Certain In-shell Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review, 37056-37057 [E6-10223]

Download as PDF 37056 Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices Dated: June 21, 2006. David M. Spooner, Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Decision Memorandum Comment 1. SLK: Partial Facts Available for Missing Factors of Production Comment 2. SLK: Partial Facts Available for Missing Purchase Quantities Comment 3. SLK: By–product Offset for Scrap Comment 4. SLK: By–Product Offset for SLK’s Supplier Comment 5. SLK: Double Counting of Steel Scrap and Pig Iron Comment 6. SLK: Application of Average Packing FOP Comment 7. SLK: Calculation of Total U.S. Price Comment 8. SLK: Use of Most Recently Submitted Data Comment 9. SLK: Treatment of U.S. Warehousing Expense Comment 10. Pannext: FOP Data Comment 11. Pannext: Treatment of Ocean Freight Comment 12. Pannext: Calculation of Entered Value Comment 13. Pannext: Calculation of Normal Value Using Facts Available Comment 14. Chengde: Adverse Facts Available Comment 15. Chengde: Recycled Scrap Comment 16. Treatment of Steel Sand, Woven Bags, Cooling Liquid, Clay, Firewood, and Silicon Sand Comment 17. Freight: Application of Sigma Rule Comment 18. Valuation of Water Comment 19. Wooden Pallet Clerical Error [FR Doc. E6–10219 Filed 6–28–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–507–501) Certain In–shell Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 22, 2006, the Department of Commerce (the Department) published in the Federal Register its preliminary results in the countervailing duty (CVD) administrative review of certain in–shell pistachios from Iran. See Certain In– shell Pistachios from the Islamic jlentini on PROD1PC65 with NOTICES AGENCY: VerDate Aug<31>2005 17:03 Jun 28, 2006 Jkt 208001 Republic of Iran: Preliminary Results of Countervailing Duty Administrative Review, 71 FR 9091 (Preliminary Results). The Department has now completed this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Based on information received since the Preliminary Results and our analysis of the comments received, the Department has not revised the net subsidy rate for Tehran Negah Nima Trading Company, Inc., trading as Nima Trading Company (Nima), the respondent company in this proceeding. For further discussion of our positions, 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 Administrative Review: Certain In–shell Pistachios from the Islamic Republic of Iran’’ (Decision Memorandum) dated June 22, 2006. The final net subsidy rate for the reviewed company is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: June 29, 2006. FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2786. SUPPLEMENTARY INFORMATION: Background On November 7, 2005, the Department published in the Federal Register its Preliminary Results. We invited interested parties to comment on these results. Since the preliminary results, we received case briefs from petitioners1 on March 24, 2006. Neither Nima nor the Government of Iran (GOI) submitted a brief. In accordance with 19 CFR 351.213(b), this administrative review covers only those producers or exporters for which a review was specifically requested. Accordingly, this administrative review covers Nima for the period of review (POR) January 1, 2004, through December 31, 2004. Scope of the Order For purposes of this order, the product covered is in–shell pistachio nuts from which the hulls have been removed, leaving the inner hard shells and edible meat, as currently 1 Petitioners include the California Pistachios Commission (CPC) and its members and a domestic interested party, Cal Pure Pistachios, Inc. (Cal Pure). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 classifiable in the Harmonized Tariff Schedules of the United States (HTSUS) under item number 0802.50.20.00. The HTSUS subheading is provided for convenience and customs purposes. The written description of the scope 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 Decision Memorandum, 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 B–099 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. Use of Facts Available The Department has concluded that the GOI and Nima did not act to the best of their abilities in providing responses to the Department, in accordance with sections 776(a) and 776(b) of the Act. Specifically, neither the GOI nor Nima submitted questionnaire responses to the Department. By failing to respond to our questionnaire, Nima and the GOI have failed to provide information regarding subsidy programs in Iran, as well as Nima’s sales, in the manner explicitly requested by the Department. Therefore, we must resort to the facts otherwise available pursuant to section 776(a) of the Act. Furthermore, in selecting from among the facts available, the Department has determined that an adverse inference is warranted, pursuant to section 776(b) of the Act because, despite the Department’s efforts, Nima and the GOI did not respond to our questionnaires. In the instant case, the Department is relying on information from Final Affirmative Countervailing Duty Determination and Countervailing Duty Order: In–shell Pistachios from Iran, 51 FR 8344 (March 11, 1986) (In–shell Pistachios); Certain In–Shell Pistachios and Certain Roasted In–Shell Pistachios from the Islamic Republic of Iran: Final Results of New Shipper Countervailing Duty Reviews, 68 FR 4997 (January 31, 2003) (Pistachios New Shipper Reviews); and Certain In–shell Pistachios from the Islamic Republic of Iran: Final Results E:\FR\FM\29JNN1.SGM 29JNN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices of Countervailing Duty Administrative Review, 70 FR 54027 (September 13, 2005) (2003 In–shell Pistachios). If the Department relies on secondary information (e.g., data from a petition) as facts available, section 776(c) of the Act provides that the Department shall, ‘‘to the extent practicable,’’ corroborate such information using independent sources reasonably at its disposal.2 The SAA further provides that to corroborate secondary information means that the Department will satisfy itself that the secondary information to be used has probative value. See also 19 CFR 351.308(d) (describing the corroboration of secondary information). Thus, in those instances in which it determines to apply adverse facts available, the Department, in order to satisfy itself that such information has probative value, will examine, to the extent practicable, the reliability and relevance of the information used. However, unlike other types of information, such as publicly available data on the national inflation rate of a given country or national average interest rates, there typically are no independent sources for data on company–specific benefits resulting from countervailable subsidy programs. The only source for such information normally is administrative determinations. In the instant case, no evidence has been presented or obtained which contradicts the reliability of the evidence relied upon in previous segments of this proceeding. With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal as to whether there are circumstances that would render benefit data not relevant. Where circumstances indicate that the information is not appropriate as adverse facts available, the Department will not use it. See Fresh Cut Flowers from Mexico; Final Results of Antidumping Duty Administrative Review, 61 FR 6812 (February 22, 1996). In the instant case, no evidence has been presented or obtained which contradicts the relevance of the benefit data relied upon in previous segments of this proceeding. Thus, in the instant case, the Department finds that the information used has been corroborated to the extent practicable. For further discussion, see the ‘‘Use of Facts Available’’ section of the Decision Memorandum. 2 The Statement of Administrative Action accompanying the URAA clarifies that information from the petition is ‘‘secondary information.’’ See Statement of Administrative Action, URAA, H. Doc. No. 316, Vol. 1, 103d Cong. (1994) (SAA) at 870. VerDate Aug<31>2005 17:47 Jun 28, 2006 Jkt 208001 Final Results of Review In accordance with section 777A(e)(1) of the Act and 19 CFR 351.221(b)(5), we calculated an ad valorem subsidy rate for Nima, the only producer/exporter subject to this review, for the POR, calendar year 2004. Producer/Exporter Net Subsidy Rate 37057 with sections 751(a)(1), 751(a)(3) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: June 22, 2006. David M. Spooner, Assistant Secretary for Import Administration. Appendix I - Issues and Decision Memorandum Tehran Negah Nima Trading Company, Inc., trading as Nima Trading Company (Nima) ....................... I. Methodology and Background Information Use of Facts Available 71.10 percent ad II. Analysis of Programs valorem Programs Determined to Be Countervailable As Nima is the exporter but not the 1. Provision of Fertilizer and Machinery producer of subject merchandise, the 2. Provision of Credit Department’s final results of review 3. Tax Exemptions apply only to subject merchandise 4. Provision of Water and Irrigation exported by Nima and produced by any Equipment company which produces the subject 5. Technical Support merchandise. See 19 CFR 351.107(b) 6. Duty Refunds on Imported Raw or (providing that the Department may Intermediate Materials Used in the establish a combination rate for each Production of Export Goods combination of exporter and its 7. Program to Improve Quality of supplying producer). Exports of Dried Fruit Therefore, we will issue the following 8. Iranian Export Guarantee Fund cash deposit requirements, within 15 9. GOI Grants and Loans to Pistachio days of publication of the final results Farmers of the instant review, for all shipments 10. Crop Insurance for Pistachios of subject merchandise entered, or III. Total Ad Valorem Rate withdrawn from warehouse, for IV. Analysis of Comments consumption on or after the date of Comment 1: Combination Rate publication: (1) For merchandise exported by Nima, the cash deposit rate Comment 2: Additional Subsidy Programs will be 71.10 percent ad valorem, i.e., the rate calculated in the final results of [FR Doc. E6–10223 Filed 6–28–06; 8:45 am] BILLING CODE 3510–DS–S the instant administrative review; (2) if the exporter is not a firm covered in this review, a prior review, or the original DEPARTMENT OF COMMERCE CVD investigation, but the producer is, the cash deposit rate will be the rate National Oceanic and Atmospheric established for the most recent period Administration for the producer of the merchandise; and (3) if neither the exporter nor Evaluation of State Coastal producer is a firm covered in this Management Programs and National review, a prior review, or the original Estuarine Research Reserves investigation, the cash deposit rate will AGENCY: National Oceanic and continue to be 99.52 percent ad Atmospheric Administration (NOAA), valorem, the ‘‘All Others’’ rate from the Office of Ocean and Coastal Resource final determination in the original Management, National Ocean Service, investigation. Commerce. This notice also serves as a reminder to parties subject to administrative ACTION: Notice of Intent to Evaluate and protective order (APO) of their Notice of Availability of Final Findings. responsibility concerning the SUMMARY: The NOAA Office of Ocean disposition of proprietary information and Coastal Resource Management disclosed under APO in accordance (OCRM) announces its intent to evaluate with 19 CFR 351.305(a)(3). Timely the performances of the Old Woman written notification of return/ Creek (Ohio) National Estuarine destruction of APO materials or conversion to judicial protective order is Research Reserve, the Connecticut Coastal Management Program, and the hereby requested. Failure to comply with the regulations and the terms of an New Hampshire Coastal Management Program. APO is a sanctionable violation. This administrative review and notice The Coastal Zone Management are issued and published in accordance Program evaluations will be conducted PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Notices]
[Pages 37056-37057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10223]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-507-501)


Certain In-shell Pistachios from the Islamic Republic of Iran: 
Final Results of Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 22, 2006, the Department of Commerce (the 
Department) published in the Federal Register its preliminary results 
in the countervailing duty (CVD) administrative review of certain in-
shell pistachios from Iran. See Certain In-shell Pistachios from the 
Islamic Republic of Iran: Preliminary Results of Countervailing Duty 
Administrative Review, 71 FR 9091 (Preliminary Results). The Department 
has now completed this administrative review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).
    Based on information received since the Preliminary Results and our 
analysis of the comments received, the Department has not revised the 
net subsidy rate for Tehran Negah Nima Trading Company, Inc., trading 
as Nima Trading Company (Nima), the respondent company in this 
proceeding. For further discussion of our positions, 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 Administrative Review: Certain In-shell Pistachios 
from the Islamic Republic of Iran'' (Decision Memorandum) dated June 
22, 2006. The final net subsidy rate for the reviewed company is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: June 29, 2006.

FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 
3, Import Administration, U.S. Department of Commerce, Room 4014, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 2005, the Department published in the Federal 
Register its Preliminary Results. We invited interested parties to 
comment on these results. Since the preliminary results, we received 
case briefs from petitioners\1\ on March 24, 2006. Neither Nima nor the 
Government of Iran (GOI) submitted a brief.
---------------------------------------------------------------------------

    \1\ Petitioners include the California Pistachios Commission 
(CPC) and its members and a domestic interested party, Cal Pure 
Pistachios, Inc. (Cal Pure).
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.213(b), this administrative review 
covers only those producers or exporters for which a review was 
specifically requested. Accordingly, this administrative review covers 
Nima for the period of review (POR) January 1, 2004, through December 
31, 2004.

Scope of the Order

    For purposes of this order, the product covered is in-shell 
pistachio nuts from which the hulls have been removed, leaving the 
inner hard shells and edible meat, as currently classifiable in the 
Harmonized Tariff Schedules of the United States (HTSUS) under item 
number 0802.50.20.00. The HTSUS subheading is provided for convenience 
and customs purposes. The written description of the scope 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 Decision Memorandum, 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 B-099 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.

Use of Facts Available

    The Department has concluded that the GOI and Nima did not act to 
the best of their abilities in providing responses to the Department, 
in accordance with sections 776(a) and 776(b) of the Act. Specifically, 
neither the GOI nor Nima submitted questionnaire responses to the 
Department. By failing to respond to our questionnaire, Nima and the 
GOI have failed to provide information regarding subsidy programs in 
Iran, as well as Nima's sales, in the manner explicitly requested by 
the Department. Therefore, we must resort to the facts otherwise 
available pursuant to section 776(a) of the Act. Furthermore, in 
selecting from among the facts available, the Department has determined 
that an adverse inference is warranted, pursuant to section 776(b) of 
the Act because, despite the Department's efforts, Nima and the GOI did 
not respond to our questionnaires.
    In the instant case, the Department is relying on information from 
Final Affirmative Countervailing Duty Determination and Countervailing 
Duty Order: In-shell Pistachios from Iran, 51 FR 8344 (March 11, 1986) 
(In-shell Pistachios); Certain In-Shell Pistachios and Certain Roasted 
In-Shell Pistachios from the Islamic Republic of Iran: Final Results of 
New Shipper Countervailing Duty Reviews, 68 FR 4997 (January 31, 2003) 
(Pistachios New Shipper Reviews); and Certain In-shell Pistachios from 
the Islamic Republic of Iran: Final Results

[[Page 37057]]

of Countervailing Duty Administrative Review, 70 FR 54027 (September 
13, 2005) (2003 In-shell Pistachios).
    If the Department relies on secondary information (e.g., data from 
a petition) as facts available, section 776(c) of the Act provides that 
the Department shall, ``to the extent practicable,'' corroborate such 
information using independent sources reasonably at its disposal.\2\ 
The SAA further provides that to corroborate secondary information 
means that the Department will satisfy itself that the secondary 
information to be used has probative value. See also 19 CFR 351.308(d) 
(describing the corroboration of secondary information).
---------------------------------------------------------------------------

    \2\ The Statement of Administrative Action accompanying the URAA 
clarifies that information from the petition is ``secondary 
information.'' See Statement of Administrative Action, URAA, H. Doc. 
No. 316, Vol. 1, 103d Cong. (1994) (SAA) at 870.
---------------------------------------------------------------------------

    Thus, in those instances in which it determines to apply adverse 
facts available, the Department, in order to satisfy itself that such 
information has probative value, will examine, to the extent 
practicable, the reliability and relevance of the information used. 
However, unlike other types of information, such as publicly available 
data on the national inflation rate of a given country or national 
average interest rates, there typically are no independent sources for 
data on company-specific benefits resulting from countervailable 
subsidy programs. The only source for such information normally is 
administrative determinations. In the instant case, no evidence has 
been presented or obtained which contradicts the reliability of the 
evidence relied upon in previous segments of this proceeding.
    With respect to the relevance aspect of corroboration, the 
Department will consider information reasonably at its disposal as to 
whether there are circumstances that would render benefit data not 
relevant. Where circumstances indicate that the information is not 
appropriate as adverse facts available, the Department will not use it. 
See Fresh Cut Flowers from Mexico; Final Results of Antidumping Duty 
Administrative Review, 61 FR 6812 (February 22, 1996). In the instant 
case, no evidence has been presented or obtained which contradicts the 
relevance of the benefit data relied upon in previous segments of this 
proceeding. Thus, in the instant case, the Department finds that the 
information used has been corroborated to the extent practicable.
    For further discussion, see the ``Use of Facts Available'' section 
of the Decision Memorandum.

Final Results of Review

    In accordance with section 777A(e)(1) of the Act and 19 CFR 
351.221(b)(5), we calculated an ad valorem subsidy rate for Nima, the 
only producer/exporter subject to this review, for the POR, calendar 
year 2004.

------------------------------------------------------------------------
                  Producer/Exporter                    Net Subsidy Rate
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc., trading as     71.10 percent ad
 Nima Trading Company (Nima)........................             valorem
------------------------------------------------------------------------

    As Nima is the exporter but not the producer of subject 
merchandise, the Department's final results of review apply only to 
subject merchandise exported by Nima and produced by any company which 
produces the subject merchandise. See 19 CFR 351.107(b) (providing that 
the Department may establish a combination rate for each combination of 
exporter and its supplying producer).
    Therefore, we will issue the following cash deposit requirements, 
within 15 days of publication of the final results of the instant 
review, for all shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication: 
(1) For merchandise exported by Nima, the cash deposit rate will be 
71.10 percent ad valorem, i.e., the rate calculated in the final 
results of the instant administrative review; (2) if the exporter is 
not a firm covered in this review, a prior review, or the original CVD 
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 (3) if neither the exporter nor producer is a firm 
covered in this review, a prior review, or the original investigation, 
the cash deposit rate will continue to be 99.52 percent ad valorem, the 
``All Others'' rate from the final determination in the original 
investigation.
    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)(1), 751(a)(3) and 777(i)(1) of the Act 
and 19 CFR 351.221(b)(5).

    Dated: June 22, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I - Issues and Decision Memorandum

I. Methodology and Background Information
Use of Facts Available
II. Analysis of Programs
Programs Determined to Be Countervailable
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
III. Total Ad Valorem Rate
IV. Analysis of Comments
Comment 1: Combination Rate
Comment 2: Additional Subsidy Programs
[FR Doc. E6-10223 Filed 6-28-06; 8:45 am]
BILLING CODE 3510-DS-S