Final Results of Antidumping Duty Administrative Review: Certain In-Shell Raw Pistachios From Iran, 7470-7471 [E5-596]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Notices]
[Pages 7470-7471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-596]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-507-502]


Final Results of Antidumping Duty Administrative Review: Certain 
In-Shell Raw Pistachios From Iran

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 9, 2004, the U.S. Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping order covering certain in-shell raw 
pistachios from Iran. See Preliminary Results of Antidumping Duty 
Administrative Review: Certain In-Shell Raw Pistachios from Iran, 69 FR 
48197 (August 9, 2004) (Preliminary Results). The product covered by 
this order is certain in-shell raw pistachios (pistachios) from Iran as 
described in the ``Scope of the Review'' section of the Federal 
Register notice. The period of review (POR) is July 1, 2002, through 
June 30, 2003. We invited parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we have made 
changes to the margin calculation. Therefore, the final results differ 
from the Preliminary Results. The final weighted-average dumping margin 
for the reviewed firm and the producer of the merchandise is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: February 14, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at (202) 482-3019, 
AD/CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    This review covers sales of pistachios to the United States made by 
Tehran Negah Nima Trading Company, Inc., trading as Nima Trading 
Company (Nima).
    In response to our request for written comments and any additional 
documentary evidence regarding whether or not, Nima's supplier of 
pistachios, Razi Domghan Agricultural and Animal Husbandry Company 
(Razi) did or did not have knowledge that the goods in question were 
destined for the United States at the time of the sale, on August 23, 
2004, we received comments from only one party, Nima. On September 3, 
2004, in a memorandum to the file, the Department discussed several 
inadvertent calculation errors in its preliminary margin calculation 
that it intended to correct for purposes of these final results. See 
Memorandum to the File through Richard O. Weible, Director, Intended 
Correction to the Preliminary Margin Calculation, dated September 3, 
2004 (Prelim Correction Memo).
    On September 8, 2004, the California Pistachio Commission (CPC or 
petitioner) and Cal Pure Pistachios, Inc. (Cal Pure), an interested 
party to the instant proceeding, requested a public hearing. On 
September 16, 2004, in response to our Preliminary Results, we received 
case briefs from Nima, CPC, and Cal Pure. All parties submitted 
rebuttal briefs on September 22, 2004. We held a public hearing on 
October 1, 2004. See Hearing Transcript, Pistachios from Iran, dated 
October 1, 2004.
    On November 26, 2004, the Department extended fully the time limit, 
from December 7, 2004, until no later than February 7, 2005, for the 
final results of the instant administrative review. See Certain In-
Shell Raw Pistachios from Iran: Extension of Time Limit for Final 
Results of Antidumping Duty Administrative Review, 69 FR 70123 
(December 2, 2004).

Scope of the Review

    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 case and rebuttal briefs submitted by parties 
to this administrative review are addressed in the ``Issues and 
Decision Memorandum'' (Decision Memo) from Barbara E. Tillman, Acting 
Deputy Assistant Secretary for Import Administration to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
February 7, 2005, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memo, is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues raised 
in this 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 Memo can be 
accessed directly on the Internet at https://www.ia.ita.doc.gov. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes to 
Nima's margin calculation. The changes are listed below:
    1. We applied a profit rate to the producer's, Razi's, cost of 
production based on Razi's actual profit rate for home market sales 
during the POR. For purposes of calculating a profit margin for Nima, 
we used the profit rate from an Iranian pistachio trader, i.e., Fallah, 
which resold pistachios in Iran during a prior proceeding (i.e., Nima's 
new shipper review). See Memorandum from

[[Page 7471]]

Gina K. Lee through Michael P. Martin to Neal M. Halper, Constructed 
Value Adjustments for Final Results, dated February 7, 2005 (CV Final 
Memo).
    2. For purposes of calculating constructed value, we used Nima's 
adjusted U.S. indirect selling expenses as a proxy for home market 
indirect selling expenses. See Nima's December 4, 2003, supplemental 
section A and C questionnaire response (Nima's SQR). See also 
Memorandum to the File, through Abdelali Elouaradia, Program Manager, 
Analysis Memorandum for the Final Results of Administrative Review of 
the Antidumping Duty Order on Certain In-Shell Raw Pistachios from 
Iran: Tehran Negah Nima Trading Company, Inc., dated February 7, 2005 
(Final Analysis Memo), at Attachments 1 and 2.
    3. We corrected certain ministerial errors alleged by petitioner 
and Cal Pure (i.e., calculation of Nima's U.S. imputed credit expenses 
and foreign unit price in U.S. dollars). See Final Analysis Memo at 
Attachment 1.
    4. We treated Nima's warehousing expenses (i.e., 60,000 Rials) as 
direct expenses and, as such, have included these expenses in our 
calculation of Nima's foreign movement expenses. Upon further review of 
Nima's questionnaire responses, we find that Nima did incur and pay for 
warehousing expenses. See Nima's SQR at Exhibit 4.1. See also Final 
Analysis Memo at Attachment 1.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average dumping margin for the exporter/producer combination 
named below exists for the POR: \1\
---------------------------------------------------------------------------

    \1\ For purposes of these final results, the Department has 
determined to apply the weighted-average dumping cash deposit rates 
to subject merchandise exported by Nima and produced by Razi. See 
accompanying Decision Memo at Comment 2.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                          margin
                                                              (percent)
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc./Razi Domghan               18.74
 Agricultural and Animal Husbandry Company.................
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated 
exporter/importer-specific assessment rates. To calculate these rates, 
we divided the total dumping margins for the reviewed sales by the 
total entered value of those reviewed sales for each importer. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review. We 
will direct CBP to assess the appropriate assessment rate against the 
entered CBP values for the subject merchandise on each of the 
importer's entries under the relevant order during the POR.

Cash Deposit Requirements

    As Nima is the exporter but not the producer of subject 
merchandise, the Department's final results of review will apply to 
subject merchandise exported by Nima and produced by Razi. See 19 CFR 
351.107(b). See also accompanying Decision Memo at Comment 2. 
Therefore, the following deposit requirements will be effective upon 
publication of this 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 the 
merchandise exported by Nima and produced by Razi, the cash deposit 
rate will be 18.74 percent; (2) for the merchandise exported by Nima 
and produced by Maghsoudi Farms, the cash deposit rate will be 144.05 
percent; (3) for subject merchandise exported by Nima but not produced 
by Razi or Maghsoudi Farms, the cash deposit rate will be the ``all 
others'' rate established in the original less than fair value (LTFV) 
investigation (see 51 FR 25922 (July 17, 1986)); (4) if the exporter is 
not a firm covered in this review, a prior review, or the original LTFV 
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 (5) 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 184.28 percent. This rate is the ``All Others'' 
rate from the final determination in the LTFV investigations, which 
reflects the amount of export subsidies found in the final 
countervailing duty determination in the investigation subtracted from 
the dumping margin found in the LTFV determination. See Certain In-
Shell Raw Pistachios: Final Determination of Sales at Less Than Fair 
Value, 51 FR 18919 (May 23, 1986); and Final Affirmative Countervailing 
Duty Determination and Countervailing Duty Order; In-Shell Raw 
Pistachios from Iran, 51 FR 8344 (March 11, 1986). These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping or countervailing duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a 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. 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 violation which is 
subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. Razi Domghan Agricultural and Animal Husbandry Company's 
Knowledge of the U.S. Sale of Pistachios
2. Application of Combination Rate for Tehran Negah Nima Trading 
Company, Inc.'s U.S. Sales of Pistachios Produced by Razi Domghan 
Agricultural and Animal Husbandry Company
3. Bona Fides of Tehran Negah Nima Trading Company, Inc.'s U.S. Sale
4. Calculation and Application of Constructed Value Profit
5. Application of Total Adverse Facts Available
6. Ministerial Error Allegations Relating to the Calculation of 
Nima's Indirect Selling and Credit Expenses, and Foreign Unit Price 
in U.S. Dollars
[FR Doc. E5-596 Filed 2-11-05; 8:45 am]
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