[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Notices]
[Page 57855]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc05-44]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-507-502]
Certain In-Shell Pistachios from Iran; Final Results of the
Expedited Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 1, 2005, the Department of Commerce (the Department)
initiated a sunset review of the antidumping duty order on certain in-
shell raw pistachios from Iran, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). On the basis of a notice of
intent to participate and an adequate substantive response filed on
behalf of domestic interested parties and an inadequate response from
respondent interested parties, the Department conducted an expedited
(120-day) sunset review. As a result of this sunset review, the
Department finds that revocation of the antidumping duty order would
likely lead to the continuation or recurrence of dumping. The dumping
margins are identified in the Final Results of Review section of this
notice.
EFFECTIVE DATE: October 4, 2005.
FOR FURTHER INFORMATION Dana Mermelstein, AD/CVD Operations, Office 6,
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) 482-1391 or (202) 482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2005, the Department initiated a sunset review of the
antidumping duty order on in-shell pistachios from Iran pursuant to
section 751(c) of the Act. See Initiation of Five-year (``Sunset'')
Reviews, 70 FR 9919 (March 1, 2005). The Department received notices of
intent to participate from two domestic interested parties, Cal-Pure
Pistachios, Inc. (Cal-Pure) and the California Pistachio Commission
(CPC) together with the Western Pistachio Association (WPA)
(collectively, domestic interested parties), within the deadline
specified in 19 CFR 351.218(d)(1)(i). Domestic interested parties
claimed interested party status under sections 771(9)(C), (E) and (F)
of the Act as U.S. producers of the domestic like product, trade or
business associations, a majority of whose members produce the domestic
like product, and associations, a majority of whose members is composed
of interested parties. We received complete substantive responses from
one domestic interested party, CPC/WPA, within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(I). The Department also received a
response from Rafsanjan Pistachio Producers Cooperative (RPPC), a
respondent interested party. However, the Department determined that
the response from RPPC was inadequate. The Department notified the
International Trade Commission (ITC) in writing of its finding of
inadequate response and intention to conduct an expedited sunset
review. See Letter from Kelly Parkhill, Director, Industry Support &
Analysis, Office of Policy, Import Administration, to Robert Carpenter,
Director, Office of Investigations, International Trade Commission,
dated April 20, 2005. As a result, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an
expedited sunset review of this order.
Scope of the Order
The product covered by the antidumping duty order is raw, in-shell
pistachio nuts from which the hulls have been removed, leaving the
inner hard shells, and edible meats from Iran. This merchandise is
currently provided for in subheading 0802.50.20.00 of the Harmonized
Tariff Schedule of the United States (HTSUS). Although the HTSUS
subheading is provided for convenience and customs purposes, the
Department's written description of the merchandise under order is
dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
``Issues and Decision Memorandum'' from Barbara E. Tillman, Acting
Deputy Assistant Secretary for Import Administration, to Holly A. Kuga,
Acting Assistant Secretary for Import Administration, dated September
27, 2005, (``Decision Memorandum''), which is hereby adopted by this
notice. The issues discussed in the Decision Memorandum include the
likelihood of continuation or recurrence of dumping and the magnitude
of the margin likely to prevail if the order were revoked. Parties can
find a complete discussion of all issues raised in this sunset review
and the corresponding recommendations in this public memorandum, which
is on file in room B-099 of the main Department building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html.
The paper copy and electronic version of the Decision Memorandum are
identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order on in-
shell pistachios from Iran would likely lead to continuation or
recurrence of dumping at the following percentage weighted-average
margins:
------------------------------------------------------------------------
Weighted-
Manufacturers/Exporters/Producers Average Margin
(Percent)
------------------------------------------------------------------------
RPPC................................................... 241.14
Nima/Maghsoudi......................................... 241.14
Nima/Razi.............................................. 241.14
All Other Iranian Growers/Producers and Exporters...... 241.14
------------------------------------------------------------------------
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305 of the
Department's regulations. Timely 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 violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: September 27, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-19883 Filed 10-3-05; 8:45 am]
BILLING CODE 3510-DS-S