[Federal Register: July 25, 2003 (Volume 68, Number 143)]
[Notices]
[Page 44043-44045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy03-36]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-337-803]
Fresh Atlantic Salmon from Chile: Final Results of Antidumping
Duty Changed Circumstances Review, Revocation of Order, and Rescission
of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Final results of antidumping duty changed circumstances review;
revocation of order; and rescission of administrative review.
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SUMMARY: On May 23, 2003, the Department of Commerce (the Department)
published a notice of initiation of a changed circumstances review with
the intent to revoke the antidumping order on fresh Atlantic salmon
from Chile. See Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Fresh Atlantic Salmon from Chile, 68 FR 28196
(May 23, 2003) (Initiation Notice). On July 1, 2003, based on the fact
that domestic parties have expressed no interest in the continuation of
the order, the Department published the preliminary results of the
changed circumstances review and preliminarily revoked this order,
retroactive to July 1, 2001, with respect to entries of fresh Atlantic
salmon from Chile. See Notice of Preliminary Results of Antidumping
Duty Changed Circumstances Review: Fresh Atlantic Salmon from Chile, 68
FR 39058 (July 1, 2003) (Preliminary Results). We gave interested
parties an opportunity to comment on both the Initiation Notice and the
Preliminary Results, but received no comments. Therefore, the
Department hereby revokes the order on fresh Atlantic salmon from Chile
for all entries that were entered, or withdrawn from the warehouse, on
or after July 1, 2001, the first day after the last completed
administrative review in this proceeding. As the result of the
revocation of the order, the Department also is rescinding the on-going
administrative review of fresh Atlantic salmon from Chile covering the
period July 1, 2001, through June 30, 2002.
EFFECTIVE DATE: July 25, 2003.
FOR FURTHER INFORMATION CONTACT: Keith Nickerson or Constance Handley,
at (202) 482-3813 or (202) 482-0631, respectively; AD/CVD Enforcement
Office 5, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 1998, the Department issued an antidumping duty (AD)
order on fresh Atlantic salmon from Chile. See Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Fresh Atlantic Salmon from Chile, 63 FR 40699
(July 30, 1998). On July 1, 2002, the Department issued a notice of
opportunity to request the fourth administrative review of this order.
See Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 67 FR
44172 (July 1, 2002).
On July 31, 2002, in accordance with 19 CFR 351.213(b)(2003), L.R.
Enterprises, Inc. (L.R. Enterprises) requested a review of 90
producers/exporters of fresh Atlantic salmon. Twelve respondents also
requested reviews of themselves. On August 27, 2002, the Department
published the notice of initiation of this AD administrative review,
covering the period July 1, 2001, through June 30, 2002. See Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 67 FR 55000 (August 27, 2002). L.R.
Enterprises subsequently withdrew its request for review of all but 13
of these companies. For a detailed discussion of L.R. Enterprises'
withdrawals, as well as a listing of which respondents requested
reviews, see Notice of Partial Rescission of Antidumping Duty
Administrative Review: Fresh Atlantic Salmon from Chile, 67 FR 76378
(December 12, 2002).
On April 29, 2003, L.R. Enterprises withdrew its request that the
Department conduct reviews of the remaining 13 producers/exporters of
fresh Atlantic salmon from Chile. Furthermore, L.R. Enterprises stated
that it had no interest in maintaining the AD order. Subsequently, by
letters dated April 29, 2003, five U.S. producers of fresh Atlantic
salmon including
[[Page 44044]]
Heritage Salmon Inc., Maine Nordic Salmon, Stolt Sea Farms Inc.,
Cypress Island Inc., and Atlantic Salmon of Maine, requested that the
Department initiate a changed circumstances review for the purpose of
revoking the AD order on the subject merchandise. On May 2 and 7, 2003,
L. R. Enterprises and Trumpet Island Salmon Farm Inc., respectively,
submitted their requests to the Department for the initiation of a
changed circumstances review for the purpose of revoking the AD order.
All parties requested that the Department grant revocation of the AD
order retroactive to July 1, 2001, the first day of the period of
review covered by the on-going fourth administrative review.
On May 23, 2003, the Department published a notice of initiation of
a changed circumstances review with the intent to revoke the AD order
on fresh Atlantic salmon from Chile. In the Initiation Notice, we
indicated that interested parties could submit comments for
consideration in the Department's preliminary results no later than 20
days after publication of the initiation of the review, and submit
rebuttal to those comments no later than 10 days following the
submission of comments. We did not receive any comments on the
Initiation Notice.
On July 1, 2003, the Department published the preliminary results
of the changed circumstances review and preliminarily revoked this
order with respect to all unliquidated entries for all entries of fresh
Atlantic salmon from Chile that were entered, or withdrawn from the
warehouse, on or after July 1, 2001, based on the fact that domestic
parties have expressed no interest in continuation of the order. In
addition, we stated our intention to rescind the fourth administrative
review. In the Preliminary Results, we stated that interested parties
could submit case briefs to the Department no later than 10 days after
the publication of the Preliminary Results notice in the Federal
Register, and submit rebuttal briefs, limited to the issues raised in
those case briefs, five days subsequent to this due date. We did not
receive any comments on the Preliminary Results.
Scope of the Order
The product covered by this order is fresh, farmed Atlantic salmon,
whether imported ``dressed'' or cut. Atlantic salmon is the species
Salmo salar, in the genus Salmo of the family salmoninae. ``Dressed''
Atlantic salmon refers to salmon that has been bled, gutted, and
cleaned. Dressed Atlantic salmon may be imported with the head on or
off; with the tail on or off; and with the gills in or out. All cuts of
fresh Atlantic salmon are included in the scope of the order. Examples
of cuts include, but are not limited to: crosswise cuts (steaks),
lengthwise cuts (fillets), lengthwise cuts attached by skin (butterfly
cuts), combinations of crosswise and lengthwise cuts (combination
packages), and Atlantic salmon that is minced, shredded, or ground.
Cuts may be subjected to various degrees of trimming, and imported with
the skin on or off and with the ``pin bones'' in or out.
Excluded from the scope are (1) fresh Atlantic salmon that is ``not
farmed'' (i.e., wild Atlantic salmon); (2) live Atlantic salmon; and
(3) Atlantic salmon that has been subject to further processing, such
as frozen, canned, dried, and smoked Atlantic salmon, or processed into
forms such as sausages, hot dogs, and burgers.
The merchandise subject to this order is classifiable as item
numbers 0302.12.0003 and 0304.10.4093 of the Harmonized Tariff Schedule
of the United States (HTSUS). Although the HTSUS statistical reporting
numbers are provided for convenience and customs purposes, the written
description of the merchandise is dispositive.
Final Results of Changed Circumstances Review and Revocation of the AD
Order
Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of
1930, as amended (the Act), the Department may revoke an antidumping or
countervailing duty order, in whole or in part, based on a review under
section 751(b) of the Act (i.e., a changed circumstances review).
Section 751(b)(1) of the Act requires a changed circumstances review to
be conducted upon receipt of a request which shows changed
circumstances sufficient to warrant review of a final affirmative
antidumping determination. The Department's regulations at 19 CFR
351.222(g)(2) provide that the Department will conduct a changed
circumstances review under 19 CFR 351.216 if the Secretary concludes
from the available information that changed circumstances sufficient to
warrant revocation or termination exist. The Department may revoke an
order (in whole or in part), if the Secretary determines that: (i)
producers accounting for substantially all of the production of the
domestic like product to which the order (or the part of the order to
be revoked) pertains have expressed a lack of interest in the relief
provided by the order, in whole or in part, or (ii) if other changed
circumstances sufficient to warrant revocation exist. 19 CFR
351.222(g)(1)(i); See also Certain Tin Mill Products From Japan: Final
Results of Changed Circumstances Review, 66 FR 52109 (October 12, 2001)
and 19 CFR 351.208(c). According to the record of this case, the
following are all of the known U.S. producers of fresh Atlantic salmon:
L.R. Enterprises, Heritage Salmon Inc., Maine Nordic Salmon, Stolt Sea
Farms Inc., Cypress Island Inc., Atlantic Salmon of Maine, and Trumpet
Island Salmon Farm Inc. Based upon the statement of no interest by the
U.S. producers referenced above and the fact that the Department did
not receive any comments during the comment periods following the
initiation and preliminary results of this review, the Department
hereby revokes this order for all entries of fresh Atlantic salmon from
Chile that were entered, or withdrawn from warehouse, on or after July
1, 2001, the first day after the last completed administrative review
in this proceeding, in accordance with sections 751(b) and (d) and
782(h) of the Act and 19 CFR 351.216.
Rescission of Antidumping Duty Administrative Review
On August 27, 2002, the Department published in the Federal
Register (67 FR 55000) a notice of initiation of an administrative
review for the period July 1, 2001, through June 30, 2002. As the
result of the revocation of the order, the Department is rescinding the
on-going administrative review of fresh Atlantic salmon from Chile
pursuant to section 751(d)(3) of the Act.
Instructions to the Customs Service
In accordance with 19 CFR 351.222, the Department will instruct the
U.S. Bureau of Customs and Border Protection (BCBP) to terminate the
suspension of liquidation and to liquidate, without regard to
antidumping duties, all unliquidated entries of fresh Atlantic salmon
from Chile, entered, or withdrawn from warehouse, on or after July 1,
2001, which is the first day after the last completed review covering
the 2001-2002 review period. The Department will further instruct the
BCBP to refund with interest any estimated duties collected with
respect to unliquidated entries of fresh Atlantic salmon from Chile
entered, or withdrawn from warehouse, on or after July 1, 2001, in
accordance with section 778 of the Act.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written
[[Page 44045]]
notification of the return/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 sanctionable violation.
This notice of final results of antidumping duty changed
circumstances review and revocation of the antidumping duty order are
in accordance with sections 751(b) and (d), and 777(i) of the Act and
19 CFR 351.222(g). The 2001-2002 antidumping duty administrative review
of fresh Atlantic salmon from Chile is rescinded in accordance with
section 751(d)(3) of the Act.
Dated: July 21, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary.
[FR Doc. 03-19022 Filed 7-24-03; 8:45 am]