[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51857-51858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18673]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-507-502]


Certain In-Shell (Raw) Pistachios From the Islamic Republic of 
Iran: Final Results of the Expedited Sunset Review of the Antidumping 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Effective August 5, 2016.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(the Department) finds that revocation of the antidumping duty order on 
certain in-shell (raw) pistachios (pistachios) from the Islamic 
Republic of (Iran) would be likely to lead to continuation or 
recurrence of dumping at the rates identified in the ``Final Results of 
Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Madeline 
Heeren, AD/CVD Operations, Offices VII and VI, respectively, 
Enforcement and Compliance, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255 and (202) 482-9179, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on pistachios 
from Iran on July 17, 1986.\1\ On April 1, 2016, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act), the Department 
initiated a sunset review of the antidumping duty order on pistachios 
from Iran.\2\ On April 11, 2016, and April 13, 2016, the Department 
received notices of intent to participate from Wonderful Pistachios & 
Almonds LLC (WP&A) and American Pistachio Growers (APG), respectively 
(collectively, the Domestic Interested Parties), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The Domestic Interested Parties 
are manufacturers of a domestic like product in the United States and, 
accordingly, are domestic interested parties pursuant to section 
771(9)(C) of the Act.
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    \1\ See Antidumping Duty Order; Certain In-Shell Pistachios from 
Iran, 51 FR 25922 (July 17, 1986) (Iran Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 18829 
(April 1, 2016) (Sunset Initiation).
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    On April 29, 2016, and May 2, 2016, the Department received an 
adequate substantive response to the notice of initiation from WP&A and 
APG, respectively, within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive any timely filed 
responses from the respondent interested parties, i.e., pistachio 
producers and exporters from Iran. The Department did receive an 
untimely substantive response from Tehran Negah Nima, trading as Nima 
Trading Company (Nima). As this response was untimely, the Department 
rejected the submission.\3\ On the basis of the notices of intent to 
participate and adequate substantive responses filed by the Domestic 
Interested Parties and the inadequate response from any respondent 
interested party, the Department conducted an expedited sunset review 
of the order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C).
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    \3\ See the memorandum to the file from Madeline Heeren 
entitled, ``Request to Take Action on Certain Barcodes,'' dated May 
17, 2016 (Rejection Memo); see also letter from the Department to 
Nima, dated May 17, 2016 (Rejection Letter).
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Scope of the Order

    The products covered by the order are raw,\4\ in-shell pistachio 
nuts from which the hulls have been removed, leaving the inner hard 
shells, and edible meats from Iran. This merchandise is provided for in 
subheading 0802.51.00.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.
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    \4\ See Certain In-Shell Pistachios From Iran; Clarification of 
Scope in Antidumping Duty Investigation, 51 FR 23254 (June 26, 
1986).
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Analysis of Comments Received

    The issues discussed in the Decision Memorandum \5\ are the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins of dumping likely to prevail if this order was revoked. 
Parties can find a complete discussion of all issues raised in this 
review, and the corresponding recommendations, in the Decision 
Memorandum which is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit in room B8024 of the main Commerce building. In addition, 
a complete version of the Decision Memorandum can be accessed directly 
on the Internet at http://trade.gov/enforcement/. The signed Decision 
Memorandum and electronic versions of the Decision Memorandum are 
identical in content.
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    \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Counter vailing Duty 
Operations, titled ``Issues and Decision Memorandum for the 
Expedited Sunset Review of the Antidumping Duty Order on Certain In-
Shell (Raw) Pistachios from the Islamic Republic of Iran; Final 
Results,'' dated concurrently with this notice (Decision 
Memorandum).
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Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order of pistachios from Iran 
would be likely to lead to continuation or recurrence of dumping at 
weighted average margins up to the following:

------------------------------------------------------------------------
                                                              Margin
                    Exporter/producer                        (percent)
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Rafsanjan Pistachios Cooperative........................          241.14
Tehran Negah Nima Trading Company, Inc./Maghsoudi Farms.          241.14
Tehran Negah Nima Trading Company, Inc./Razi Domghan              241.14
 Agricultural and Animal Husbandry Company..............
All-Others Rate.........................................          241.14
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[[Page 51858]]

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return of 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 violation which is 
subject to sanction.
    The Department is issuing and publishing these final results and 
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: July 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-18673 Filed 8-4-16; 8:45 am]
 BILLING CODE 3510-DS-P