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67276 Federal Register / Vol. 72, No.

228 / Wednesday, November 28, 2007 / Notices

for consumption on or after September Dated: November 20, 2007. Certain In–shell Roasted Pistachios from
13, 2007, the date of the publication of David M. Spooner, the Islamic Republic of Iran: Notice of
Preliminary Determination. We will Assistant Secretary for Import Initiation of Countervailing Duty New
instruct CBP to require a cash deposit or Administration. Shipper Review, 72 FR 30547 (June 1,
the posting of a bond equal to the [FR Doc. E7–23144 Filed 11–27–07; 8:45 am] 2007).
weighted–average margin, as indicated BILLING CODE 3510–DS–S On June 6, 2007, we issued our initial
in the chart above, as follows: (1) the questionnaire to the Government of Iran
rate for the mandatory respondent will (GOI) and Ahmadi, to which Ahmadi
be the rate we have determined in this DEPARTMENT OF COMMERCE and the GOI submitted responses on
final determination; (2) if the exporter is August 3 and September 14, 2007,
International Trade Administration respectively. On September 10, 2007,
not a firm identified in this
[C–507–601] the Department issued a supplemental
investigation but the producer is, the
questionnaire to Ahmadi and Ahmadi
rate will be the rate established for the submitted a response on October 1,
producer of the subject merchandise; (3) Certain In–shell Roasted Pistachios
from the Islamic Republic of Iran: 2007. On October 3, 2007, the
the rate for all other producers or Department issued a supplemental
Preliminary Results of Countervailing
exporters will be 138.60 percent. These questionnaire to the GOI. The GOI did
Duty New Shipper Review
suspension–of-liquidation instructions not respond to the supplemental
will remain in effect until further notice. AGENCY: Import Administration, questionnaire.
International Trade Administration, On October 4, 2007, the Western
International Trade Commission Department of Commerce. Pistachio Commission (petitioner)
Notification SUMMARY: The Department of Commerce submitted additional subsidy allegations
In accordance with section 735(d) of (the Department) is conducting a new regarding certain programs provided by
the Act, we have notified the shipper review of the countervailing the GOI. On November 13, 2007, the
International Trade Commission (ITC) of duty (CVD) order on certain in–shell Department issued supplemental
our final determination. As our final roasted pistachios from the Islamic questions to petitioners regarding their
Republic of Iran (Iran) for the period additional subsidy allegations. The
determination is affirmative and in
January 1, 2006, through December 31, supplemental information is due to the
accordance with section 735(b)(2) of the
2006. For information on the net Department on November 27, 2007, and
Act, the ITC will determine, within 45 subsidy rate for the reviewed company, will be addressed in the final results of
days, whether the domestic industry in please see the ‘‘Preliminary Results of this proceeding.
the United States is materially injured, Review’’ section of this notice. On November 13, 2007, petitioner
or threatened with material injury, by Interested parties are invited to submitted comments regarding the
reason of imports or sales (or the comment on these preliminary results. Department’s preliminary results. The
likelihood of sales) for importation of (See the ‘‘Public Comment’’ section of Department intends to address these
the subject merchandise. If the ITC this notice). concerns as part of the Public Comment
determines that material injury or threat EFFECTIVE DATE: November 28, 2007. phase of this proceeding, as discussed
of material injury does not exist, the below.
FOR FURTHER INFORMATION CONTACT:
proceeding will be terminated and all In accordance with section
Christopher Hargett, AD/CVD
securities posted will be refunded or Operations, Office 3, Import 751(a)(2)(B) of the Tariff Act of 1930, as
canceled. If the ITC determines that Administration, U.S. Department of amended (the Act), and 19 CFR
such injury does exist, the Department Commerce, Room 4014, 14th Street and 351.214(a), this new shipper review
will issue an antidumping duty order Constitution Avenue NW, Washington, covers only merchandise produced and
directing CBP to assess antidumping DC 20230; telephone (202) 482–4161. exported by Ahmadi, for which a review
duties on all imports of the subject was specifically requested.
SUPPLEMENTARY INFORMATION:
merchandise entered, or withdrawn Scope of Order
from warehouse, for consumption on or Background
The product covered by this order is
after the effective date of the suspension On October 7, 1986, the Department all roasted in–shell pistachio nuts,
of liquidation. published in the Federal Register the whether roasted in Iran or elsewhere,
Notification Regarding APO countervailing duty order on certain in– from which the hulls have been
shell roasted pistachios from Iran. See removed, leaving the inner hard shells
This notice also serves as a reminder Final Affirmative Countervailing Duty and edible meat, as currently
to parties subject to administrative Determination and Countervailing Duty classifiable in the Harmonized Tariff
protective order (APO) of their Order: Roasted In–shell Pistachios from Schedules of the United States (HTSUS)
responsibility concerning the Iran, 51 FR 35679 (October 7, 1986). On under item number 0802.50.20.00. The
disposition of proprietary information March 21, 2007, the Department HTSUS subheading is provided for
disclosed under APO in accordance received a timely request for a new convenience and customs purposes. The
with 19 CFR 351.305. Timely shipper review from Kerman written description of the scope of this
notification of return/destruction of Corporation (Kerman) on behalf of proceeding is dispositive.
APO materials or conversion to judicial Ahmadi’s Agricultural Productions,
Processing and Trade Complex Analysis of Programs
protective order is hereby requested.
(Ahmadi). See Letter from Ali R. I. Programs Preliminarily Determined to
Failure to comply with the regulations
Ahmadi, Kerman Corporation, dated Be Not Used
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and the terms of an APO is a March 21, 2007. On June 1, 2007, the Based on the information supplied by
sanctionable violation. Department published the notice of Kerman on behalf of Ahmadi, we
This determination is issued and initiation of this new shipper review for preliminarily determine that the
published pursuant to sections 735(d) the period of review (POR) of January 1, programs listed below were not used
and 777(i)(1) of the Act. 2006, through December 31, 2006. See during the POR.

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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices 67277

A. Provision of Fertilizer and investigation (see 51 FR 35679 (October on interested parties in accordance with
Machinery 7, 1986)); (3) if the exporter is not a firm 19 CFR 351.303(f). Also, pursuant to 19
B. Provision of Credit covered in this review, a prior review, CFR 351.310, within 30 days of the date
C. Tax Exemptions or the original CVD investigation, but of publication of this notice, interested
D. Provision of Water and Irrigation the producer is, the cash deposit rate parties may request a public hearing on
Equipment will be the rate established for the most arguments to be raised in the case and
E. Technical Support recent period for the producer of the rebuttal briefs. Unless the Secretary
F. Duty Refunds on Imported Raw or merchandise; and (4) if neither the specifies otherwise, the hearing, if
Intermediate Materials Used in the exporter nor producer is a firm covered requested, will be held two days after
Production of Export Goods in this review or the original the date for submission of rebuttal
G. Program to Improve Quality of investigation, the cash deposit rate for briefs.
Exports of Dried Fruit all other producers or exporters of the Representatives of parties to the
H. Iranian Export Guarantee Fund subject merchandise will continue to be proceeding may request disclosure of
I. GOI Grants and Loans to Pistachio 99.52 percent ad valorem. This rate is proprietary information under
Farmers the all–others rate from the final administrative protective order no later
J. Crop Insurance for Pistachios determination in the original than 10 days after the representative’s
New Shipper Review Bona Fide investigation. client or employer becomes a party to
Analysis If the final results of this review the proceeding, but in no event later
remain the same as these preliminary than the date the case briefs, under 19
Consistent with the Department’s results, the Department intends to issue CFR 351.309(c)(ii), are due. The
practice, we investigated the bona fide instructions to CBP 15 days after the Department will publish the final
nature of the sales made by Ahmadi for date of publication of the final results of results of this administrative review,
this new shipper review. The this review to liquidate without regard including the results of its analysis of
Department reviewed import data to countervailing duties all shipments of issues raised in any case or rebuttal brief
provided by U.S. Customs and Border subject merchandise produced and or at a hearing.
Protection (CBP), and compared the exported by Ahmadi, entered, or This new shipper review and notice
quantity and value of the only shipment withdrawn from warehouse, for are issued and published in accordance
by Ahmadi to the United States to consumption during the POR. Should with sections 751(a)(2)(B) and 777(i)(1)
imports of subject merchandise by other the final results of this review remain of the Act, and 19 CFR 351.214(h) and
companies. We also reviewed the same as these preliminary results, 351.221(b)(4).
information on the record with regard to the Department also will instruct CBP Dated: November 20, 2007.
the commercial legitimacy of Ahmadi, not to collect cash deposits of estimated David M. Spooner,
Kerman, and the unaffiliated sale in the countervailing duties on all shipments
United States. We find that there is Assistant Secretary for Import
of the subject merchandise produced Administration.
nothing on the record to question the and exported by Ahmadi, entered, or
bona fides of Ahmadi’s sale. Therefore, [FR Doc. E7–23142 Filed 11–27–07; 8:45 am]
withdrawn from warehouse, for
for purposes of these preliminary results BILLING CODE 3510–DS–S
consumption on or after the date of
of review, we are treating Ahmadi’s sale publication of the final results of this
of subject merchandise to the United new shipper review. DEPARTMENT OF COMMERCE
States as bona fide for this new shipper
review. See Memo to the file from Eric Public Comment
Minority Business Development
B. Greynolds, Program Manager, Office Pursuant to 19 CFR 351.224(b), the Agency
3, Operations, entitled, ‘‘Preliminary Department will disclose to parties to
Bona Fide Sales Analysis.’’ the proceeding any calculations [Docket No.: 071121731–7735–01]
performed in connection with these
Preliminary Results of Review preliminary results within five days Solicitation of Applications for the
In accordance with 19 CFR after the date of the public Minority Business Enterprise Center
351.221(b)(4)(i), we have calculated an announcement of this notice. Pursuant (MBEC) Program
individual subsidy rate for Ahmadi, the to 19 CFR 351.309, interested parties AGENCY: Minority Business
only producer/exporter subject to this may submit written comments in Development Agency, Commerce.
proceeding, for the POR, i.e., calendar response to these preliminary results. ACTION: Notice.
year 2006. We preliminarily determine Unless otherwise indicated by the
that the total estimated net Department, case briefs must be SUMMARY: In accordance with 15 U.S.C.
countervailable subsidy rate is 0.00 submitted within 30 days after the Section 1512 and Executive Order
percent ad valorem. publication of these preliminary results. 11625, the Minority Business
We intend to issue the following cash Rebuttal briefs, which are limited to Development Agency (MBDA) is
deposit requirements, effective upon arguments raised in case briefs, must be soliciting competitive applications from
publication of the notice of final results submitted no later than five days after organizations to operate a Minority
of review for all shipments of subject the time limit for filing case briefs, Business Enterprise Center (MBEC) in
merchandise entered, or withdrawn unless otherwise specified by the the locations and geographical service
from warehouse, for consumption on or Department. Parties who submit areas specified in this notice. The MBEC
after the date of publication: (1) for argument in this proceeding are operates through the use of business
merchandise produced and exported by requested to submit with the argument: consultants and provides a range of
Ahmadi, the cash deposit rate will be (1) a statement of the issue, and (2) a business consulting and technical
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0.00 percent, (2) the rate calculated for brief summary of the argument. Parties assistance services directly to eligible
merchandise exported by Ahmadi but submitting case and/or rebuttal briefs minority-owned businesses.
not produced by Ahmadi, the cash are requested to provide the Department Responsibility for ensuring that
deposit rate will be the all–others rate copies of the public version on disk. applications in response to this
established in the original CVD Case and rebuttal briefs must be served competitive solicitation are complete

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