[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67276-67277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23142]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-507-601]


Certain In-shell Roasted Pistachios from the Islamic Republic of 
Iran: Preliminary Results of Countervailing Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review of the countervailing duty (CVD) order on certain 
in-shell roasted pistachios from the Islamic Republic of Iran (Iran) 
for the period January 1, 2006, through December 31, 2006. For 
information on the net subsidy rate for the reviewed company, please 
see the ``Preliminary Results of Review'' section of this notice. 
Interested parties are invited to comment on these preliminary results. 
(See the ``Public Comment'' section of this notice).

EFFECTIVE DATE: November 28, 2007.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD 
Operations, Office 3, Import Administration, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone (202) 482-4161.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 1986, the Department published in the Federal 
Register the countervailing duty order on certain in-shell roasted 
pistachios from Iran. See Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order: Roasted In-shell 
Pistachios from Iran, 51 FR 35679 (October 7, 1986). On March 21, 2007, 
the Department received a timely request for a new shipper review from 
Kerman Corporation (Kerman) on behalf of Ahmadi's Agricultural 
Productions, Processing and Trade Complex (Ahmadi). See Letter from Ali 
R. Ahmadi, Kerman Corporation, dated March 21, 2007. On June 1, 2007, 
the Department published the notice of initiation of this new shipper 
review for the period of review (POR) of January 1, 2006, through 
December 31, 2006. See Certain In-shell Roasted Pistachios from the 
Islamic Republic of Iran: Notice of Initiation of Countervailing Duty 
New Shipper Review, 72 FR 30547 (June 1, 2007).
    On June 6, 2007, we issued our initial questionnaire to the 
Government of Iran (GOI) and Ahmadi, to which Ahmadi and the GOI 
submitted responses on August 3 and September 14, 2007, respectively. 
On September 10, 2007, the Department issued a supplemental 
questionnaire to Ahmadi and Ahmadi submitted a response on October 1, 
2007. On October 3, 2007, the Department issued a supplemental 
questionnaire to the GOI. The GOI did not respond to the supplemental 
questionnaire.
    On October 4, 2007, the Western Pistachio Commission (petitioner) 
submitted additional subsidy allegations regarding certain programs 
provided by the GOI. On November 13, 2007, the Department issued 
supplemental questions to petitioners regarding their additional 
subsidy allegations. The supplemental information is due to the 
Department on November 27, 2007, and will be addressed in the final 
results of this proceeding.
    On November 13, 2007, petitioner submitted comments regarding the 
Department's preliminary results. The Department intends to address 
these concerns as part of the Public Comment phase of this proceeding, 
as discussed below.
    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.214(a), this new shipper review 
covers only merchandise produced and exported by Ahmadi, for which a 
review was specifically requested.

Scope of Order

    The product covered by this order is all roasted in-shell pistachio 
nuts, whether roasted in Iran or elsewhere, 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 subheading is 
provided for convenience and customs purposes. The written description 
of the scope of this proceeding is dispositive.

Analysis of Programs

I. Programs Preliminarily Determined to Be Not Used
    Based on the information supplied by Kerman on behalf of Ahmadi, we 
preliminarily determine that the programs listed below were not used 
during the POR.

[[Page 67277]]

    A. Provision of Fertilizer and Machinery
    B. Provision of Credit
    C. Tax Exemptions
    D. Provision of Water and Irrigation Equipment
    E. Technical Support
    F. Duty Refunds on Imported Raw or Intermediate Materials Used in 
the Production of Export Goods
    G. Program to Improve Quality of Exports of Dried Fruit
    H. Iranian Export Guarantee Fund
    I. GOI Grants and Loans to Pistachio Farmers
    J. Crop Insurance for Pistachios

New Shipper Review Bona Fide Analysis

    Consistent with the Department's practice, we investigated the bona 
fide nature of the sales made by Ahmadi for this new shipper review. 
The Department reviewed import data provided by U.S. Customs and Border 
Protection (CBP), and compared the quantity and value of the only 
shipment by Ahmadi to the United States to imports of subject 
merchandise by other companies. We also reviewed information on the 
record with regard to the commercial legitimacy of Ahmadi, Kerman, and 
the unaffiliated sale in the United States. We find that there is 
nothing on the record to question the bona fides of Ahmadi's sale. 
Therefore, for purposes of these preliminary results of review, we are 
treating Ahmadi's sale of subject merchandise to the United States as 
bona fide for this new shipper review. See Memo to the file from Eric 
B. Greynolds, Program Manager, Office 3, Operations, entitled, 
``Preliminary Bona Fide Sales Analysis.''

Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we have calculated an 
individual subsidy rate for Ahmadi, the only producer/exporter subject 
to this proceeding, for the POR, i.e., calendar year 2006. We 
preliminarily determine that the total estimated net countervailable 
subsidy rate is 0.00 percent ad valorem.
    We intend to issue the following cash deposit requirements, 
effective upon publication of the notice of final results of review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication: (1) for 
merchandise produced and exported by Ahmadi, the cash deposit rate will 
be 0.00 percent, (2) the rate calculated for merchandise exported by 
Ahmadi but not produced by Ahmadi, the cash deposit rate will be the 
all-others rate established in the original CVD investigation (see 51 
FR 35679 (October 7, 1986)); (3) 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 (4) 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.
    If the final results of this review remain the same as these 
preliminary results, the Department intends to issue instructions to 
CBP 15 days after the date of publication of the final results of this 
review to liquidate without regard to countervailing duties all 
shipments of subject merchandise produced and exported by Ahmadi, 
entered, or withdrawn from warehouse, for consumption during the POR. 
Should the final results of this review remain the same as these 
preliminary results, the Department also will instruct CBP not to 
collect cash deposits of estimated countervailing duties on all 
shipments of the subject merchandise produced and exported by Ahmadi, 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this new shipper review.

Public Comment

    Pursuant to 19 CFR 351.224(b), the Department will disclose to 
parties to the proceeding any calculations performed in connection with 
these preliminary results within five days after the date of the public 
announcement of this notice. Pursuant to 19 CFR 351.309, interested 
parties may submit written comments in response to these preliminary 
results. Unless otherwise indicated by the Department, case briefs must 
be submitted within 30 days after the publication of these preliminary 
results. Rebuttal briefs, which are limited to arguments raised in case 
briefs, must be submitted no later than five days after the time limit 
for filing case briefs, unless otherwise specified by the Department. 
Parties who submit argument in this proceeding are requested to submit 
with the argument: (1) a statement of the issue, and (2) a brief 
summary of the argument. Parties submitting case and/or rebuttal briefs 
are requested to provide the Department copies of the public version on 
disk. Case and rebuttal briefs must be served on interested parties in 
accordance with 19 CFR 351.303(f). Also, pursuant to 19 CFR 351.310, 
within 30 days of the date of publication of this notice, interested 
parties may request a public hearing on arguments to be raised in the 
case and rebuttal briefs. Unless the Secretary specifies otherwise, the 
hearing, if requested, will be held two days after the date for 
submission of rebuttal briefs.
    Representatives of parties to the proceeding may request disclosure 
of proprietary information under administrative protective order no 
later than 10 days after the representative's client or employer 
becomes a party to the proceeding, but in no event later than the date 
the case briefs, under 19 CFR 351.309(c)(ii), are due. The Department 
will publish the final results of this administrative review, including 
the results of its analysis of issues raised in any case or rebuttal 
brief or at a hearing.
    This new shipper review and notice are issued and published in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19 
CFR 351.214(h) and 351.221(b)(4).

    Dated: November 20, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23142 Filed 11-27-07; 8:45 am]
BILLING CODE 3510-DS-S