[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39045-39047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18734]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801]


Notice of Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Fresh and Chilled Atlantic Salmon from 
Norway

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Fresh and Chilled Atlantic Salmon from Norway

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SUMMARY: In response to a request from Nordic Group AS, an exporter of 
fresh and chilled Atlantic Salmon from Norway, and pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216 and 351.221(c) (3), the Department is initiating a changed 
circumstances review of the antidumping order on fresh and chilled 
Atlantic Salmon from Norway. Based on the information received, we 
preliminarily determine that Nordic Group AS is the successor-in-
interest to Nordic Group A/L for purposes of determining antidumping 
duty liability. Interested parties are

[[Page 39046]]

invited to comment on these preliminary results.

EFFECTIVE DATE: August 5, 2009.

FOR FURTHER INFORMATION CONTACT: John Conniff, Office of AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-1009.

Background

    Nordic Group A/L, as an exporter of subject fresh whole salmon from 
Norway to the U.S., requested a new shipper review (NSR) in 1995. See 
Antidumping Duty Order: Fresh and Chilled Atlantic Salmon from Norway, 
56 FR 14920 (April 12, 1991). The Department issued the final results 
of the NSR, giving Nordic Group A/L a dumping margin of 0.00[percnt] in 
1997. See Fresh and Chilled Salmon from Norway: Final Results of New 
Shipper Antidumping Duty Administrative Review, 62 FR 1430 (January 10, 
1997). On December 30, 2005, the Department published in the Federal 
Register the final results of the full sunset review of the antidumping 
duty order on fresh and chilled Atlantic Salmon from Norway. See Fresh 
and Chilled Atlantic Salmon from Norway: Final Results of the Full 
Sunset Review of Antidumping Duty Order, 70 FR 77378 (December 30, 
2005) (Norwegian Salmon Order).
    On June 12, 2009, Nordic Group AS filed a request for a changed 
circumstances review of the Norwegian Salmon Order, claiming that 
Nordic Group A/L changed its name to Nordic Group AS. Nordic Group AS 
requested that it receive the same antidumping duty treatment as is 
accorded to Nordic Group A/L. In addition, Nordic Group AS submitted 
documentation in support of its claim. Nordic Group AS requested that 
the Department combine the notice of initiation of the review and the 
preliminary results of review in a single notice as this review 
essentially involves only corporate name changes.

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, 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. 
Atlantic salmon is currently provided for under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 0302.12.0003 and 
0302.12.0004. The HTSUS subheadings are provided for convenience and 
customs purposes. The written description remains dispositive as to the 
scope of the product coverage.

Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of a request from 
an interested party or receipt of information concerning an antidumping 
duty order which shows changed circumstances sufficient to warrant a 
review of the order. On June 12, 2009, Nordic Group AS submitted its 
request for a changed circumstances review. With its request, Nordic 
Group AS submitted certain information related to its claim that Nordic 
Group A/L changed its name to Nordic Group ASA and subsequently to 
Nordic Group AS., and that none of these name changes have affected the 
company's management, sales operations, supplier relationships or 
customer based in any meaningful way. In accordance with section 751(b) 
of the Act and 19 CFR 351.216, the Department has determined that there 
is a sufficient basis to initiate a changed circumstances review to 
determine whether Nordic Group AS is the successor-in-interest to 
Nordic A/L.
    In making a successor-in-interest determination in antidumping 
proceedings, the Department typically examines several factors 
including, but not limited to: (1) management; (2) production 
facilities; (3) supplier relationships, and (4) customer base. See, 
e.g., Brass Sheet and Strip from Canada: Final Results of Antidumping 
Duty Administrative Review, 57 FR 20460, 20462 (May 13, 1992) and 
Certain Cut-To-Length Carbon Steel Plate from Romania: Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, 70 FR 22847 (May 3, 2005) (Plate from Romania), 
unchanged in the Notice of Final Results of Antidumping Duty Changed 
Circumstances Review: Certain Cut-to-Length Carbon Steel Plate from 
Romania, 70 FR 35624 (June 21, 2005). While no single factor or 
combination of factors will necessarily be dispositive, the Department 
generally will consider the new company to be the successor to the 
predecessor company if the resulting operations are essentially the 
same as those of the predecessor company. See, e.g., Industrial 
Phosphoric Acid from Israel: Final Results of Antidumping Duty Changed 
Circumstances Review, 59 FR 6944, 6945 (February 14, 1994), and Plate 
from Romania, 70 FR 22847. Thus, if the record evidence demonstrates 
that, with respect to the production and sale of the subject 
merchandise, the new company operates as the same business entity as 
the predecessor company, the Department may assign the new the company 
the cash deposit rate of its predecessor. See, e.g., Fresh and Chilled 
Atlantic Salmon from Norway: Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 
1999).
    In accordance with 19 CFR 351.221(c)(3)(i), we preliminarily 
determine that Nordic Group AS is the successor-in-interest to Nordic 
Group A/L. In its June 12, 2009, submission Nordic Group AS provided 
evidence supporting its claim to be the successor-in-interest to Nordic 
Group A/S. In its June 12, 2009, submission, Nordic Group AS states 
that during the course of the new shipper review, Nordic Group A/L (A/L 
indicating a cooperative), notified the Department that it had changed 
its name to Nordic Group ASA (indicating a publicly held limited 
liability company). Further, since that time, the name of the company 
was changed from Nordic Group ASA to its current name, Nordic Group AS 
(indicating a privately held limited liability company). Nordic Groups 
AS claims that these name changes have not affected the company's 
management, sales operations, supplier relationships, or customer base 
in a meaningful way. This documentation consists of: (1) a affidavit of 
the CEO and Chairman of the Board of Nordic Group AS; (2) a Nordic 
Group A/L sales flyer showing the brand name ``Fjord Fresh''; (3) a 
Nordic Group AS sales flyer showing the brand name ``Fjord Fresh''; (4) 
supplier lists for both Nordic Group A/L and Nordic Group AS; and (5) a 
listing of current customers and customers from 1997.
    The documentation described above demonstrates that there was 
little to no change in management structure, sales operations, supplier 
relationships, or customer base. For these reasons, we preliminarily 
find that Nordic Group AS

[[Page 39047]]

is the successor-in-interest to Nordic Group A/L and, thus, should 
receive the same antidumping duty treatment with respect to fresh and 
chilled Atlantic Salmon from Norway.
    When ``expedited action is warranted,'' the Department may publish 
the notice of initiation and preliminary determination concurrently. 
See 19 CFR 351.221(c)(3)(ii); see also Granular Polytetrafluoroethyline 
Resin from Italy: Initiation and Preliminary Results of Antidumping 
Changed Circumstances Review, 68 FR 13672 (March 20, 2003). The 
Department has determined that such action is warranted because Nordic 
Group AS has provided prima facie evidence that Nordic Group AS is the 
successor-in-interest, and we have the information necessary to make a 
preliminary finding already on the record.
    Based on the record evidence, we find that Nordic Group AS operates 
as the same business entity as Nordic Group A/L. Thus, we preliminarily 
determine that Nordic Group AS is the successor-in-interest to Nordic 
Group A/L.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Case briefs from interested parties may be submitted not later 
than 14 days after the date of publication of this notice. Rebuttal 
briefs, limited to the issues raised in those comments, may be filed 
not later than 21 days after the date of publication of this notice. 
All written comments shall be submitted in accordance with 19 CFR 
351.303. Any interested party may request a hearing within 14 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 30 days after the date of publication of this notice, or the 
first workday thereafter. Persons interested in attending the hearing, 
if one is requested, should contact the Department for the date and 
time of the hearing. In accordance with 19 CFR 351.216(e), the 
Department will issue the final results of its antidumping duty changed 
circumstances review not later than 270 days after the date on which 
the review is initiated, or within 45 days if all parties agree to our 
preliminary results.
    During the course of this antidumping duty changed circumstances 
review, cash deposit requirements for the subject merchandise exported 
by Nordic Group AS will continue to be the all others rate established 
in the investigation. See Antidumping Duty Order: Fresh and Chilled 
Atlantic Salmon from Norway, 56 FR 14920 (April 12, 1991). The cash 
deposit rate will be altered, if warranted, pursuant only to the final 
results of this review.
    We are issuing and publishing these preliminary results and notice 
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act 
and 19 CFR 351.216.

    Dated: July 28, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-18734 Filed 8-4-09; 8:45 am]
BILLING CODE 3510-DS-S