Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Preliminary Results of Countervailing Duty New Shipper Review, 67276-67277 [E7-23142]
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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices
for consumption on or after September
13, 2007, the date of the publication of
Preliminary Determination. We will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
weighted–average margin, as indicated
in the chart above, as follows: (1) the
rate for the mandatory respondent will
be the rate we have determined in this
final determination; (2) if the exporter is
not a firm identified in this
investigation but the producer is, the
rate will be the rate established for the
producer of the subject merchandise; (3)
the rate for all other producers or
exporters will be 138.60 percent. These
suspension–of-liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative and in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
ebenthall on PRODPC61 with NOTICES
Notification Regarding APO
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. Timely
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 determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act.
VerDate Aug<31>2005
15:18 Nov 27, 2007
Jkt 214001
Dated: November 20, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–23144 Filed 11–27–07; 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:
Preliminary Results of Countervailing
Duty New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting a new
shipper review of the countervailing
duty (CVD) order on certain in–shell
roasted pistachios from the Islamic
Republic of Iran (Iran) for the period
January 1, 2006, through December 31,
2006. For information on the net
subsidy rate for the reviewed company,
please see the ‘‘Preliminary Results of
Review’’ section of this notice.
Interested parties are invited to
comment on these preliminary results.
(See the ‘‘Public Comment’’ section of
this notice).
EFFECTIVE DATE: November 28, 2007.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, 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) 482–4161.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 7, 1986, the Department
published in the Federal Register the
countervailing duty order on certain in–
shell roasted pistachios from Iran. See
Final Affirmative Countervailing Duty
Determination and Countervailing Duty
Order: Roasted In–shell Pistachios from
Iran, 51 FR 35679 (October 7, 1986). On
March 21, 2007, the Department
received a timely request for a new
shipper review from Kerman
Corporation (Kerman) on behalf of
Ahmadi’s Agricultural Productions,
Processing and Trade Complex
(Ahmadi). See Letter from Ali R.
Ahmadi, Kerman Corporation, dated
March 21, 2007. On June 1, 2007, the
Department published the notice of
initiation of this new shipper review for
the period of review (POR) of January 1,
2006, through December 31, 2006. See
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Certain In–shell Roasted Pistachios from
the Islamic Republic of Iran: Notice of
Initiation of Countervailing Duty New
Shipper Review, 72 FR 30547 (June 1,
2007).
On June 6, 2007, we issued our initial
questionnaire to the Government of Iran
(GOI) and Ahmadi, to which Ahmadi
and the GOI submitted responses on
August 3 and September 14, 2007,
respectively. On September 10, 2007,
the Department issued a supplemental
questionnaire to Ahmadi and Ahmadi
submitted a response on October 1,
2007. On October 3, 2007, the
Department issued a supplemental
questionnaire to the GOI. The GOI did
not respond to the supplemental
questionnaire.
On October 4, 2007, the Western
Pistachio Commission (petitioner)
submitted additional subsidy allegations
regarding certain programs provided by
the GOI. On November 13, 2007, the
Department issued supplemental
questions to petitioners regarding their
additional subsidy allegations. The
supplemental information is due to the
Department on November 27, 2007, and
will be addressed in the final results of
this proceeding.
On November 13, 2007, petitioner
submitted comments regarding the
Department’s preliminary results. The
Department intends to address these
concerns as part of the Public Comment
phase of this proceeding, as discussed
below.
In accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.214(a), this new shipper review
covers only merchandise produced and
exported by Ahmadi, for which a review
was specifically requested.
Scope of Order
The product covered by this order is
all roasted in–shell pistachio nuts,
whether roasted in Iran or elsewhere,
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 of this
proceeding is dispositive.
Analysis of Programs
I. Programs Preliminarily Determined to
Be Not Used
Based on the information supplied by
Kerman on behalf of Ahmadi, we
preliminarily determine that the
programs listed below were not used
during the POR.
E:\FR\FM\28NON1.SGM
28NON1
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices
A. Provision of Fertilizer and
Machinery
B. Provision of Credit
C. Tax Exemptions
D. Provision of Water and Irrigation
Equipment
E. Technical Support
F. Duty Refunds on Imported Raw or
Intermediate Materials Used in the
Production of Export Goods
G. Program to Improve Quality of
Exports of Dried Fruit
H. Iranian Export Guarantee Fund
I. GOI Grants and Loans to Pistachio
Farmers
J. Crop Insurance for Pistachios
ebenthall on PRODPC61 with NOTICES
New Shipper Review Bona Fide
Analysis
Consistent with the Department’s
practice, we investigated the bona fide
nature of the sales made by Ahmadi for
this new shipper review. The
Department reviewed import data
provided by U.S. Customs and Border
Protection (CBP), and compared the
quantity and value of the only shipment
by Ahmadi to the United States to
imports of subject merchandise by other
companies. We also reviewed
information on the record with regard to
the commercial legitimacy of Ahmadi,
Kerman, and the unaffiliated sale in the
United States. We find that there is
nothing on the record to question the
bona fides of Ahmadi’s sale. Therefore,
for purposes of these preliminary results
of review, we are treating Ahmadi’s sale
of subject merchandise to the United
States as bona fide for this new shipper
review. See Memo to the file from Eric
B. Greynolds, Program Manager, Office
3, Operations, entitled, ‘‘Preliminary
Bona Fide Sales Analysis.’’
Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we have calculated an
individual subsidy rate for Ahmadi, the
only producer/exporter subject to this
proceeding, for the POR, i.e., calendar
year 2006. We preliminarily determine
that the total estimated net
countervailable subsidy rate is 0.00
percent ad valorem.
We intend to issue the following cash
deposit requirements, effective upon
publication of the notice of final results
of review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication: (1) for
merchandise produced and exported by
Ahmadi, the cash deposit rate will be
0.00 percent, (2) the rate calculated for
merchandise exported by Ahmadi but
not produced by Ahmadi, the cash
deposit rate will be the all–others rate
established in the original CVD
VerDate Aug<31>2005
15:18 Nov 27, 2007
Jkt 214001
investigation (see 51 FR 35679 (October
7, 1986)); (3) 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 (4) if neither the
exporter nor producer is a firm covered
in this review or the original
investigation, the cash deposit rate for
all other producers or exporters of the
subject merchandise will continue to be
99.52 percent ad valorem. This rate is
the all–others rate from the final
determination in the original
investigation.
If the final results of this review
remain the same as these preliminary
results, the Department intends to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review to liquidate without regard
to countervailing duties all shipments of
subject merchandise produced and
exported by Ahmadi, entered, or
withdrawn from warehouse, for
consumption during the POR. Should
the final results of this review remain
the same as these preliminary results,
the Department also will instruct CBP
not to collect cash deposits of estimated
countervailing duties on all shipments
of the subject merchandise produced
and exported by Ahmadi, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
new shipper review.
Public Comment
Pursuant to 19 CFR 351.224(b), the
Department will disclose to parties to
the proceeding any calculations
performed in connection with these
preliminary results within five days
after the date of the public
announcement of this notice. Pursuant
to 19 CFR 351.309, interested parties
may submit written comments in
response to these preliminary results.
Unless otherwise indicated by the
Department, case briefs must be
submitted within 30 days after the
publication of these preliminary results.
Rebuttal briefs, which are limited to
arguments raised in case briefs, must be
submitted no later than five days after
the time limit for filing case briefs,
unless otherwise specified by the
Department. Parties who submit
argument in this proceeding are
requested to submit with the argument:
(1) a statement of the issue, and (2) a
brief summary of the argument. Parties
submitting case and/or rebuttal briefs
are requested to provide the Department
copies of the public version on disk.
Case and rebuttal briefs must be served
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
67277
on interested parties in accordance with
19 CFR 351.303(f). Also, pursuant to 19
CFR 351.310, within 30 days of the date
of publication of this notice, interested
parties may request a public hearing on
arguments to be raised in the case and
rebuttal briefs. Unless the Secretary
specifies otherwise, the hearing, if
requested, will be held two days after
the date for submission of rebuttal
briefs.
Representatives of parties to the
proceeding may request disclosure of
proprietary information under
administrative protective order no later
than 10 days after the representative’s
client or employer becomes a party to
the proceeding, but in no event later
than the date the case briefs, under 19
CFR 351.309(c)(ii), are due. The
Department will publish the final
results of this administrative review,
including the results of its analysis of
issues raised in any case or rebuttal brief
or at a hearing.
This new shipper review and notice
are issued and published in accordance
with sections 751(a)(2)(B) and 777(i)(1)
of the Act, and 19 CFR 351.214(h) and
351.221(b)(4).
Dated: November 20, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–23142 Filed 11–27–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
[Docket No.: 071121731–7735–01]
Solicitation of Applications for the
Minority Business Enterprise Center
(MBEC) Program
Minority Business
Development Agency, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with 15 U.S.C.
Section 1512 and Executive Order
11625, the Minority Business
Development Agency (MBDA) is
soliciting competitive applications from
organizations to operate a Minority
Business Enterprise Center (MBEC) in
the locations and geographical service
areas specified in this notice. The MBEC
operates through the use of business
consultants and provides a range of
business consulting and technical
assistance services directly to eligible
minority-owned businesses.
Responsibility for ensuring that
applications in response to this
competitive solicitation are complete
E:\FR\FM\28NON1.SGM
28NON1
]]>Agencies
[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67276-67277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23142]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-507-601]
Certain In-shell Roasted Pistachios from the Islamic Republic of
Iran: Preliminary Results of Countervailing Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper review of the countervailing duty (CVD) order on certain
in-shell roasted pistachios from the Islamic Republic of Iran (Iran)
for the period January 1, 2006, through December 31, 2006. For
information on the net subsidy rate for the reviewed company, please
see the ``Preliminary Results of Review'' section of this notice.
Interested parties are invited to comment on these preliminary results.
(See the ``Public Comment'' section of this notice).
EFFECTIVE DATE: November 28, 2007.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 1986, the Department published in the Federal
Register the countervailing duty order on certain in-shell roasted
pistachios from Iran. See Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order: Roasted In-shell
Pistachios from Iran, 51 FR 35679 (October 7, 1986). On March 21, 2007,
the Department received a timely request for a new shipper review from
Kerman Corporation (Kerman) on behalf of Ahmadi's Agricultural
Productions, Processing and Trade Complex (Ahmadi). See Letter from Ali
R. Ahmadi, Kerman Corporation, dated March 21, 2007. On June 1, 2007,
the Department published the notice of initiation of this new shipper
review for the period of review (POR) of January 1, 2006, through
December 31, 2006. See Certain In-shell Roasted Pistachios from the
Islamic Republic of Iran: Notice of Initiation of Countervailing Duty
New Shipper Review, 72 FR 30547 (June 1, 2007).
On June 6, 2007, we issued our initial questionnaire to the
Government of Iran (GOI) and Ahmadi, to which Ahmadi and the GOI
submitted responses on August 3 and September 14, 2007, respectively.
On September 10, 2007, the Department issued a supplemental
questionnaire to Ahmadi and Ahmadi submitted a response on October 1,
2007. On October 3, 2007, the Department issued a supplemental
questionnaire to the GOI. The GOI did not respond to the supplemental
questionnaire.
On October 4, 2007, the Western Pistachio Commission (petitioner)
submitted additional subsidy allegations regarding certain programs
provided by the GOI. On November 13, 2007, the Department issued
supplemental questions to petitioners regarding their additional
subsidy allegations. The supplemental information is due to the
Department on November 27, 2007, and will be addressed in the final
results of this proceeding.
On November 13, 2007, petitioner submitted comments regarding the
Department's preliminary results. The Department intends to address
these concerns as part of the Public Comment phase of this proceeding,
as discussed below.
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR 351.214(a), this new shipper review
covers only merchandise produced and exported by Ahmadi, for which a
review was specifically requested.
Scope of Order
The product covered by this order is all roasted in-shell pistachio
nuts, whether roasted in Iran or elsewhere, 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 of this proceeding is dispositive.
Analysis of Programs
I. Programs Preliminarily Determined to Be Not Used
Based on the information supplied by Kerman on behalf of Ahmadi, we
preliminarily determine that the programs listed below were not used
during the POR.
[[Page 67277]]
A. Provision of Fertilizer and Machinery
B. Provision of Credit
C. Tax Exemptions
D. Provision of Water and Irrigation Equipment
E. Technical Support
F. Duty Refunds on Imported Raw or Intermediate Materials Used in
the Production of Export Goods
G. Program to Improve Quality of Exports of Dried Fruit
H. Iranian Export Guarantee Fund
I. GOI Grants and Loans to Pistachio Farmers
J. Crop Insurance for Pistachios
New Shipper Review Bona Fide Analysis
Consistent with the Department's practice, we investigated the bona
fide nature of the sales made by Ahmadi for this new shipper review.
The Department reviewed import data provided by U.S. Customs and Border
Protection (CBP), and compared the quantity and value of the only
shipment by Ahmadi to the United States to imports of subject
merchandise by other companies. We also reviewed information on the
record with regard to the commercial legitimacy of Ahmadi, Kerman, and
the unaffiliated sale in the United States. We find that there is
nothing on the record to question the bona fides of Ahmadi's sale.
Therefore, for purposes of these preliminary results of review, we are
treating Ahmadi's sale of subject merchandise to the United States as
bona fide for this new shipper review. See Memo to the file from Eric
B. Greynolds, Program Manager, Office 3, Operations, entitled,
``Preliminary Bona Fide Sales Analysis.''
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we have calculated an
individual subsidy rate for Ahmadi, the only producer/exporter subject
to this proceeding, for the POR, i.e., calendar year 2006. We
preliminarily determine that the total estimated net countervailable
subsidy rate is 0.00 percent ad valorem.
We intend to issue the following cash deposit requirements,
effective upon publication of the notice of final results of review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication: (1) for
merchandise produced and exported by Ahmadi, the cash deposit rate will
be 0.00 percent, (2) the rate calculated for merchandise exported by
Ahmadi but not produced by Ahmadi, the cash deposit rate will be the
all-others rate established in the original CVD investigation (see 51
FR 35679 (October 7, 1986)); (3) 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 (4) if
neither the exporter nor producer is a firm covered in this review or
the original investigation, the cash deposit rate for all other
producers or exporters of the subject merchandise will continue to be
99.52 percent ad valorem. This rate is the all-others rate from the
final determination in the original investigation.
If the final results of this review remain the same as these
preliminary results, the Department intends to issue instructions to
CBP 15 days after the date of publication of the final results of this
review to liquidate without regard to countervailing duties all
shipments of subject merchandise produced and exported by Ahmadi,
entered, or withdrawn from warehouse, for consumption during the POR.
Should the final results of this review remain the same as these
preliminary results, the Department also will instruct CBP not to
collect cash deposits of estimated countervailing duties on all
shipments of the subject merchandise produced and exported by Ahmadi,
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this new shipper review.
Public Comment
Pursuant to 19 CFR 351.224(b), the Department will disclose to
parties to the proceeding any calculations performed in connection with
these preliminary results within five days after the date of the public
announcement of this notice. Pursuant to 19 CFR 351.309, interested
parties may submit written comments in response to these preliminary
results. Unless otherwise indicated by the Department, case briefs must
be submitted within 30 days after the publication of these preliminary
results. Rebuttal briefs, which are limited to arguments raised in case
briefs, must be submitted no later than five days after the time limit
for filing case briefs, unless otherwise specified by the Department.
Parties who submit argument in this proceeding are requested to submit
with the argument: (1) a statement of the issue, and (2) a brief
summary of the argument. Parties submitting case and/or rebuttal briefs
are requested to provide the Department copies of the public version on
disk. Case and rebuttal briefs must be served on interested parties in
accordance with 19 CFR 351.303(f). Also, pursuant to 19 CFR 351.310,
within 30 days of the date of publication of this notice, interested
parties may request a public hearing on arguments to be raised in the
case and rebuttal briefs. Unless the Secretary specifies otherwise, the
hearing, if requested, will be held two days after the date for
submission of rebuttal briefs.
Representatives of parties to the proceeding may request disclosure
of proprietary information under administrative protective order no
later than 10 days after the representative's client or employer
becomes a party to the proceeding, but in no event later than the date
the case briefs, under 19 CFR 351.309(c)(ii), are due. The Department
will publish the final results of this administrative review, including
the results of its analysis of issues raised in any case or rebuttal
brief or at a hearing.
This new shipper review and notice are issued and published in
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act, and 19
CFR 351.214(h) and 351.221(b)(4).
Dated: November 20, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-23142 Filed 11-27-07; 8:45 am]
BILLING CODE 3510-DS-S
