[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Notices]
[Pages 9292-9293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3145]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-507-502]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY:  In response to a request from Cal Pure Pistachios, Inc. (Cal 
Pure), a domestic interested party, the Department of Commerce (the 
Department) initiated an administrative review of the antidumping duty 
order on certain in-shell raw pistachios (raw pistachios) from Iran. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24, 
2007). This review covers the period July 1, 2006, through June 30, 
2007. We are now rescinding this review due to Cal Pure's withdrawal of 
its request for review.

EFFECTIVE DATE: February 20, 2008.

FOR FURTHER INFORMATION CONTACT: Dena Crossland 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-
3362 or (202) 482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 17, 1986, the Department published in the Federal Register 
a notice of the antidumping duty order on raw pistachios from Iran. See 
Antidumping Duty Order; Certain In-Shell Pistachios from Iran, 51 FR 
25922 (July 17, 1986). On July 3, 2007, the Department published the 
opportunity to request an administrative review of the antidumping duty 
order on raw pistachios from Iran for the period July 1, 2006, through 
June 30, 2007. See Antidumping or Countervailing Duty Order, Finding, 
or Suspended Investigation; Opportunity to Request Administrative 
Review, 72 FR 36420 (July 3, 2007).
    In accordance with 19 CFR 351.213(b)(1), on July 24, 2007, Cal 
Pure, a domestic interested party, requested an administrative review 
of the sales of subject merchandise from Iran for the following 
companies: Ahmadi's Agricultural Production, Processing and Trade 
Complex (Ahmadi); Maghsoudi Farms (Maghsoudi); Rafsanjan Pistachio 
Producers Cooperative (RPPC); Razi Domghan Agricultural & Animal 
Husbandry Co. (Razi); and Tehran Negah Nima Trading Company Inc. 
(Nima). On August 24, 2007, the Department published in the Federal 
Register a notice of initiation of this antidumping duty administrative 
review covering the period July 1, 2006, through June 30, 2007. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24, 
2007).
    On September 10, 2007, the Department issued its antidumping duty 
questionnaire to Ahmadi, Maghsoudi, Nima, Razi, and RPPC. On September 
26, 2007, a former representative on behalf of RPPC notified the 
Department that it was no longer representing RPPC and provided a new 
mailing address for RPPC. On September 28, 2007, the Department sent 
RPPC the original questionnaire to the new mailing address in Iran. See 
Memorandum to the File from Judy Lao, Analyst, through Angelica 
Mendoza, Program Manager, dated October 3, 2007. On October 4, 2007, 
the representative for Maghsoudi, Nima, and Razi informed the 
Department that it would not be filing responses to the Department's 
questionnaire as Maghsoudi, Nima, and Razi did not export or ship 
subject merchandise during the period of review (POR). See Memorandum 
to the File from Judy Lao, Analyst, through Angelica Mendoza, Program 
Manager, dated October 12, 2007. On October 5, 2007, the Department 
received notice that the RPPC did not receive the antidumping 
questionnaire, and re-sent the original questionnaire, and changed the 
due dates for RPPC's responses, after revising the shipping 
information. See Memorandum to the File from Judy Lao, Analyst, through 
Angelica Mendoza, Program Manager, dated October 9, 2007. On October 
10, 2007, Ahmadi's representative informed the Department that it would 
not be filing responses to the Department's questionnaire as it did not 
export or ship subject merchandise during the POR. See Letter from 
Ahmadi's Agricultural Production, Processing and Trade Complex, dated

[[Page 9293]]

October 10, 2007. On November 2, 2007, the Department sent a letter to 
RPPC because it had not responded to section A of the Department's 
antidumping questionnaire by the October 25, 2007, deadline. In the 
November, 2, 2007, letter, the Department instructed RPPC to notify the 
Department if it did not have any U.S. sales or shipments during the 
POR, or to submit its section A questionnaire response by November 9, 
2007. The Department did not receive a reply from RPPC.
    On November 30, 2007, 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 raw pistachios from Iran produced 
and/or exported by Ahmadi, Maghsoudi, Nima, or Razi during the POR of 
the instant review. CBP only responds to the Department's inquiry when 
CBP finds that there have been shipments. CBP did not respond to the 
Department's inquiry, and no party submitted comments. See Memorandum 
to the File Regarding Ahmadi's Agricultural Production, Processing and 
Trade Complex; Maghsoudi Farms; Razi Domghan Agricultural and Animal 
Husbandry Co.; and Tehran Negah Nima Trading Company Inc. No Shipments 
of Certain In-Shell Raw Pistachios from Iran Pursuant to U.S. Customs 
and Border Protection Inquiry, from Dena Crossland, Analyst, through 
Angelica L. Mendoza, Program Manager, dated January 2, 2008.
    On January 14, 2008, Cal Pure withdrew its request for review with 
respect to Ahmadi, Maghsoudi, Nima, Razi, and RPPC.

Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review under this section, in whole or in part, if a 
party that requested a review withdraws the request within 90 days of 
the date of publication of the notice of initiation of the requested 
review. The Secretary may extend this time limit if the Secretary 
decides that it is reasonable to do so. See 19 CFR 351.213(d)(1). 
Although Cal Pure's withdrew its request for review after 90 days of 
the date of publication of the notice of initiation, the Department 
determines it is reasonable under these circumstances to accept the 
request. Specifically, no party has objected to Cal Pures' late 
withdrawal and the Department has not expended significant resources to 
date in conducting this review.
    Therefore, in response to Cal Pure's withdrawal of its request for 
administrative reviews pursuant to 19 CFR 351.213(d)(1), the Department 
hereby rescinds the administrative review of the antidumping duty order 
on raw pistachios from Iran for the period June 1, 2006, through July 
31, 2007. The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of this rescission of 
administrative review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). See Antidumping and Countervailing Duty 
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003). This clarification will apply to entries of subject merchandise 
during the POR produced by any of the companies for which we are 
rescinding this review, and for which each no-shipment respondent did 
not know its merchandise would be exported by another company to the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
    This notice 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 the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: February 11, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-3145 Filed 2-19-08; 8:45 am]
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