[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32370-32371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13780]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-403-801]
Final Results of Antidumping Duty Changed Circumstances Review:
Fresh and Chilled Atlantic Salmon from Norway
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Final Results of Antidumping Duty Changed Circumstances Review:
Fresh and Chilled Atlantic Salmon from Norway
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SUMMARY: On August 5, 2009, the Department of Commerce (Department)
initiated a changed circumstances review of the antidumping order on
fresh and chilled Atlantic Salmon from Norway and preliminarily
determined that Nordic Group AS is the successor-in-interest to Nordic
Group A/L for purposes of determining antidumping duty liability. We
received comments from interested parties. Based on our analysis, we
are now affirming our preliminary results.
EFFECTIVE DATE: June 8, 2010.
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.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 1991, the Department issued the order on fresh and
chilled Atlantic Salmon from Norway. See Antidumping Duty Order: Fresh
and Chilled Atlantic Salmon from Norway, 56 FR 14920 (April 12, 1991)
(Norwegian Salmon Order). 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. The Department issued the final results of the
NSR in which it calculated a de minimis margin for Nordic Group A/L.
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
[[Page 32371]]
77378 (December 30, 2005) (Sunset Final), and continued the order in
2005.
On June 12, 2009, Nordic Group AS (respondent) 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 of its management, sales operations, supplier
relationships and customer base in support of its claim. Nordic Group
AS requested further 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.
On August 5, 2009, the Department published its Notice of
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review: Fresh and Chilled Atlantic Salmon from Norway, 74
FR, August 5, 2009) (Initiation and Preliminary Notice) determining
that expedited action was warranted because Nordic Group AS had
provided prima facia evidence that Nordic Group AS is the successor-in-
interest and operates as the same business entity as Nordic Group A/L.
On August 26, 2009, Cooke Aquaculture Inc. (``the petitioner'')
filed a case brief in response to the Department's Initiation and
Preliminary Notice requesting that the Department conduct a full 270-
day investigation of the proceeding and within its brief submitted new
information in support of its allegations that the Nordic Group AS
failed to provide full descriptions of its operation and organization.
On September 16, 2009, the respondent submitted a case brief rebutting
petitioners' assertions, which also included new information.
Under 19 CFR 351.301(b), parties will have ``140 days after the
date of publication of notice of initiation of the review to submit new
factual information, except that factual information requested by the
verifying officials.'' Thus, parties had until December 23, 2009, to
submit new information and argument. Accordingly, the Department
accepted all of the new factual information supplied by both parties on
the record submitted before the December 23, 2009, deadline. Further,
in light of the new information on the record, on April 6, 2010, the
Department issued an additional briefing schedule inviting parties to
brief the new information in addition to what was already on the
record. We received case and rebuttal briefs from both parties on April
13, 2010, and April 20, 2010.
On April 30, 2010 the Department determined that it needed
additional time to complete the review in accordance with 19 CFR
351.302 (b), extended the time period for issuing the final results of
the changed circumstances review by two weeks, until May 17, 2010.
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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this changed circumstances review are addressed in the Issues and
Decision Memorandum, which is hereby adopted by this notice. A list of
the issues which parties have raised, and to which we have responded in
the Issues and Decision Memorandum, is attached to this notice as an
Appendix. The Issues and Decision Memorandum is available in the
Central Records Unit, room 1117, of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Issues and Decision Memorandum are
identical in content.
Final Results of Changed Circumstances Review
In accordance with 19 CFR 351.221(c) (3) (i), we have determined
that Nordic Group AS is the successor-in-interest to Nordic Group A/L
and should be accorded the same treatment as Nordic Group A/L. We will
instruct U.S. Customs and Border Protection that a cash deposit rate of
zero percent will be effective Nordic Group AS for all shipments of the
subject merchandise entered, or withdraw from a warehouse, for
consumption on or after the date of publication of these final results.
Notification
This notice 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 notification of
the 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 is published in accordance with sections 751(b) (1) and
777(i) of the Act and 19 CFR 351.216 and 351.221.
Dated: June 1, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
APPENDIX
Comment 1 Evidence on the Record to Support a CCR
Comment 2 Comparison of Nordic Group A/L Relative to Nordic Group AS
Comment 3 CCR with Respect To Nordic AS
A) Customer and Supplier Relationships
B)Management Structure and Board of Directors
C)Production Facilities
Comment 4 Document Retention
Comment 5 Timeliness of Nordic AS Request for a CCR
Comment 6 Nordic Group Utilizing the Zero Percent Rate
Comment 7 Nordic Group AS's Corporate History
[FR Doc. 2010-13780 Filed 6-7-10; 8:45 am]
BILLING CODE 3510-DS-S