[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Notices]
[Pages 9993-9994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3511]


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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 New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 28, 2007, the Department of Commerce (the 
Department) published in the Federal Register its preliminary results 
in the countervailing duty (CVD) new shipper 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 New Shipper Review, 72 FR 67276 (Preliminary 
Results). The Department has now completed this new shipper review in 
accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act).
    Based on our analysis of the comments received, the Department has 
not revised the net subsidy rate for Ahmadi's Agricultural Productions, 
Processing and Trade Complex (Ahmadi), the respondent company in this 
proceeding. The final net subsidy rate for the reviewed company is 
listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: February 25, 2008.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD 
Operations, Office 3, Import Administration, U.S. Department of 
Commerce, Room 4225, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4161.

SUPPLEMENTARY INFORMATION:

Background

    On November 28, 2007, 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 December 28, 2007, we received case briefs from petitioners.\1\ 
In response to a request from the Department, CalPure submitted a 
revised case brief on January 15, 2008. A hearing was held in response 
to a request from CalPure on January 17, 2008.
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    \1\ Petitioners include the Western Pistachio Association (WPA) 
and its members and a domestic interested party, Cal Pure 
Pistachios, Inc. (Cal Pure).
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    In accordance with 19 CFR 351.214(b), this new shipper review 
covers only those producers or exporters for which a review was 
specifically requested. Accordingly, this new shipper review covers 
Ahmadi and ten programs for the period of review January 1, 2006, 
through December 31, 2006.

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 ``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 New Shipper Review: Certain In-shell Roasted Pistachios from the 
Islamic Republic of Iran'' (Decision Memorandum), dated February 19, 
2008, 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 1117 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, 19 CFR 
351.221(b)(5), and 19 CFR 351.214(i), we calculated an ad valorem 
subsidy rate for Ahmadi for calendar year 2006.

------------------------------------------------------------------------
                                                             Net Subsidy
                     Producer/Exporter                           Rate
------------------------------------------------------------------------
Ahmadi's Agricultural Productions, Processing and Trade             0.00
 Complex (Ahmadi)..........................................   percent ad
                                                                 valorem
------------------------------------------------------------------------

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of the final results of this new shipper review to 
liquidate shipments of subject merchandise by Ahmadi entered, or 
withdrawn from warehouse, for consumption on or after January 1, 2006, 
through December 31, 2006, without regard to countervailing duties 
because a zero percent subsidy rate was calculated.
    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of subject merchandise from Ahmadi entered or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise produced and exported by Ahmadi, the cash deposit rate will 
be zero; (2) for subject merchandise produced by Ahmadi but not 
exported by Ahmadi, the cash deposit rate will continue to be the all-
others rate (i.e., 317.89 percent ad valorem); and (3) for subject 
merchandise exported by Ahmadi but not produced by Ahmadi, the cash 
deposit rate will continue to be the all-others rate (i.e., 317.89 
percent ad valorem). The cash deposit rate for all other producers and/
or exporters is not effected by these final results.
    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)(2)(C), 751(a)(3) and 777(i)(1) of the 
Act and 19 CFR 351.221(b)(5).


[[Page 9994]]


    Dated: February 19, 2008.
David M. Spooner,
Assistant Secretary for 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: Whether Ahmadi's Sale of Subject Merchandise Constitutes a 
Bona Fide Sale
Comment 2: Whether the Department Should Assign an Adverse Facts 
Available Net Subsidy Rate to Ahmadi Because of the GOI's Failure to 
Cooperate with the Department By Providing Incomplete Questionnaire 
Responses
Comment 3: Whether the Department Should Assign an Adverse Facts 
Available Net Subsidy Rate to Ahmadi on the Grounds That it Failed to 
Respond to the Department's Questionnaires to the Best of its Ability
Comment 4: Whether the All-Others Rate Stated in the Preliminary 
Results Is Inaccurate and Should Be Corrected
[FR Doc. E8-3511 Filed 2-22-08; 8:45 am]
BILLING CODE 3510-DS-S