MESSAGE NO: 5234202 DATE: 08 22 2005
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 507 - 601 - -
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PERIOD COVERED: 01 01 2003 TO 12 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR CERTAIN IN-SHELL ROASTED PISTACHIOS
FROM THE ISLAMIC REPUBLIC OF IRAN (C-507-601)


1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER
ON IN-SHELL ROASTED PISTACHIOS FROM THE ISLAMIC REPUBLIC OF IRAN
(C-507-601) FOR THE PERIOD 01/01/2003 THROUGH 12/31/2003.

2. THE MERCHANDISE COVERED BY THESE INSTRUCTIONS IS ALL
IN-SHELL ROASTED PISTACHIO NUTS, WHETHER ROASTED IN IRAN OR
ELSEWHERE, FROM WHICH THE HULL HAS BEEN REMOVED, LEAVING THE
INNER HARD SHELLS AND THE EDIBLE MEAT, AS CURRENTLY CLASSIFIABLE
IN THE HTSUS UNDER ITEM NUMBER 0802.50.20.00. ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS
PROCEEDING IS DISPOSITIVE.

3. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE EXPORTED ON OR AFTER JANUARY 1, 2003, AND ON OR
BEFORE DECEMBER 31, 2003.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

ROASTED IN-SHELL PISTACHIOS FROM THE ISLAMIC REPUBLIC OF IRAN


MANUFACTURERS/ CASE NUMBER PERIOD RATE
EXPORTERS

ALL OTHERS (C-507-601-000) 01/01/2003 - 12/31/2003 317.89%

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR BEFORE DECEMBER 31, 2003 IS LIFTED
FOR THE MANUFACTURERS LISTED ABOVE IN PARAGRAPH 4. DO NOT
LIQUIDATE ENTRIES EXPORTED BY TEHRAN NEGAH NIMA TRADING COMPANY
INC. UNTIL INSTRUCTIONS ARE SENT. THE SUSPENSION OF LIQUIDATION
FOR ALL SHIPMENTS OF THE MERCHANDISE LISTED ABOVE EXPORTED AFTER
DECEMBER 31, 2003 WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP SERVICE
ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS OR ASSESS
INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED COUNTERVAILING DUTIES. INTEREST SHALL BE CALCULATED
FROM THE ENTRY DATE OR DATE OF DEPOSIT, WHICHEVER IS LATER, OF
ESTIMATED COUNTERVAILING DUTIES 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. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY U.S.
CUSTOMS AND BORDER PROTECTION OFFICERS, THE IMPORTING PUBLIC OR
INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM
AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY
O3:GL).

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

CATHY SAUCEDA