[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Notices]
[Page 28196-28197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-51]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-337-803]
Notice of Initiation of Antidumping Duty Changed Circumstances
Review: Fresh Atlantic Salmon from Chile
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR 351.216(b)(2003) of the Department of
Commerce's (the Department's) regulations, L.R. Enterprises, Inc. (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., U.S. producers of fresh Atlantic salmon, each
filed a request for a changed circumstances review of the antidumping
duty (AD) order on fresh Atlantic salmon from Chile. Specifically, the
parties request 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. The domestic
industry has affirmatively expressed a lack of interest in the
continuation of the order. In response to the request, the Department
is initiating a changed circumstances review with respect to the AD
order on fresh Atlantic salmon from Chile.
EFFECTIVE DATE: May 23, 2003.
FOR FURTHER INFORMATION CONTACT: Keith Nickerson or Constance Handley,
at (202) 482-3813 or (202) 482-0631, respectively; AD/CVD Enforcement
Office V, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, D.C. 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 1998, the Department issued an 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), L.R.
Enterprises requested a review of 90 producers/exporters of fresh
Atlantic salmon. 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) (Partial
Rescission Notice).
On April 29, 2003, L.R. Enterprises withdrew all requests for
administrative reviews of the 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
Heritage Salmon Inc., Maine Nordic Salmon, Stolt Sea Farms Inc.,
Cypress Island Inc., and Atlantic Salmon of
[[Page 28197]]
Maine, requested that the Department initiate a changed circumstances
review for the purposes 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 request 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.
In accordance with 19 CFR 351.222(g), due to the lack of the
domestic industry's interest, the Department finds that changed
circumstances sufficient to warrant revocation may exist. Therefore,
the Department is initiating a changed circumstances review under 19
CFR 351.216. This initiation will enable the Department to solicit
comments from all interested parties to determine whether substantially
all of the domestic producers support revocation of the order with
respect to the subject merchandise. See Certain Tin Mill Products from
Japan: Final Results of Changed Circumstances Review, 66 FR 52109
(October 12, 2001).
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.
Initiation of Changed Circumstances Antidumping Duty Administrative
Review
Pursuant to sections 751(d)(1) and 782(h)(2) of 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. Section
351.222(g)(2) of the Department's regulations provides 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
may 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. In this context, the Department has
interpreted ``substantially all'' production normally to mean at least
85 percent of domestic production of the like product. See Certain Tin
Mill Products From Japan: Final Results of Changed Circumstances
Review, 66 FR 52109 (October 12, 2001); see also, 19 CFR 351.208(c).
According to the record of this case the following are 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, the
Department determines that changed circumstances sufficient to warrant
revocation may exist. Therefore, the Department is initiating this
changed circumstances review.
We will publish in the Federal Register a notice of preliminary
results of the AD changed circumstances review, in accordance with 19
CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the
factual and legal conclusions upon which our preliminary results are
based and a description of any action proposed based on those results.
As per 19 CFR 351.221(b)(4), interested parties will have an
opportunity to comment. Interested parties may submit comments for
consideration in the Department's preliminary results not later than 20
days after publication of this notice. Rebuttals to those comments may
be submitted not later than 10 days following submission of the
comments. All written comments must be submitted to the Department and
served on all interested parties on the Department's service list in
accordance with 19 CFR 351.303. The Department will issue its final
results of review no later than 270 days after publication of this
notice of initiation. During the course of this changed circumstances
review, the current requirement for a cash deposit of estimated
antidumping duties on all subject merchandise, including the
merchandise subject to this changed circumstances review, will continue
unless and until it is modified pursuant to the final results of this
changed circumstances review or other administrative review.
This notice is in accordance with sections 751(b)(1) and 777(I)(1)
of the Act and 19 CFR 351.216, 351.221(b), and 351.222(g)(3)(I).
Dated: May 16, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-13027 Filed 5-22-03; 8:45 am]