Fresh and Chilled Atlantic Salmon From Norway: Preliminary Results of Full Third Sunset Review of Antidumping Duty Order, 45513-45514 [2011-19301]
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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Notices
review in order to determine whether
Aperam is the successor-in-interest to
AMSB. See 19 CFR 351.216(d).
Therefore, in accordance with the
above-referenced statute and regulation,
the Department is initiating a changed
circumstances review.
We intend to issue the preliminary
results of the changed circumstances
review within 90 days from the issuance
of the instant initiation notice. We
intend to issue the final results of the
changed circumstances review within
270 days from the date of initiation of
this changed circumstance review, or
within 45 days if all parties to the
proceeding agree to the outcome of the
review. See 19 CFR 351.216(e). During
the course of this review, we will not
change the cash deposit requirements
for the subject merchandise. The cash
deposit rate will be altered, if
warranted, pursuant only to the final
results of the changed circumstances
review.
This notice of initiation is in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–19305 Filed 7–28–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–403–801]
Fresh and Chilled Atlantic Salmon
From Norway: Preliminary Results of
Full Third Sunset Review of
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2011, the
Department of Commerce (the
Department) initiated a sunset review of
the antidumping duty (AD) order on
fresh and chilled Atlantic salmon from
Norway pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). See Initiation of Five-Year
(‘‘Sunset’’) Review, 76 FR 89 (January 3,
2011) (Sunset Initiation). On the basis of
adequate substantive responses
submitted by domestic and respondent
interested parties, the Department
determined to conduct a full sunset
review of this AD order pursuant to
section 751(c) of the Act and 19 CFR
351.218(e)(2). As a result of our
analysis, the Department preliminarily
finds that revocation of the AD order
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
16:17 Jul 28, 2011
Jkt 223001
would likely lead to continuation or
recurrence of a dumping.
DATES: Effective Date: July 29, 2011.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office 3,
Import Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2011, the Department
initiated the third sunset review of the
AD order on fresh and chilled Atlantic
salmon from Norway pursuant to
section 751(c) of the Act. See Sunset
Initiation. On January 13, 2011, the
Government of Norway (GON),
Norwegian Seafood Federation (NSF),
and Aquaculture Division of the
Norwegian Seafood Association
(ADNSA) (collectively, the
respondents), filed letters of appearance
in the review.1 On January 18, 2011,
Phoenix Salmon U.S., Inc. (Phoenix
Salmon), a domestic producer of fresh
and chilled Atlantic salmon, filed a
notice of intent to participate in the
review.2
On January 21, 2011, NSF and
ADNSA supplemented their letter of
appearance by submitting to the
Department a list of their members. On
February 2, 2011, the Department
received a substantive response from
Phoenix Salmon and a joint substantive
response from the respondents within
the deadline specified in 19 CFR
351.218(d)(3)(i). The Department
received rebuttal comments from
Phoenix Salmon and the GON on
February 14, 2011. On February 25,
2011, the GON submitted a surrebuttal
to Phoenix Salmon’s rebuttal
responding to the company’s claims that
NSF and ADNSA are not interested
parties.
On March 3, 2011, Department
officials met with Phoenix Salmon, who
reiterated statements made in its
submissions regarding the interested
party status of NSF and ADNSA. See
Memorandum to the File, through
Melissa Skinner, Director, AD/CVD
Operations, Office 3, from Kristen
Johnson, Trade Analyst, AD/CVD
Operations, Office 3, regarding ‘‘Meeting
with Counsel for the Domestic
1 These public documents and all other public
documents and public versions of proprietary
documents with regard to this third full sunset
review are available on the public record located in
the Department’s Central Records Unit at room 7046
of the main Department of Commerce building.
2 Phoenix Salmon claimed to be the successor to
the two domestic producers who participated in the
prior sunset review—Atlantic Salmon of Maine and
Heritage Salmon Company, Inc.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
45513
Interested Party’’ (March 3, 2011). On
March 4, 2011, the Department issued a
letter to NSF and ADNSA requesting
that each association identify their
members that are producers or exporters
of the subject merchandise. On March
11, 2011, NSF and ADNSA submitted
annotated membership lists, which
identify the members of each
association that are producers or
exporters of subject merchandise. On
March 16, 2011, Phoenix Salmon
submitted comments on the
membership lists submitted by NSF and
ADNSA.
On April 6, 2011, the Department
issued its adequacy determination
memorandum. The Department found
that the domestic and respondent
parties submitted adequate substantive
responses and that NSF and ADNSA
have standing as interested parties in
this review. The Department, therefore,
determined to conduct a full sunset
review of this AD order. See
Memorandum to Gary Taverman, Acting
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, from Melissa Skinner,
Director, Antidumping and
Countervailing Duty Operations, Office
3, regarding ‘‘Adequacy Determination:
Third Sunset Reviews of the
Antidumping and Countervailing Duty
Orders on Fresh and Chilled Atlantic
Salmon From Norway’’ (April 6, 2011).
On April 12, 2011, the Department
extended the deadline for the
preliminary and final results of this
sunset review. See Fresh and Chilled
Atlantic Salmon From Norway:
Extension of Time Limits for
Preliminary and Final Results of Full
Third Antidumping and Countervailing
Duty Sunset Reviews, 76 FR 20312
(April 12, 2011) (Salmon Extension
Notice). The Department did not receive
comments on the adequacy
determination memorandum from any
party to this review.
Scope of the Order
The product covered by the order is
the species Atlantic salmon (Salmo
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’’).3 Atlantic salmon is a
whole or nearly-whole fish, typically
(but not necessarily) marketed gutted,
bled, and cleaned, with the head on.
3 On August 5, 2009, the Department made a final
scope ruling determining that whole salmon steaks
are within the scope of the order. See Notice of
Scope Rulings, 75 FR 14138 (March 24, 2010).
E:\FR\FM\29JYN1.SGM
29JYN1
45514
Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Notices
apps.nmfs.noaa.gov, and then selecting
File No. 16094 from the list of available
applications.
Hallvard Leroy A/S ...................
31.81
These documents are also available
All Others ..................................
23.80 upon written request or by appointment
in the following offices:
Interested parties may submit case
Permits, Conservation and Education
briefs no later than 50 days after the
Division, Office of Protected Resources,
date of publication of the preliminary
NMFS, 1315 East-West Highway, Room
results of this full sunset review, in
13705, Silver Spring, MD 20910; phone
accordance with 19 CFR
(301) 427–8401; fax (301) 713–0376; and
351.309(c)(1)(i). Any interested party
Alaska Region, NMFS, P.O. Box
may request a hearing within 30 days of 21668, Juneau, AK 99802–1668; phone
publication of this notice in accordance (907) 586–7221; fax (907) 586–724.
with 19 CFR 351.310(c). Rebuttal briefs,
Written comments on this application
which must be limited to issues raised
should be submitted to the Chief,
in the case briefs, may be filed not later
Permits, Conservation and Education
Analysis of Comments Received
than the five days after the time limit for Division, at the address listed above.
filing case briefs in accordance with 19
All issues raised in this review are
Comments may also be submitted by
CFR 351.309(d).
addressed in the Issues and Decision
facsimile to (301) 713–0376, or by eA hearing, if requested, will be held
Memorandum for the Preliminary
mail to NMFS.Pr1Comments@noaa.gov.
two days after the date the rebuttal
Results of Full Third Sunset Review of
Please include the File No. in the
briefs are due. The Department will
the Antidumping Duty Order on Fresh
subject line of the e-mail comment.
issue a notice of final results of this full
and Chilled Atlantic Salmon from
Those individuals requesting a public
sunset review, which will include the
Norway (Decision Memorandum) from
hearing should submit a written request
results of its analysis of issues raised in
Gary Taverman, Acting Deputy
to the Chief, Permits, Conservation and
any such comments, no later than
Assistant Secretary for Antidumping
Education Division at the address listed
November 29, 2011. See Salmon
and Countervailing Duty Operations, to
above. The request should set forth the
Extension Notice.
Ronald K. Lorentzen, Deputy Assistant
specific reasons why a hearing on this
We are issuing and publishing the
Secretary for Import Administration,
application would be appropriate.
results and notice in accordance with
dated concurrently with this
FOR FURTHER INFORMATION CONTACT:
sections 751(c), 752, and 777(i)(1) of the
preliminary notice, which is hereby
Tammy Adams or Joselyd Garcia-Reyes,
Act.
adopted by this notice. The issues
(301) 713–2289.
Dated: July 22, 2011.
discussed in the accompanying Decision
SUPPLEMENTARY INFORMATION: The
Ronald K. Lorentzen,
Memorandum include the likelihood of
subject permit is requested under the
the continuation of dumping, the
Deputy Assistant Secretary for Import
authority of the Marine Mammal
Administration.
magnitude of the margin likely to
Protection Act of 1972, as amended
prevail, and good cause to examine
[FR Doc. 2011–19301 Filed 7–28–11; 8:45 am]
(MMPA; 16 U.S.C. 1361 et seq.), and the
other factors. Parties can find a
BILLING CODE 3510–DS–P
regulations governing the taking and
complete discussion of all issues raised
importing of marine mammals (50 CFR
in this full sunset review and the
part 216).
corresponding recommendations in this DEPARTMENT OF COMMERCE
The applicant requests a five-year
public memorandum, which is on file in
permit to study harbor seals (Phoca
National Oceanic and Atmospheric
the Department’s Central Records Unit.
vitulina) throughout their range in
Administration
In addition, a complete version of the
Alaska, including Southeast Alaska,
Decision Memorandum can be accessed RIN 0648–XA599
Gulf of Alaska and Bering Sea. The
directly on the Internet at https://
overall objective is to provide a greater
Marine Mammals; File No. 16094
trade.gov/ia. The paper copy and
understanding of the proximate and
electronic version of the Decision
AGENCY: National Marine Fisheries
ultimate factors that regulate their
Memorandum are identical in content.
Service (NMFS), National Oceanic and
abundance, which is required to
Atmospheric Administration (NOAA),
Preliminary Results of Review
develop effective management and
Commerce.
conservation strategies. Research
We preliminarily determine that
activities and the maximum number of
ACTION: Notice; receipt of application.
revocation of the antidumping duty
animals taken per year (n) per activity
order on fresh and chilled Atlantic
SUMMARY: Notice is hereby given that
include: aerial surveys for population
salmon from Norway would be likely to the Alaska Department of Fish and
census and radio tracking (n = 180,000);
lead to continuation or recurrence of
Game, Juneau, AK, has applied in due
incidental disturbance during capture
dumping at the following weightedform for a permit to conduct research on activities (n = 7,000); ground surveys for
average margins:
marine mammals.
photo-identification, counts and
DATES: Written, telefaxed, or e-mail
behavioral observations (n = 10,000);
Margin
Manufacturer/exporter
comments must be received on or before vessel approaches of animals equipped
(percent)
August 29, 2011.
with telemetry equipment (n = 50);
Salmonor A/S ...........................
18.39 ADDRESSES: The application and related
vessel surveys for radio tracking and
Sea Star International A/S ........
24.61 documents are available for review by
incidental disturbance associated with
Skaarfish Mowi A/S ..................
15.65
selecting ‘‘Records Open for Public
approaching animals equipped with
Fremstad Group A/S ................
21.51
Domstein and Co. .....................
31.81 Comment’’ from the Features box on the telemetry equipment (n = 7,000); and
capture by entanglement in a net in the
Saga A/S ..................................
26.55 Applications and Permits for Protected
Chr. Bjelland Seafood A/S .......
19.96 Species (APPS) home page, https://
water or by hoop net or dip net on land
mstockstill on DSK4VPTVN1PROD with NOTICES
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 is currently provided for under
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.
VerDate Mar<15>2010
16:17 Jul 28, 2011
Jkt 223001
PO 00000
Manufacturer/exporter
Frm 00011
Fmt 4703
Sfmt 4703
Margin
(percent)
E:\FR\FM\29JYN1.SGM
29JYN1
]]>Agencies
[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45513-45514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19301]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-403-801]
Fresh and Chilled Atlantic Salmon From Norway: Preliminary
Results of Full Third Sunset Review of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2011, the Department of Commerce (the
Department) initiated a sunset review of the antidumping duty (AD)
order on fresh and chilled Atlantic salmon from Norway pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). See
Initiation of Five-Year (``Sunset'') Review, 76 FR 89 (January 3, 2011)
(Sunset Initiation). On the basis of adequate substantive responses
submitted by domestic and respondent interested parties, the Department
determined to conduct a full sunset review of this AD order pursuant to
section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our
analysis, the Department preliminarily finds that revocation of the AD
order would likely lead to continuation or recurrence of a dumping.
DATES: Effective Date: July 29, 2011.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office 3, Import Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2011, the Department initiated the third sunset
review of the AD order on fresh and chilled Atlantic salmon from Norway
pursuant to section 751(c) of the Act. See Sunset Initiation. On
January 13, 2011, the Government of Norway (GON), Norwegian Seafood
Federation (NSF), and Aquaculture Division of the Norwegian Seafood
Association (ADNSA) (collectively, the respondents), filed letters of
appearance in the review.\1\ On January 18, 2011, Phoenix Salmon U.S.,
Inc. (Phoenix Salmon), a domestic producer of fresh and chilled
Atlantic salmon, filed a notice of intent to participate in the
review.\2\
---------------------------------------------------------------------------
\1\ These public documents and all other public documents and
public versions of proprietary documents with regard to this third
full sunset review are available on the public record located in the
Department's Central Records Unit at room 7046 of the main
Department of Commerce building.
\2\ Phoenix Salmon claimed to be the successor to the two
domestic producers who participated in the prior sunset review--
Atlantic Salmon of Maine and Heritage Salmon Company, Inc.
---------------------------------------------------------------------------
On January 21, 2011, NSF and ADNSA supplemented their letter of
appearance by submitting to the Department a list of their members. On
February 2, 2011, the Department received a substantive response from
Phoenix Salmon and a joint substantive response from the respondents
within the deadline specified in 19 CFR 351.218(d)(3)(i). The
Department received rebuttal comments from Phoenix Salmon and the GON
on February 14, 2011. On February 25, 2011, the GON submitted a
surrebuttal to Phoenix Salmon's rebuttal responding to the company's
claims that NSF and ADNSA are not interested parties.
On March 3, 2011, Department officials met with Phoenix Salmon, who
reiterated statements made in its submissions regarding the interested
party status of NSF and ADNSA. See Memorandum to the File, through
Melissa Skinner, Director, AD/CVD Operations, Office 3, from Kristen
Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding
``Meeting with Counsel for the Domestic Interested Party'' (March 3,
2011). On March 4, 2011, the Department issued a letter to NSF and
ADNSA requesting that each association identify their members that are
producers or exporters of the subject merchandise. On March 11, 2011,
NSF and ADNSA submitted annotated membership lists, which identify the
members of each association that are producers or exporters of subject
merchandise. On March 16, 2011, Phoenix Salmon submitted comments on
the membership lists submitted by NSF and ADNSA.
On April 6, 2011, the Department issued its adequacy determination
memorandum. The Department found that the domestic and respondent
parties submitted adequate substantive responses and that NSF and ADNSA
have standing as interested parties in this review. The Department,
therefore, determined to conduct a full sunset review of this AD order.
See Memorandum to Gary Taverman, Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, from Melissa Skinner,
Director, Antidumping and Countervailing Duty Operations, Office 3,
regarding ``Adequacy Determination: Third Sunset Reviews of the
Antidumping and Countervailing Duty Orders on Fresh and Chilled
Atlantic Salmon From Norway'' (April 6, 2011). On April 12, 2011, the
Department extended the deadline for the preliminary and final results
of this sunset review. See Fresh and Chilled Atlantic Salmon From
Norway: Extension of Time Limits for Preliminary and Final Results of
Full Third Antidumping and Countervailing Duty Sunset Reviews, 76 FR
20312 (April 12, 2011) (Salmon Extension Notice). The Department did
not receive comments on the adequacy determination memorandum from any
party to this review.
Scope of the Order
The product covered by the order is the species Atlantic salmon
(Salmo 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'').\3\ Atlantic
salmon is a whole or nearly-whole fish, typically (but not necessarily)
marketed gutted, bled, and cleaned, with the head on.
[[Page 45514]]
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
is currently provided for under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 0302.12.0003 and 0302.12.0004.
---------------------------------------------------------------------------
\3\ On August 5, 2009, the Department made a final scope ruling
determining that whole salmon steaks are within the scope of the
order. See Notice of Scope Rulings, 75 FR 14138 (March 24, 2010).
---------------------------------------------------------------------------
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 this review are addressed in the Issues and
Decision Memorandum for the Preliminary Results of Full Third Sunset
Review of the Antidumping Duty Order on Fresh and Chilled Atlantic
Salmon from Norway (Decision Memorandum) from Gary Taverman, Acting
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, dated concurrently with this preliminary notice,
which is hereby adopted by this notice. The issues discussed in the
accompanying Decision Memorandum include the likelihood of the
continuation of dumping, the magnitude of the margin likely to prevail,
and good cause to examine other factors. Parties can find a complete
discussion of all issues raised in this full sunset review and the
corresponding recommendations in this public memorandum, which is on
file in the Department's Central Records Unit. In addition, a complete
version of the Decision Memorandum can be accessed directly on the
Internet at https://trade.gov/ia. The paper copy and electronic version
of the Decision Memorandum are identical in content.
Preliminary Results of Review
We preliminarily determine that revocation of the antidumping duty
order on fresh and chilled Atlantic salmon from Norway would be likely
to lead to continuation or recurrence of dumping at the following
weighted-average margins:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Salmonor A/S............................................... 18.39
Sea Star International A/S................................. 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 Seafood A/S.................................. 19.96
Hallvard Leroy A/S......................................... 31.81
All Others................................................. 23.80
------------------------------------------------------------------------
Interested parties may submit case briefs no later than 50 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Any
interested party may request a hearing within 30 days of publication of
this notice in accordance with 19 CFR 351.310(c). Rebuttal briefs,
which must be limited to issues raised in the case briefs, may be filed
not later than the five days after the time limit for filing case
briefs in accordance with 19 CFR 351.309(d).
A hearing, if requested, will be held two days after the date the
rebuttal briefs are due. The Department will issue a notice of final
results of this full sunset review, which will include the results of
its analysis of issues raised in any such comments, no later than
November 29, 2011. See Salmon Extension Notice.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: July 22, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-19301 Filed 7-28-11; 8:45 am]
BILLING CODE 3510-DS-P
