Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Notices 57855 

findings should be considered final. 

Only after the Board has considered a 

final staff presentation and approved the 

staff report next year will there be an 

approved final record of this incident. 

The meeting will be open to the 

public. Please notify CSB if a translator 

or interpreter is needed, at least 5 

business days prior to the public 

meeting. For more information, please 

contact the Chemical Safety and Hazard 

Investigation Board at (202) 261–7600, 

or visit our Web site at: www.csb.gov. 

Christopher W. Warner, 

General Counsel. 

[FR Doc. 05–20022 Filed 9–30–05; 3:35 pm] 

BILLING CODE 6350–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–507–502] 

Certain In–Shell Pistachios from Iran; 

Final Results of the Expedited Sunset 

Review of the Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 1, 2005, the 

Department of Commerce (the 

Department) initiated a sunset review of 

the antidumping duty order on certain 

in–shell raw pistachios from Iran, 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (the Act). On 

the basis of a notice of intent to 

participate and an adequate substantive 

response filed on behalf of domestic 

interested parties and an inadequate 

response from respondent interested 

parties, the Department conducted an 

expedited (120-day) sunset review. As a 

result of this sunset review, the 

Department finds that revocation of the 

antidumping duty order would likely 

lead to the continuation or recurrence of 

dumping. The dumping margins are 

identified in the Final Results of Review 

section of this notice. 

EFFECTIVE DATE: October 4, 2005. 

FOR FURTHER INFORMATION Dana 

Mermelstein, AD/CVD Operations, 

Office 6, or John Drury, 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) 482–1391 or (202) 482–

0195, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 1, 2005, the Department 

initiated a sunset review of the 

antidumping duty order on in–shell 

pistachios from Iran pursuant to section 

751(c) of the Act. See Initiation of Fiveyear (‘‘Sunset’’) Reviews, 70 FR 9919 

(March 1, 2005). The Department 

received notices of intent to participate 

from two domestic interested parties, 

Cal–Pure Pistachios, Inc. (Cal–Pure) and 

the California Pistachio Commission 

(CPC) together with the Western 

Pistachio Association (WPA) 

(collectively, domestic interested 

parties), within the deadline specified 

in 19 CFR 351.218(d)(1)(i). Domestic 

interested parties claimed interested 

party status under sections 771(9)(C), (E) 

and (F) of the Act as U.S. producers of 

the domestic like product, trade or 

business associations, a majority of 

whose members produce the domestic 

like product, and associations, a 

majority of whose members is composed 

of interested parties. We received 

complete substantive responses from 

one domestic interested party, CPC/ 

WPA, within the 30-day deadline 

specified in 19 CFR 351.218(d)(3)(I). 

The Department also received a 

response from Rafsanjan Pistachio 

Producers Cooperative (RPPC), a 

respondent interested party. However, 

the Department determined that the 

response from RPPC was inadequate. 

The Department notified the 

International Trade Commission (ITC) 

in writing of its finding of inadequate 

response and intention to conduct an 

expedited sunset review. See Letter from 

Kelly Parkhill, Director, Industry 

Support & Analysis, Office of Policy, 

Import Administration, to Robert 

Carpenter, Director, Office of 

Investigations, International Trade 

Commission, dated April 20, 2005. As a 

result, pursuant to section 751(c)(3)(B) 

of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), the Department 

conducted an expedited sunset review 

of this order. 

Scope of the Order 

The product covered by the 

antidumping duty order is raw, in–shell 

pistachio nuts from which the hulls 

have been removed, leaving the inner 

hard shells, and edible meats from Iran. 

This merchandise is currently provided 

for in subheading 0802.50.20.00 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheading is provided for 

convenience and customs purposes, the 

Department’s written description of the 

merchandise under order is dispositive. 

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed in the ‘‘Issues and 

Decision Memorandum’’ from Barbara 

E. Tillman, Acting Deputy Assistant 

Secretary for Import Administration, to 

Holly A. Kuga, Acting Assistant 

Secretary for Import Administration, 

dated September 27, 2005, (‘‘Decision 

Memorandum’’), which is hereby 

adopted by this notice. The issues 

discussed in the Decision Memorandum 

include the likelihood of continuation 

or recurrence of dumping and the 

magnitude of the margin likely to 

prevail if the order were revoked. 

Parties can find a complete discussion 

of all issues raised in this sunset review 

and the corresponding 

recommendations in this public 

memorandum, which is on file in room 

B–099 of the main Department building. 

In addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Web at http:// 

ia.ita.doc.gov/frn/index.html. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Final Results of Review 

We determine that revocation of the 

antidumping duty order on in–shell 

pistachios from Iran would likely lead 

to continuation or recurrence of 

dumping at the following percentage 

weighted–average margins: 

Manufacturers/Exporters/Producers 

Weighted– 

Average 

Margin 

(Percent) 

RPPC .......................................... 241.14 

Nima/Maghsoudi ......................... 241.14 

Nima/Razi ................................... 241.14 

All Other Iranian Growers/Producers and Exporters .............. 241.14 

This notice also serves as the only 

reminder to parties subject to 

administrative protective orders (APO) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305 of the 

Department’s regulations. Timely 

notification of the return or 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. 

We are issuing and publishing the 

results and notice in accordance with 

sections 751(c), 752, and 777(i)(1) of the 

Act. 

Dated: September 27, 2005. 

Holly A. Kuga, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19883 Filed 10–3–05; 8:45 am] 

BILLING CODE 3510–DS–S