Certain In-Shell (Raw) Pistachios From the Islamic Republic of Iran: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 51857-51858 [2016-18673]

Download as PDF 51857 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices Dated: July 29, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–5255 and (202) 482–9179, respectively. SUPPLEMENTARY INFORMATION: Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2016–18649 Filed 8–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–507–502] Certain In-Shell (Raw) Pistachios From the Islamic Republic of Iran: Final Results of the Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Effective August 5, 2016. As a result of this sunset review, the Department of Commerce (the Department) finds that revocation of the antidumping duty order on certain in-shell (raw) pistachios (pistachios) from the Islamic Republic of (Iran) would be likely to lead to continuation or recurrence of dumping at the rates identified in the ‘‘Final Results of Review’’ section of this notice. DATES: SUMMARY: FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Madeline Heeren, AD/CVD Operations, Offices VII and VI, respectively, Enforcement and Background The Department published the antidumping duty order on pistachios from Iran on July 17, 1986.1 On April 1, 2016, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the Department initiated a sunset review of the antidumping duty order on pistachios from Iran.2 On April 11, 2016, and April 13, 2016, the Department received notices of intent to participate from Wonderful Pistachios & Almonds LLC (WP&A) and American Pistachio Growers (APG), respectively (collectively, the Domestic Interested Parties), within the deadline specified in 19 CFR 351.218(d)(1)(i). The Domestic Interested Parties are manufacturers of a domestic like product in the United States and, accordingly, are domestic interested parties pursuant to section 771(9)(C) of the Act. On April 29, 2016, and May 2, 2016, the Department received an adequate substantive response to the notice of initiation from WP&A and APG, respectively, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive any timely filed responses from the respondent interested parties, i.e., pistachio producers and exporters from Iran. The Department did receive an untimely substantive response from Tehran Negah Nima, trading as Nima Trading Company (Nima). As this response was untimely, the Department rejected the submission.3 On the basis of the notices of intent to participate and adequate substantive responses filed by the Domestic Interested Parties and the inadequate response from any respondent interested party, the Department conducted an expedited sunset review of the order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C). Scope of the Order The products covered by the order are raw,4 in-shell pistachio nuts from which the hulls have been removed, leaving the inner hard shells, and edible meats from Iran. This merchandise is provided for in subheading 0802.51.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received The issues discussed in the Decision Memorandum 5 are the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if this order was revoked. Parties can find a complete discussion of all issues raised in this review, and the corresponding recommendations, in the Decision Memorandum which is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit in room B8024 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http://trade.gov/ enforcement/. The signed Decision Memorandum and electronic versions of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order of pistachios from Iran would be likely to lead to continuation or recurrence of dumping at weighted average margins up to the following: Margin (percent) Exporter/producer mstockstill on DSK3G9T082PROD with NOTICES Rafsanjan Pistachios Cooperative ....................................................................................................................................................... Tehran Negah Nima Trading Company, Inc./Maghsoudi Farms ........................................................................................................ Tehran Negah Nima Trading Company, Inc./Razi Domghan Agricultural and Animal Husbandry Company ................................... All-Others Rate .................................................................................................................................................................................... 1 See Antidumping Duty Order; Certain In-Shell Pistachios from Iran, 51 FR 25922 (July 17, 1986) (Iran Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 18829 (April 1, 2016) (Sunset Initiation). 3 See the memorandum to the file from Madeline Heeren entitled, ‘‘Request to Take Action on Certain Barcodes,’’ dated May 17, 2016 (Rejection Memo); VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 see also letter from the Department to Nima, dated May 17, 2016 (Rejection Letter). 4 See Certain In-Shell Pistachios From Iran; Clarification of Scope in Antidumping Duty Investigation, 51 FR 23254 (June 26, 1986). 5 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 241.14 241.14 241.14 241.14 Assistant Secretary for Antidumping and Counter vailing Duty Operations, titled ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Certain In-Shell (Raw) Pistachios from the Islamic Republic of Iran; Final Results,’’ dated concurrently with this notice (Decision Memorandum). E:\FR\FM\05AUN1.SGM 05AUN1 51858 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return of destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: July 29, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–18673 Filed 8–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–885] Phosphor Copper From the Republic of Korea: Postponement of Preliminary Determination of Antidumping Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective August 5, 2016. FOR FURTHER INFORMATION CONTACT: Cindy Robinson at (202) 482–3797, AD/ CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: mstockstill on DSK3G9T082PROD with NOTICES Background On April 5, 2016, the Department of Commerce (the Department) initiated an antidumping duty investigation of imports of phosphor copper from the Republic of Korea.1 The notice of initiation stated that, in accordance with section 733(b)(l)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1), we would issue our preliminary determination no later than 140 days after the date of initiation, unless postposed. Currently, the preliminary determination is due no later than August 16, 2016. Postponement of Preliminary Determination Dated: July 29, 2016. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–18544 Filed 8–4–16; 8:45 am] 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Aluminum Extrusions from the People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on aluminum extrusions from the People’s Republic of China (PRC) would likely lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice. DATES: Effective August 5, 2016. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Office VI, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1121. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2016, the Department initiated the first sunset review of the Order 1 on aluminum extrusions from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 The Aluminum Extrusions Fair Trade Committee and its constituent producers of aluminum extrusions (Petitioners) filed a timely notice of intent to participate on April 18, 2016, in accordance with 19 CFR 351.218(d)(1).3 Petitioners claimed interested party status under section 771(9)(E) (covering trade and business associations) and individually under section 771(9)(C) (covering manufacturers, producers, and wholesalers) of the Act, respectively. The Department received an adequate substantive response from Petitioners within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 The 1 See Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (the Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 18829 (April 1, 2016). 3 See Letter from Petitioner to the Department, ‘‘Aluminum Extrusions from the People’s Republic of China: Notice of Intent to Participate in Review,’’ dated April 18, 2016. 4 See Letter to the Department, ‘‘Aluminum Extrusions from the People’s Republic of China: AEFTC’s Substantive Response to the Department’s 1 See Phosphor Copper from the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation, 81 FR 19552 (April 5, 2016). VerDate Sep<11>2014 International Trade Administration [C–570–968] Sections 733(c)(1)(B)(i) and (ii) of the Act permit the Department to postpone the time limit for the preliminary determination if it concludes that the parties concerned are cooperating and determines that the case is extraordinarily complicated by reason of the number and complexity of the transactions to be investigated or adjustments to be considered, the novelty of the issues presented, or the number of firms whose activities must be investigated, and additional time is necessary to make the preliminary determination. Under this section of the Act, the Department may postpone the preliminary determination until no later than 190 days after the date on which the Department initiated the investigation. The Department determines that the parties involved in this phosphor copper investigation are cooperating, and that the investigation is extraordinarily complicated. Additional time is required to analyze the questionnaire responses and issue appropriate requests for clarification and additional information. Therefore, in accordance with section 733(c)(1)(B) of the Act and 19 CFR 351.205(f)(1), the Department is postponing the time period for the preliminary determination of this investigation by 50 days, to October 5, 2016. Pursuant to section 735(a)(l) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51857-51858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18673]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-507-502]


Certain In-Shell (Raw) Pistachios From the Islamic Republic of 
Iran: Final Results of the Expedited Sunset Review of the Antidumping 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Effective August 5, 2016.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(the Department) finds that revocation of the antidumping duty order on 
certain in-shell (raw) pistachios (pistachios) from the Islamic 
Republic of (Iran) would be likely to lead to continuation or 
recurrence of dumping at the rates identified in the ``Final Results of 
Review'' section of this notice.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Madeline 
Heeren, AD/CVD Operations, Offices VII and VI, respectively, 
Enforcement and Compliance, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255 and (202) 482-9179, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on pistachios 
from Iran on July 17, 1986.\1\ On April 1, 2016, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act), the Department 
initiated a sunset review of the antidumping duty order on pistachios 
from Iran.\2\ On April 11, 2016, and April 13, 2016, the Department 
received notices of intent to participate from Wonderful Pistachios & 
Almonds LLC (WP&A) and American Pistachio Growers (APG), respectively 
(collectively, the Domestic Interested Parties), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The Domestic Interested Parties 
are manufacturers of a domestic like product in the United States and, 
accordingly, are domestic interested parties pursuant to section 
771(9)(C) of the Act.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order; Certain In-Shell Pistachios from 
Iran, 51 FR 25922 (July 17, 1986) (Iran Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 18829 
(April 1, 2016) (Sunset Initiation).
---------------------------------------------------------------------------

    On April 29, 2016, and May 2, 2016, the Department received an 
adequate substantive response to the notice of initiation from WP&A and 
APG, respectively, within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive any timely filed 
responses from the respondent interested parties, i.e., pistachio 
producers and exporters from Iran. The Department did receive an 
untimely substantive response from Tehran Negah Nima, trading as Nima 
Trading Company (Nima). As this response was untimely, the Department 
rejected the submission.\3\ On the basis of the notices of intent to 
participate and adequate substantive responses filed by the Domestic 
Interested Parties and the inadequate response from any respondent 
interested party, the Department conducted an expedited sunset review 
of the order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C).
---------------------------------------------------------------------------

    \3\ See the memorandum to the file from Madeline Heeren 
entitled, ``Request to Take Action on Certain Barcodes,'' dated May 
17, 2016 (Rejection Memo); see also letter from the Department to 
Nima, dated May 17, 2016 (Rejection Letter).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are raw,\4\ in-shell pistachio 
nuts from which the hulls have been removed, leaving the inner hard 
shells, and edible meats from Iran. This merchandise is provided for in 
subheading 0802.51.00.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.
---------------------------------------------------------------------------

    \4\ See Certain In-Shell Pistachios From Iran; Clarification of 
Scope in Antidumping Duty Investigation, 51 FR 23254 (June 26, 
1986).
---------------------------------------------------------------------------

Analysis of Comments Received

    The issues discussed in the Decision Memorandum \5\ are the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins of dumping likely to prevail if this order was revoked. 
Parties can find a complete discussion of all issues raised in this 
review, and the corresponding recommendations, in the Decision 
Memorandum which is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit in room B8024 of the main Commerce building. In addition, 
a complete version of the Decision Memorandum can be accessed directly 
on the Internet at http://trade.gov/enforcement/. The signed Decision 
Memorandum and electronic versions of the Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Counter vailing Duty 
Operations, titled ``Issues and Decision Memorandum for the 
Expedited Sunset Review of the Antidumping Duty Order on Certain In-
Shell (Raw) Pistachios from the Islamic Republic of Iran; Final 
Results,'' dated concurrently with this notice (Decision 
Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order of pistachios from Iran 
would be likely to lead to continuation or recurrence of dumping at 
weighted average margins up to the following:

------------------------------------------------------------------------
                                                              Margin
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Rafsanjan Pistachios Cooperative........................          241.14
Tehran Negah Nima Trading Company, Inc./Maghsoudi Farms.          241.14
Tehran Negah Nima Trading Company, Inc./Razi Domghan              241.14
 Agricultural and Animal Husbandry Company..............
All-Others Rate.........................................          241.14
------------------------------------------------------------------------


[[Page 51858]]

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return of destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    The Department is issuing and publishing these final results and 
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: July 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-18673 Filed 8-4-16; 8:45 am]
 BILLING CODE 3510-DS-P