81 FR 51857 - Certain In-Shell (Raw) Pistachios From the Islamic Republic of Iran: Final Results of the Expedited Sunset Review of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 151 (August 5, 2016)
International Trade Administration
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51857-51858 | |
| FR Document | 2016-18673 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Notices] [Pages 51857-51858] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18673] ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51857
Dated: July 29, 2016. Compliance, U.S. Department of section 751(c)(3)(B) of the Act and 19
Ronald K. Lorentzen, Commerce, 14th Street and Constitution CFR 351.218(e)(1)(ii)(C).
Acting Assistant Secretary for Enforcement Avenue NW., Washington, DC 20230;
Scope of the Order
and Compliance. telephone (202) 482–5255 and (202)
482–9179, respectively. The products covered by the order are
Appendix raw,4 in-shell pistachio nuts from which
SUPPLEMENTARY INFORMATION:
List of Topics Discussed in the Issues and the hulls have been removed, leaving
Decision Memorandum Background the inner hard shells, and edible meats
I. Summary The Department published the from Iran. This merchandise is provided
II. Background antidumping duty order on pistachios for in subheading 0802.51.00.00 of the
III. Scope of the Order from Iran on July 17, 1986.1 On April 1, Harmonized Tariff Schedule of the
IV. History of the Order 2016, pursuant to section 751(c) of the United States (HTSUS). Although the
V. Legal Framework Tariff Act of 1930, as amended (the Act), HTSUS subheadings are provided for
VI. Discussion of the Issues the Department initiated a sunset review convenience and customs purposes, the
1. Likelihood of Continuation or
of the antidumping duty order on written description of the scope of this
Recurrence of Dumping
2. Magnitude of the Margins Likely to pistachios from Iran.2 On April 11, order is dispositive.
Prevail 2016, and April 13, 2016, the
Department received notices of intent to Analysis of Comments Received
VII. Final Results of Sunset Review
VIII. Recommendation participate from Wonderful Pistachios & The issues discussed in the Decision
[FR Doc. 2016–18649 Filed 8–4–16; 8:45 am]
Almonds LLC (WP&A) and American Memorandum 5 are the likelihood of
Pistachio Growers (APG), respectively continuation or recurrence of dumping
BILLING CODE 3510–DS–P
(collectively, the Domestic Interested and the magnitude of the margins of
Parties), within the deadline specified dumping likely to prevail if this order
DEPARTMENT OF COMMERCE in 19 CFR 351.218(d)(1)(i). The was revoked. Parties can find a
Domestic Interested Parties are complete discussion of all issues raised
International Trade Administration manufacturers of a domestic like in this review, and the corresponding
product in the United States and, recommendations, in the Decision
[A–507–502]
accordingly, are domestic interested Memorandum which is on file
Certain In-Shell (Raw) Pistachios From parties pursuant to section 771(9)(C) of electronically via Enforcement and
the Islamic Republic of Iran: Final the Act. Compliance’s Antidumping and
Results of the Expedited Sunset On April 29, 2016, and May 2, 2016, Countervailing Duty Centralized
Review of the Antidumping Duty Order the Department received an adequate Electronic Service System (ACCESS).
substantive response to the notice of ACCESS is available to registered users
AGENCY: Enforcement and Compliance, initiation from WP&A and APG, at http://access.trade.gov and is
International Trade Administration, respectively, within the 30-day deadline available to all parties in the Central
Department of Commerce. specified in 19 CFR 351.218(d)(3)(i). Records Unit in room B8024 of the main
DATES: Effective August 5, 2016. The Department did not receive any Commerce building. In addition, a
timely filed responses from the complete version of the Decision
SUMMARY: As a result of this sunset respondent interested parties, i.e., Memorandum can be accessed directly
review, the Department of Commerce pistachio producers and exporters from on the Internet at http://trade.gov/
(the Department) finds that revocation Iran. The Department did receive an enforcement/. The signed Decision
of the antidumping duty order on untimely substantive response from Memorandum and electronic versions of
certain in-shell (raw) pistachios Tehran Negah Nima, trading as Nima the Decision Memorandum are identical
(pistachios) from the Islamic Republic of Trading Company (Nima). As this in content.
(Iran) would be likely to lead to response was untimely, the Department
continuation or recurrence of dumping rejected the submission.3 On the basis of Final Results of Review
at the rates identified in the ‘‘Final the notices of intent to participate and Pursuant to sections 752(c)(1) and (3)
Results of Review’’ section of this adequate substantive responses filed by of the Act, we determine that revocation
notice. the Domestic Interested Parties and the of the antidumping duty order of
FOR FURTHER INFORMATION CONTACT: inadequate response from any pistachios from Iran would be likely to
Jacqueline Arrowsmith or Madeline respondent interested party, the lead to continuation or recurrence of
Heeren, AD/CVD Operations, Offices VII Department conducted an expedited dumping at weighted average margins
and VI, respectively, Enforcement and sunset review of the order pursuant to 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 Agricultural and Animal Husbandry Company ................................... 241.14
All-Others Rate .................................................................................................................................................................................... 241.14
mstockstill on DSK3G9T082PROD with NOTICES
1 See Antidumping Duty Order; Certain In-Shell see also letter from the Department to Nima, dated Assistant Secretary for Antidumping and Counter
Pistachios from Iran, 51 FR 25922 (July 17, 1986) May 17, 2016 (Rejection Letter). vailing Duty Operations, titled ‘‘Issues and Decision
(Iran Order). 4 See Certain In-Shell Pistachios From Iran;
Memorandum for the Expedited Sunset Review of
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 Clarification of Scope in Antidumping Duty the Antidumping Duty Order on Certain In-Shell
FR 18829 (April 1, 2016) (Sunset Initiation). Investigation, 51 FR 23254 (June 26, 1986). (Raw) Pistachios from the Islamic Republic of Iran;
3 See the memorandum to the file from Madeline 5 See Memorandum to Ronald K. Lorentzen,
Final Results,’’ dated concurrently with this notice
Heeren entitled, ‘‘Request to Take Action on Certain Acting Assistant Secretary for Enforcement and (Decision Memorandum).
Barcodes,’’ dated May 17, 2016 (Rejection Memo); Compliance, from Christian Marsh, Deputy
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![51858 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Administrative Protective Order preliminary determination is due no DEPARTMENT OF COMMERCE
This notice also serves as the only later than August 16, 2016.
International Trade Administration
reminder to parties subject to Postponement of Preliminary
administrative protective order (APO) of Determination [C–570–968]
their responsibility concerning the
return or destruction of proprietary Sections 733(c)(1)(B)(i) and (ii) of the Aluminum Extrusions from the
information disclosed under APO in Act permit the Department to postpone People’s Republic of China: Final
accordance with 19 CFR 351.305. the time limit for the preliminary Results of Expedited First Sunset
Timely notification of the return of determination if it concludes that the Review of the Countervailing Duty
destruction of APO materials or parties concerned are cooperating and Order
conversion to judicial protective order is determines that the case is AGENCY: Enforcement and Compliance,
hereby requested. Failure to comply extraordinarily complicated by reason of International Trade Administration,
with the regulations and terms of an the number and complexity of the Department of Commerce
APO is a violation which is subject to transactions to be investigated or SUMMARY: The Department of Commerce
sanction. adjustments to be considered, the
The Department is issuing and (the Department) finds that revocation
novelty of the issues presented, or the of the countervailing duty (CVD) order
publishing these final results and notice number of firms whose activities must
in accordance with sections 751(c), on aluminum extrusions from the
be investigated, and additional time is People’s Republic of China (PRC) would
752(c), and 777(i)(1) of the Act and 19
necessary to make the preliminary likely lead to the continuation or
CFR 351.218.
determination. Under this section of the recurrence of a countervailable subsidy
Dated: July 29, 2016. Act, the Department may postpone the at the levels indicated in the Final
Ronald K. Lorentzen, preliminary determination until no later Results of Review section of this notice.
Acting Assistant Secretary for Enforcement than 190 days after the date on which DATES: Effective August 5, 2016.
and Compliance. the Department initiated the FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–18673 Filed 8–4–16; 8:45 am] investigation. Tyler Weinhold, Office VI, AD/CVD
BILLING CODE 3510–DS–P Operations, Enforcement and
The Department determines that the
parties involved in this phosphor Compliance, International Trade
copper investigation are cooperating, Administration, U.S. Department of
DEPARTMENT OF COMMERCE Commerce, 14th Street and Constitution
and that the investigation is
International Trade Administration extraordinarily complicated. Additional Avenue NW., Washington, DC 20230;
time is required to analyze the telephone: (202) 482–1121.
[A–580–885] questionnaire responses and issue SUPPLEMENTARY INFORMATION:
appropriate requests for clarification Background
Phosphor Copper From the Republic and additional information.
of Korea: Postponement of Preliminary On April 1, 2016, the Department
Determination of Antidumping Duty Therefore, in accordance with section initiated the first sunset review of the
Investigation 733(c)(1)(B) of the Act and 19 CFR Order 1 on aluminum extrusions from
351.205(f)(1), the Department is the PRC, pursuant to section 751(c) of
AGENCY: Enforcement and Compliance, postponing the time period for the the Tariff Act of 1930, as amended (the
International Trade Administration, preliminary determination of this Act).2 The Aluminum Extrusions Fair
Department of Commerce. investigation by 50 days, to October 5, Trade Committee and its constituent
DATES: Effective August 5, 2016. 2016. Pursuant to section 735(a)(l) of the producers of aluminum extrusions
FOR FURTHER INFORMATION CONTACT: Act and 19 CFR 351.210(b)(1), the (Petitioners) filed a timely notice of
Cindy Robinson at (202) 482–3797, AD/ deadline for the final determination will intent to participate on April 18, 2016,
CVD Operations, Enforcement and continue to be 75 days after the date of in accordance with 19 CFR
Compliance, U.S. Department of the preliminary determination, unless 351.218(d)(1).3 Petitioners claimed
Commerce, 14th Street and Constitution postponed at a later date. interested party status under section
Avenue NW., Washington, DC 20230. 771(9)(E) (covering trade and business
This notice is issued and published associations) and individually under
SUPPLEMENTARY INFORMATION: pursuant to section 733(c)(2) of the Act section 771(9)(C) (covering
Background and 19 CFR 351.205(f)(1). manufacturers, producers, and
On April 5, 2016, the Department of Dated: July 29, 2016. wholesalers) of the Act, respectively.
Commerce (the Department) initiated an Ronald Lorentzen, The Department received an adequate
antidumping duty investigation of substantive response from Petitioners
Acting Assistant Secretary for Enforcement
imports of phosphor copper from the and Compliance.
within the 30-day deadline specified in
Republic of Korea.1 The notice of 19 CFR 351.218(d)(3)(i).4 The
[FR Doc. 2016–18544 Filed 8–4–16; 8:45 am]
initiation stated that, in accordance with BILLING CODE 3510–DS–P 1 See Aluminum Extrusions from the People’s
section 733(b)(l)(A) of the Tariff Act of Republic of China: Countervailing Duty Order, 76
1930, as amended (the Act), and 19 CFR FR 30653 (May 26, 2011) (the Order).
mstockstill on DSK3G9T082PROD with NOTICES
351.205(b)(1), we would issue our 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
preliminary determination no later than FR 18829 (April 1, 2016).
3 See Letter from Petitioner to the Department,
140 days after the date of initiation,
‘‘Aluminum Extrusions from the People’s Republic
unless postposed. Currently, the of China: Notice of Intent to Participate in Review,’’
dated April 18, 2016.
1 See Phosphor Copper from the Republic of 4 See Letter to the Department, ‘‘Aluminum
Korea: Initiation of Less-Than-Fair-Value Extrusions from the People’s Republic of China:
Investigation, 81 FR 19552 (April 5, 2016). AEFTC’s Substantive Response to the Department’s
VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1](https://thefederalregister.org/doc/81_FR_52008/page/2.svg)
Document Created: 2016-08-05 06:43:41
Document Modified: 2016-08-05 06:43:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 5, 2016. | |
| 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. | |
| FR Citation | 81 FR 51857 |
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