Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Fresh and Chilled Atlantic Salmon from Norway, 39045-39047 [E9-18734]
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices
review. See Certain Frozen Warmwater
Shrimp From Thailand: Final Results
and Final Partial Rescission of
Antidumping Duty Administrative
Review, 73 FR 50933, 50937 (Aug. 29,
2008).
Finally, in its changed circumstances
review request the Rubicon Group
requested that any resulting revocation
for PFF and Sea Wealth be effective as
of January 16, 2009 (the effective date of
the Section 129 Implementation).
Consistent with our treatment of
companies excluded from antidumping
duty orders which are subject to
subsequent successor-in-interest
determinations, we will apply this
successor-in-interest determination
retroactively to the dates PFF and Sea
Wealth were formed and became part of
the Rubicon Group (i.e., August 31,
2005, for PFF and July 24, 2003, for Sea
Wealth). See, e.g., Stainless Steel Wire
Rod From Italy: Notice of Final Results
of Changed Circumstances
Antidumping Duty Review, 71 FR
24643, 24644 (Apr. 26, 2006). Because
these dates are prior to January 16, 2009,
we find that it is appropriate to revoke
the antidumping duty order with
respect to frozen warmwater shrimp
produced and exported by PFF and Sea
Wealth as of January 16, 2009,
consistent with our treatment of the
other members of the Rubicon
Group.2 See Section 129
Implementation, 74 FR at 5639.
srobinson on DSKHWCL6B1PROD with NOTICES
Public Comment
Parties wishing to comment on these
results must submit briefs to the
Department within 30 days after the
publication of this notice in the Federal
Register. Parties will have five days
subsequent to this due date to submit
rebuttal briefs. Parties who submit
comments or rebuttal briefs in this
proceeding are requested to submit with
the argument: (1) A statement of the
issue, and (2) a brief summary of the
argument (no longer than five pages,
including footnotes). Any requests for
hearing must be filed within 30 days of
the publication of this notice in the
Federal Register. In accordance with 19
CFR 351.216(e), the Department will
issue its final results of review within
270 days after the date on which the
changed circumstances review was
initiated (i.e., no later than December
21, 2009).
We are issuing and publishing this
notice in accordance with sections
2 We note that this revocation will apply to
merchandise produced by any Rubicon Group
member and exported by PFF or Sea Wealth, as well
as to merchandise produced by PFF or Sea Wealth
and exported by any other Rubicon Group member.
VerDate Nov<24>2008
18:54 Aug 04, 2009
Jkt 217001
751(b)(1) and 777(i)(1) of the Act and 19
CFR 351.216.
Dated: July 29, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–18724 Filed 8–4–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–580–810)
Welded ASTM A–312 Stainless Steel
Pipe from the Republic of Korea:
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Martha Douthit, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington DC 20230; telephone: (202)
482–5050.
SUPPLEMENTARY INFORMATION:
Background
39045
Pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), we
determine that it is not practicable to
complete the results of this review
within the original time limit. The
Department needs additional time to
analyze a significant amount of
information the parties submitted, and
to determine whether any additional
information is required. Therefore, in
accordance with section 751(a)(3)(A) of
the Act, the Department has decided to
extend the time limit for the preliminary
results from 245 days to 365 days. The
preliminary results will now be due no
later than December 31, 2009. Unless
extended, the final results continue to
be due 120 days after the publication of
the preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1) of the Department’s
regulations.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act.
Dated: July 27, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–18729 Filed 8–4–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
On February 2, 2009, the Department
of Commerce (‘‘Department’’) published
a notice of initiation of an
administrative review of Welded ASTM
A–312 Stainless Steel Pipe from the
Republic of Korea covering the period
December 1, 2007 through November
30, 2008. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 74 FR 5821 (February 2, 2009). The
preliminary results of this
administrative review are currently due
no later than September 2, 2009.
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
Extension of Time Limit for Preliminary
Results
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
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), the Department shall issue
preliminary results in an administrative
review of an antidumping duty order
within 245 days after the last day of the
anniversary month of the order for
which the administrative review was
requested. However, if the Department
determines that it is not practicable to
complete the review within the
aforementioned specified time limits,
section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(2) allow the
Department to extend the 245-day
period to 365 days.
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
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05AUN1
39046
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices
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% 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.
srobinson on DSKHWCL6B1PROD with NOTICES
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
VerDate Nov<24>2008
18:54 Aug 04, 2009
Jkt 217001
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–toLength Carbon Steel Plate from
Romania, 70 FR 35624 (June 21, 2005).
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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
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05AUN1
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices
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–ininterest, 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.
srobinson on DSKHWCL6B1PROD with NOTICES
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
VerDate Nov<24>2008
18:54 Aug 04, 2009
Jkt 217001
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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–817]
Certain Hot–Rolled Carbon Steel Flat
Products from Thailand: Preliminary
Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
United States Steel Corporation (U.S.
Steel or Petitioner), the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on certain
hot–rolled carbon steel flat products
(hot–rolled steel) from Thailand. This
administrative review covers imports of
subject merchandise produced and
exported by respondent G Steel Public
Company Limited (G Steel). The period
of review is November 1, 2007 through
October 31, 2008.
We preliminarily determine that: (1) G
J Steel Public Company Limited (G J
Steel) is the successor–in-interest to
Nakornthai Strip Mill Public Company
Limited (Nakornthai); (2) because of G
Steel’s refusal to cooperate with the
Department in the conduct of this
administrative review, G Steel made
sales of subject merchandise at less than
normal value (NV); and (3) G J Steel and
G Steel constitute a single entity.
If these preliminary results are
adopted in our final results, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on appropriate entries based on
the difference between the export price
and the NV. Interested parties are
invited to comment on these
preliminary results.
EFFECTIVE DATE: August 5, 2009.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
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39047
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0408 or (202) 482–
0469, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2001, the
Department published the antidumping
duty order on hot–rolled steel from
Thailand. See Antidumping Duty Order:
Certain Hot–Rolled Carbon Steel Flat
Products From Thailand, 66 FR 59562
(November 29, 2001) (Antidumping
Duty Order). On November 3, 2008, the
Department published the opportunity
to request an administrative review of,
inter alia, hot–rolled steel from
Thailand for the period November 1,
2007, through October 31, 2008. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 73 FR 65288
(November 3, 2008).
In accordance with 19 CFR
351.213(b)(1), on December 1, 2008,
Petitioner requested an administrative
review of G Steel’s sales of subject
merchandise. Additionally, on
December 1, 2008, G Steel and G J Steel
submitted a request that the Department
review both G Steel and G J Steel’s sales.
G Steel and GJ Steel’s submission
further requested the Department to
‘‘treat both companies as affiliated, and
as affiliated producers, as a single entity
entitled to a single antidumping duty
rate as a result of this administrative
review.’’ On December 24, 2008, the
Department published in the Federal
Register a notice of initiation of this
antidumping duty administrative review
covering the period November 1, 2007,
through October 31, 2008. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Request for Revocation in Part, 73 FR
79055 (December 24, 2008).
On January 13, 2009, the Department
issued its antidumping questionnaire to
G Steel and G J Steel under separate
cover letters. On February 1, 2009, G
Steel and G J Steel submitted a
combined section A questionnaire
response (Section A Response). On
March 12, 2009, prior to the deadlines
for the remainder of their additional
questionnaire responses, G Steel and G
J Steel withdrew their requests for a
review, and asked the Department to
rescind the review with respect to G J
Steel as no other party had requested a
review of G J Steel. In their request for
withdrawal, G Steel and G J Steel
maintained they did not sell subject
merchandise below normal value during
this period of review, but explained that
the ongoing worldwide financial crisis
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39045-39047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18734]
-----------------------------------------------------------------------
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
-----------------------------------------------------------------------
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
