MESSAGE NO: 3206204 DATE: 07 25 2003
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 507 - 501 - -
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PERIOD COVERED: 01 01 2001 TO 12 31 2001

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN IN-SHELL (RAW)
PISTACHIOS FROM ISLAMIC REPUBLIC OF IRAN (C-507-501)



1. THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER ON July 11, 2003 2003 (68 FR 41310) THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER
(C-507-
501) ON CERTAIN IN-SHELL (RAW) PISTACHIOS FROM IRAN FOR THE
PERIOD JANUARY 1, 2001, THROUGH DECEMBER 31, 2001.

2. IMPORTS COVERED BY THIS REVIEW ARE RAW, IN-SHELL PISTACHIO
NUTS FROM WHICH THE HULLS HAVE BEEN REMOVED, LEAVING THE INNER
HARD SHELLS AND EDIBLE MEATS, FROM IRAN. THE MERCHANDISE UNDER
REVIEW IS CURRENTLY CLASSIFIABLE UNDER ITEM 0802.50.20.00 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS).
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
BUREAU OF CUSTOMS AND BORDER PROTECTION (BCBP) PURPOSES, OUR
WRITTEN DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS
DISPOSITIVE.

3. THE NET SUBSIDY WAS FOUND TO BE 60.77 PERCENT AD VALOREM FOR
THE PERIOD JANUARY 1, 2001, THROUGH DECEMBER 31, 2001.

4. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO LIQUIDATE ALL
SHIPMENTS OF CERTAIN IN SHELL (RAW) PISTACHIOS FROM IRAN,
EXPORTED BY THE PRODUCER/EXPORTER LISTED BELOW, AND ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
JANUARY 1, 2001, THROUGH DECEMBER 31, 2001.

ID NUMBER COMPANY NAME

C-507-501-004 RAFSANJAN PISTACHIOS PRODUCERS COOPERATIVE (RPPC)

5. FOR ALL SHIPMENTS OF CERTAIN IN SHELL (RAW) PISTACHIOS FROM
IRAN EXPORTED BY RAFSANJAN PISTACHIOS PRODUCERS COOPERATIVE
(RPPC) ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING
THE PERIOD JANUARY 1, 2001, THROUGH DECEMBER 31, 2001, ASSESS A
COUNTERVAILING LIABILITY EQUAL TO 60.77 PERCENT OF THE ENTERED
VALUE.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE BCBP ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT
BCBP PAYS INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON
UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAIL DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF
ESTIMATED COUNTERVAILING DUTIES IS REQUIRED THROUGH THE DATE OF
LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE
RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF
1954 FOR SUCH PERIOD.

7. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE DECEMBER 31, 2001, IS LIFTED. SUSPENSION
OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE EXPORTED AFTER
DECEMBER 31, 2001, WILL CONTINUE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY BCBP
OFFICERS, PLEASE CONTACT DARLA BROWN, OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT
(202) 482-2849 OR DARLA__BROWN AT ITA.DOC.GOV.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.


CATHY SAUCEDA