Fresh and Chilled Atlantic Salmon From Norway: Preliminary Results of the Full Sunset Review of Antidumping Duty Order, 51012-51013 [E5-4718]

Download as PDF 51012 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices Antidumping Duty Proceedings Period to be Reviewed A–570–847 ................................................................................................................................................................. Shanghai AJ Import and Export Corporation. Degussa–AJ (Shanghai) Initiators Co., Ltd.. THE PEOPLE’S REPUBLIC OF CHINA: Tapered Roller Bearings. A–570–601 ................................................................................................................................................................. Wanxiang Group Company. Countervailing Duty Proceedings. ITALY: Certain Pasta. C–475–819 ................................................................................................................................................................ Atar S.r.L.. Corticella Molini e Pastifici S.p.a./Pasta Combattenti S.p.a.. Moline e Pastificio Tomasello S.r.L.. Pastificio Antonio Pallante, S.r.L.. Pastificio Laporta S.a.s.. Pasta Lensi S.r.l.. INDIA: Polyethylene Terephthalate (PET) Film. C–533–825 ................................................................................................................................................................ Garware Polyester Limited. Jindal Poly Films Limited of India (formerly Jindal Polyester Limited). Polyplex Corporation Ltd.. TURKEY: Pasta. C–489–806 ................................................................................................................................................................ Gidasa Sabanci Gida Sanayi ve Ticaret A.S.. Suspension Agreements. None.. During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping order under section 351.211 or a determination under section 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v.United States, 291 F.3d 806 (Fed. Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: August 23, 2005. Holly A. Kuga, Senior Office Director AD/CVD Operations, Office 4 for Import Adminstration. [FR Doc. E5–4717 Filed 8–26–05; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<18>2005 15:17 Aug 26, 2005 Jkt 205001 7/1/04 - 6/30/05 6/1/04 - 5/31/05 1/1/04 - 12/31/04 1/1/04 - 12/31/04 1/1/04 - 12/31/04 DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: International Trade Administration Scope of the Order [A–403–801] 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 Fresh and Chilled Atlantic Salmon From Norway: Preliminary Results of the Full Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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). E:\FR\FM\29AUN1.SGM 29AUN1 51013 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices written description remains dispositive as to the scope of the product coverage. 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-ininterest 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 VerDate jul<14>2003 16:19 Aug 26, 2005 Jkt 205001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 www.ita.doc.gov/importladmin/ 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: Manufacturer/Exporter Margin (percent) Salmonor A/S ............... Sea Star International ... Skaarfish Mowi A/S ...... Fremstad Group A/S .... Domstein and Co. ......... Saga A/S ...................... Chr. Bjelland ................. Hallvard Leroy A/S ....... All Others ...................... 18.39 24.61 15.65 21.51 31.81 26.55 19.96 31.81 23.80 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 DEPARTMENT OF COMMERCE International Trade Administration [C–475–827] Certain Cut-To-Length Plate From Italy: Notice of Amended Final Determination Pursuant to Final Court Decision and Partial Revocation of Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 26, 2004, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (the Department) third remand determination of the Final AGENCY: E:\FR\FM\29AUN1.SGM 29AUN1

Agencies

[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51012-51013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4718]


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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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 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:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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

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