 14, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-21764 Filed 12-19-06; 8:45 am]
Billing Code: 3510-DS-S