[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Notices]
[Page 51012-51013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-32]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-403-801]
Fresh and Chilled Atlantic Salmon From Norway: Preliminary
Results of the Full Sunset Review of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 2, 2005, the Department of Commerce (the
Department) initiated a sunset review of the antidumping duty order on
fresh and chilled Atlantic salmon from Norway (Salmon from Norway) (70
FR 5415) pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). On the basis of substantive responses filed by
domestic and respondent interested parties, the Department determined
to conduct a full review. As a result of this review, the Department
preliminarily finds that revocation of the antidumping duty order would
likely lead to continuation or recurrence of dumping at the levels
indicated in the Preliminary Results of Review section of this notice.
EFFECTIVE DATE: August 29, 2005.
FOR FURTHER INFORMATION CONTACT: Zev Primor, AC/CVD Operations, Office
IV, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC , 20230; telephone: 202-482-4114.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by this order is the species Atlantic salmon
(Salmon Salar) marketed as specified herein; the order excludes all
other species of salmon: Danube salmon, Chinook (also called ``king''
or ``quinnat''), Coho (``silver''), Sockeye (``redfish'' or
``blueback''), Humpback (``pink'') and Chum (``dog''). Atlantic salmon
is a whole or nearly-whole fish, typically (but not necessarily)
marketed gutted, bled, and cleaned, with the head on. The subject
merchandise is typically packed in fresh-water ice (``chilled'').
Excluded from the subject merchandise are fillets, steaks and other
cuts of Atlantic salmon. Also excluded are frozen, canned, smoked or
otherwise processed Atlantic salmon. Atlantic salmon was classifiable
under item number 110.2045 of the Tariff Schedules of the United States
Annotated (``TSUSA''). Atlantic salmon is currently provided for under
the Harmonized Tariff Schedules of the United States (``HTSUS'')
subheadings 0302.12.0003 and 0302.12.0004.\1\ The HTSUS subheadings are
provided for convenience and customs purposes. The
[[Page 51013]]
written description remains dispositive as to the scope of the product
coverage.
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\1\ Prior to January 1, 1990, Atlantic salmon was provided for
under item numbers 0302.0060.8 and 0302.12.0065.3 of HTSUS (56 FR
7678, February 25, 1991). In 1992, the HTSUS subheading for Atlantic
salmon was revised. Specifically, the HTSUS subheading of
0302.12.00.02.9 was divided into two different subheadings:
0302.12.0003 (Farmed) and 0302.12.0004 (Not farmed).
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There have been no scope rulings for the subject order. There was
one changed circumstances determination in which the Department
affirmed that Kinn Salmon A/S was the successor-in-interest to
Skaarfish Group A/S. See Fresh and Chilled Atlantic Salmon From Norway;
Final Results of Changed Circumstance Antidumping Duty Administrative
Review, 64 FR 9979 (March 1, 1999).
Background
On February 2, 2005, the Department published its notice of
initiation of the second sunset review of the antidumping duty order on
Salmon from Norway, in accordance with section 751(c) of the Act. See
Notice of Initiation of Five-Year (``Sunset'') Reviews, 70 FR 5415
(February 2, 2005). The Department received Notices of Intent to
Participate on behalf of Heritage Salmon Company, Inc., and Atlantic
Salmon of Maine (collectively, ``petitioners''), within the applicable
deadline specified in section 351.218(d)(1)(i) of the Department's
regulations. Petitioners claimed interested party status pursuant to
sections 771(9)(C) and (D) of the Act. The Department received a
complete substantive response to the notice of initiation from
petitioners within the 30-day deadline specified in the Department's
regulations under section 351.218(d)(3)(i). The Department also
received a complete substantive response from respondent interested
parties, The Norwegian Seafood Federation (NSF) and The Norwegian
Seafood Association (NSA) (collectively ``respondents''), within the
applicable deadline specified in section 351.218(d)(3)(i). On March 9,
2005, the Department received rebuttal comments from respondents.
Additionally, on February 25, 2005 and March 9, 2005, petitioners filed
comments challenging the standing of the respondents in this
proceeding. On March 4, March 11 and March 16, 2005, respondents
rebutted petitioners' comments pertaining to their standing and filed
comments challenging petitioners' standing in this proceeding.
Section 351.218(e)(1)(ii)(A) of the Department's regulations
provides that the Secretary normally will conclude that respondents
have provided an adequate response to a notice of initiation where it
receives complete substantive responses from respondent interested
parties accounting on average for more than 50 percent, by volume, or
value, if appropriate, of the total exports of the subject merchandise
to the United States over the five calender years preceding the year of
publication of the notice of initiation. On April 13, 2005, the
Department determined that respondents have standing in the instant
review and also that their filings constituted an adequate response to
the notice of initiation. In accordance with section 351.218(e)(2)(i)
of the Department's regulations, the Department determined to conduct a
full sunset review of this antidumping duty order. See Memorandum from
the Sunset Team to Ronald Lorentzen, Acting Director, Office of Policy.
On April 25, 2005, all parties submitted comments pertaining to the
Department's April 13, 2005, decision to grant respondents standing in
this proceeding and to accept respondents' filings as adequate.
On May 13, 2005, the Department determined that the sunset review
of the antidumping duty order on Salmon from Norway is extraordinarily
complicated, and, therefore, we extended the time limit for completion
of the final results of this review until not later than December 29,
2005, in accordance with section 751(c)(5)(B) of the Act. See Extension
of Time Limits for Preliminary Results and Final Results of the Full
Sunset Review of the Antidumping Duty Order on Fresh and Chilled
Atlantic Salmon from Norway and the Final Results of the Expedited
Sunset Review of the Countervailing Duty Order on Fresh and Chilled
Atlantic Salmon from Norway, 70 FR 25537 (May 13, 2005).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this sunset review are addressed in the ``Issues and Preliminary
Decision Memorandum'' (Preliminary Decision Memorandum) from Barbara E.
Tillman, Acting Deputy Assistant Secretary for Import Administration,
to Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, dated August 22, 2005, which is hereby adopted and
incorporated by reference into this notice. The issues discussed in the
attached Preliminary Decision Memorandum include the likelihood of
continuation or recurrence of dumping and the magnitude of the margin
likely to prevail were the order revoked. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit, room B-099, of the main Commerce building.
In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Web at http://www.ita.doc.gov/import_admin/records/frn/
under the heading ``Norway 2005.'' The paper
copy and electronic version of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
We preliminarily determine that revocation of the antidumping duty
order on Salmon from Norway would be likely to lead to continuation or
recurrence of dumping at the following weighted-average margins:
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Manufacturer/Exporter Margin (percent)
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Salmonor A/S........................................ 18.39
Sea Star International.............................. 24.61
Skaarfish Mowi A/S.................................. 15.65
Fremstad Group A/S.................................. 21.51
Domstein and Co..................................... 31.81
Saga A/S............................................ 26.55
Chr. Bjelland....................................... 19.96
Hallvard Leroy A/S.................................. 31.81
All Others.......................................... 23.80
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This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
This notice serves as the preliminary reminder to parties subject
to administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305 of the Department's regulations.
Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Dated: August 22, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4718 Filed 8-26-05; 8:45 am]
BILLING CODE 3510-DS-S