Fresh and Chilled Atlantic Salmon From Norway: Preliminary Results of Full Third Sunset Review of Antidumping Duty Order, 45513-45514 [2011-19301]

Download as PDF 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
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