Certain In-Shell Pistachios from Iran; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 57855 [05-19883]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Notices]
[Page 57855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19883]


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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 https://ia.ita.doc.gov/frn/. 
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