Final Results of Antidumping Duty Changed Circumstances Review: Fresh and Chilled Atlantic Salmon from Norway, 32370-32371 [2010-13780]
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices
Federal Register. The Department will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
weighted-average dumping margin
amount by which the normal value
exceeds U.S. price, as follows: (1) The
rate for the exporter/producer
combinations listed in the chart above
will be the rate the Department has
determined in this final determination;
(2) for all PRC exporters of subject
merchandise which have not received
their own rate, the cash-deposit rate will
be the PRC-wide entity rate; and (3) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash-deposit rate will
be the rate applicable to the PRC
exporter/producer combination that
supplied that non-PRC exporter. These
suspension-of-liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, the Department notified the
International Trade Commission (‘‘ITC’’)
of its final determination of sales at
LTFV. As the Department’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, within 45 days the ITC will
determine whether the domestic
industry in the United States is
materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of the subject merchandise.
If the ITC determines that material
injury or threat of material injury does
not exist, the proceeding will be
terminated and all securities posted will
be refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
emcdonald on DSK2BSOYB1PROD with NOTICES
Notification Regarding APO
This notice also serves as a reminder
to the 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. Timely
notification of return or 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.
VerDate Mar<15>2010
16:31 Jun 07, 2010
Jkt 220001
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
DEPARTMENT OF COMMERCE
Dated: May 28, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[A–403–801]
Appendix I
Issues For Final Determination
General Issues
Comment 1: Whether the Department Can
Concurrently Apply Antidumping and
Countervailing Duties to Non-Market
Economy Producers and Exporters
Comment 2: Whether the Department Should
Recalculate the Petition Margins With
Updated Surrogate Values
Ningbo Jiulong Specific Issues
Comment 3: Whether the Department Should
Apply Adverse Facts Available to Ningbo
Jiulong Based Upon Submitted False
Information Regarding Its Steel Inputs
Comment 4: Whether the Department Should
Rely Upon Documents Obtained From CBP
in the Final Determination
Comment 5: Whether the Department Should
Apply Adverse Facts Available to Ningbo
Jiulong Based Upon the Failure To Report
the Correct Customer
Comment 6: Whether the Department Should
Apply Adverse Facts Available to Ningbo
Jiulong Based Upon Unreported Sales
Comment 7: Whether the Department Should
Apply Partial Adverse Facts Available to
Ningbo Jiulong’s Packing Inputs
Comment 8: Whether the Department Should
Revise Ningbo Jiulong’s Steel Scrap Offset
International Trade Administration
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
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:
Surrogate Value Issues for Specific Factors
of Production
Background
Comment 9: Whether the Department Should
Revise the Surrogate Value for the Steel
Coil Input
Comment 10: Whether the Department
Should Revise the Surrogate Value for the
Wire Rod Input
Comment 11: Whether the Department
Should Revise the Surrogate Value for
Galvanizing Services
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
Surrogate Financial Ratio Calculation Issues
Comment 12: Whether the Department
Should Use the Financial Statement of
Greatweld Steel Grating Private Limited to
Calculate Surrogate Financial Ratios
Comment 13: Whether the Department
Should Use the Financial Statements of
Comparable Merchandise Producers to
Calculate Surrogate Financial Ratios
Separate Rate Applicant Rate Issues
Comment 14: Whether the Department
Should Revise the Rate Assigned to
Separate Rate Applicants
[FR Doc. 2010–13778 Filed 6–7–10; 8:45 am]
BILLING CODE 3510–DS–P
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emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices
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–ininterest 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
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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
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
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
Final Results of Changed
Circumstances Review
In accordance with 19 CFR 351.221(c)
(3) (i), we have determined that Nordic
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]]>Agencies
[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32370-32371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13780]
-----------------------------------------------------------------------
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
-----------------------------------------------------------------------
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 https://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
