Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review, 66165-66167 [E6-19108]

Download as PDF Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices CBP to liquidate, without regard to antidumping duties, shipments of corrosion–resistant steel meeting the specifications of the product in question entered, or withdrawn from warehouse, for consumption on or after August 1, 2005. We will also instruct CBP to pay interest on such refunds in accordance with section 778 of the Act and 19 CFR 351.222(g)(4). This changed circumstance review, partial revocation of antidumping duty order, and notice are in accordance with sections 751(b) and (d), 782(h) and 777(i)(1) of the Act and section 351.216(e) and 351.222(g)(3)(vii) of the Department’s regulations. Dated: November 6, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–19109 Filed 11–9–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–863] Honey from the People’s Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review and New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 13, 2006. FOR FURTHER INFORMATION CONTACT: Helen Kramer or Judy Lao, 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: 202–482–0405 and 202–482– 7924, respectively. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with NOTICES AGENCY: Background On January 31, 2006, the Department of Commerce (‘‘the Department’’) published the initiation of its new shipper antidumping duty reviews of honey from the People’s Republic of China (‘‘PRC’’) for four companies, covering the period of December 1, 2004, through November 30, 2005. See Honey from the People’s Republic of China: Notice of Initiation of New Shipper Antidumping Duty Reviews, 71 FR 5051 (January 31, 2006). On February 1, 2006, the Department published the initiation of the administrative review of the antidumping duty order on honey from VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 the PRC covering the period December 1, 2004, through November 30, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Review and Request for Revocation in Part, 71 FR 5241 (February 1, 2006). On July 3, 2006, the Department extended the preliminary results for the new shipper review by 120 days. See Honey from the People’s Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the New Shipper Review, 71 FR 37904 (July 3, 2006). On July 12, 2006, Tianjin Eulia Honey Co., Ltd., one of the new shipper companies in this proceeding, withdrew its request for a new shipper review. The Department rescinded the review for Tianjin Eulia Honey Co., Ltd. on July 31, 2006. See Honey from the People’s Republic of China: Notice of Rescission of Antidumping Duty New Shipper Review, 71 FR 43110 (July 31, 2006). On August 16, 2006, the Department extended the preliminary results for the administrative review by 80 days. See Honey from the People’s Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review, 71 FR 47170 (August 16, 2006). The preliminary results for the new shipper reviews and the administrative review are currently due no later than November 21, 2006. On October 25, 2006, the Department received a letter from counsel to Inner Mongolia Altin Bee–Keeping Co., Ltd., Dongtai Peak Honey Industry Co., Ltd, and Qinhuangdao Municipal Dafeng Industrial Co., Ltd. agreeing to waive the new shipper time limits in accordance with 19 CFR § 351.214(j)(3). Therefore, in accordance with 19 CFR § 351.214(j)(3), on October 25, 2006, the Department acknowledged respondents’ waiver of the new shipper review time limits and aligned the new shipper reviews with the administrative review. See Department’s Memo to All Interested Parties dated October 25, 2006, in which the Department acknowledged that all three remaining new shipper companies waived the new shipper time limits, and the Department aligned the current new shipper reviews with the current administrative review. Extension of Time Limit for Preliminary Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides that the PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 66165 Department may extend that 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. See section 751(a)(3)(A) of the Act. Completion of the preliminary results for the administrative review within the 245-day period is not practicable. The administrative review and new shipper review cover six companies involving complex issues regarding surrogate values. The Department is also required to gather and analyze a significant amount of information pertaining to each company’s sales and production processes. Additionally, the Department only recently received information on appropriate surrogate values from both respondents and petitioners. See Submission from Petitioners re: Surrogate Values for the Factors of Production in the 8th New Shipper Administrative Review of the Antidumping Duty Order for Honey from the PRC, dated September 22, 2006; see also Submission from Respondents regarding Surrogate Values, dated September 20, 2006; see also Rebuttal Comments from Petitioners and Respondents on Proposed Surrogate Value Data, dated October 10, 2006, and October 12, 2006, respectively. The Department requires further time to review the data contained in these submissions for consideration in the preliminary results of these new shipper and administrative reviews. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the preliminary results of this review by 30 days, until December 21, 2006. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: November 3, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–19113 Filed 11–9–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–507–601] Certain In–shell Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 7, 2006, the Department of Commerce (the AGENCY: E:\FR\FM\13NON1.SGM 13NON1 66166 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices Department) published the preliminary results in the countervailing duty (CVD) administrative review of certain in–shell roasted pistachios from Iran. 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. The final net subsidy rate for the reviewed company is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: November 13, 2006. FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4012, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–2786. SUPPLEMENTARY INFORMATION: Background On July 7, 2006, the Department published in the Federal Register the preliminary results in the CVD review of certain in–shell roasted pistachios from Iran. See Certain In–shell Roasted Pistachios from the Islamic Republic of Iran: Preliminary Results of Countervailing Duty Administrative Review, 71 FR 38622 (July 7, 2006) (Preliminary Results). We invited interested parties to comment on these results. Since the preliminary results, we received case briefs from petitioner1 and from a domestic interested party2 on August 7, 2006. Neither Nima nor the Government of Iran (GOI) submitted a case or rebuttal 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. cprice-sewell on PROD1PC66 with NOTICES Scope of the Order The product covered by this order is all roasted in–shell pistachio nuts, whether roasted in Iran or elsewhere, from which the hull has been removed, leaving the inner hard shells and the edible meat, as currently classifiable in 1 The California Pistachio Commission (CPC) and its members. 2 Cal Pure Pistachios, Inc. (Cal Pure). VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 the Harmonized Tariff Schedule of the United States (HTSUS) under item number 0802.50.20.00. The written description of the scope of this proceeding 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 ‘‘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 Roasted Pistachios from the Islamic Republic of Iran’’ (Decision Memorandum) dated November 6, 2006, which is hereby adopted by this notice. A listing of the issues that parties raised and to which we have responded, included 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 https://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, and regarding 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 questionnaire and requests for information. In the instant case, the Department is relying on information from Final Affirmative Countervailing Duty Determination and Countervailing Duty Order: Roasted In–Shell Pistachios from PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Iran, 51 FR 35679 (October 7, 1986) (Roasted 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 Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review, 71 FR 27682 (May 12, 2006) (2003 Roasted 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.3 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. With regard to the reliability aspect of corroboration, 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 3 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. E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices 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 sections 777A(e)(1) and 751(a)(1)(A) 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 cprice-sewell on PROD1PC66 with NOTICES Tehran Negah Nima Trading Company, Inc., trading as Nima Trading Company (Nima) ............................... Net Subsidy Rate 66.50 percent ad 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 66.50 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 the producer is a firm covered in this review, a prior review, or the original investigation, the cash deposit rate will continue to be 317.89 percent ad valorem, the ‘‘All Others’’ rate from the final determination in the original investigation. We will also issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review. VerDate Aug<31>2005 15:22 Nov 09, 2006 Jkt 211001 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: November 6, 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: Adverse Facts Available Rate Comment 2: Additional Subsidy Programs [FR Doc. E6–19108 Filed 11–9–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings Import Administration, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 66167 EFFECTIVE DATE: November SUMMARY: The Department 13, 2006. of Commerce (the Department) hereby publishes a list of scope rulings completed between July 1, 2006, and September 30, 2006. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of September 30, 2006. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Alice Gibbons, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0498. SUPPLEMENTARY INFORMATION: Background The Department’s regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis. See 19 CFR 351.225(o). Our most recent ‘‘Notice of Scope Rulings’’ was published on July 28, 2006. See 71 FR 42807. The instant notice covers all scope rulings and anticircumvention determinations completed by Import Administration between July 1, 2006, and September 30, 2006, inclusive. It also lists any scope or anticircumvention inquiries pending as of September 30, 2006, as well as scope rulings inadvertently omitted from prior published lists. As described below, subsequent lists will follow after the close of each calendar quarter. Scope Rulings Completed Between July 1, 2006 and September 30, 2006: People’s Republic of China A–570–502: Iron Construction Castings from the People’s Republic of China Requestor: Unisource International, Inc.; its Polycast Series 700 Frame and Grate are not within the scope of the antidumping duty order; August 8, 2006. A–570–504: Petroleum Wax Candles from the People’s Republic of China Requestor: Atico International, Inc.; its ‘‘Christmas Stocking Tealight,’’ ‘‘Halloween Novelty Ghost,’’ ‘‘Halloween Novelty JOL,’’ and ‘‘Halloween Novelty Frankenstein’’ candles are within the scope of the antidumping duty order; its ‘‘Halloween Novelty Pumpkin,’’ ‘‘Halloween Bloody Skull,’’ ‘‘Halloween Novelty Tombstone,’’ ‘‘Halloween Witch Shoe,’’ and ‘‘Santas Boot’’ candles are not within the scope of the antidumping duty order; July 6, 2006. E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66165-66167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19108]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-507-601]


Certain In-shell Roasted 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 July 7, 2006, the Department of Commerce (the

[[Page 66166]]

Department) published the preliminary results in the countervailing 
duty (CVD) administrative review of certain in-shell roasted pistachios 
from Iran. 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. The final net subsidy rate for the reviewed company is 
listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: November 13, 2006.

FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 
3, Import Administration, U.S. Department of Commerce, Room 4012, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2006, the Department published in the Federal Register 
the preliminary results in the CVD review of certain in-shell roasted 
pistachios from Iran. See Certain In-shell Roasted Pistachios from the 
Islamic Republic of Iran: Preliminary Results of Countervailing Duty 
Administrative Review, 71 FR 38622 (July 7, 2006) (Preliminary 
Results). We invited interested parties to comment on these results. 
Since the preliminary results, we received case briefs from 
petitioner\1\ and from a domestic interested party\2\ on August 7, 
2006. Neither Nima nor the Government of Iran (GOI) submitted a case or 
rebuttal brief.
---------------------------------------------------------------------------

    \1\ The California Pistachio Commission (CPC) and its members.
    \2\ 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

    The product covered by this order is all roasted in-shell pistachio 
nuts, whether roasted in Iran or elsewhere, from which the hull has 
been removed, leaving the inner hard shells and the edible meat, as 
currently classifiable in the Harmonized Tariff Schedule of the United 
States (HTSUS) under item number 0802.50.20.00. The written description 
of the scope of this proceeding 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 ``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 Roasted Pistachios from 
the Islamic Republic of Iran'' (Decision Memorandum) dated November 6, 
2006, which is hereby adopted by this notice. A listing of the issues 
that parties raised and to which we have responded, included 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 https://
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, and regarding 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 questionnaire and requests for information.
    In the instant case, the Department is relying on information from 
Final Affirmative Countervailing Duty Determination and Countervailing 
Duty Order: Roasted In-Shell Pistachios from Iran, 51 FR 35679 (October 
7, 1986) (Roasted 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 
Roasted Pistachios from the Islamic Republic of Iran: Final Results of 
Countervailing Duty Administrative Review, 71 FR 27682 (May 12, 2006) 
(2003 Roasted 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.\3\ 
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).
---------------------------------------------------------------------------

    \3\ 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. 
With regard to the reliability aspect of corroboration, 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

[[Page 66167]]

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 sections 777A(e)(1) and 751(a)(1)(A) 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.

------------------------------------------------------------------------
                                                            Net Subsidy
                    Producer/Exporter                          Rate
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc., trading as Nima   66.50 percent
 Trading Company (Nima).................................      ad 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 
66.50 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 the producer is a firm 
covered in this review, a prior review, or the original investigation, 
the cash deposit rate will continue to be 317.89 percent ad valorem, 
the ``All Others'' rate from the final determination in the original 
investigation. We will also issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results of review.
    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: November 6, 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: Adverse Facts Available Rate
    Comment 2: Additional Subsidy Programs
[FR Doc. E6-19108 Filed 11-9-06; 8:45 am]
BILLING CODE 3510-DS-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.