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entered, or withdrawn from warehouse,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