[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Notices]
[Pages 9979-9980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5015]
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DEPARTMENT OF COMMERCE
[A-403-801]
Fresh and Chilled Atlantic Salmon From Norway; Final Results of
Changed Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping
duty administrative review.
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SUMMARY: On September 23, 1998, the Department of Commerce (``the
Department'') published the notice of initiation and preliminary
results of its changed circumstances administrative review concerning
whether Kinn Salmon A/S (``Kinn'') is the successor firm to Skaarfish
Group A/S (``Skaarfish''). We have now completed that review. We have
determined that Kinn is the successor firm to Skaarfish.
EFFECTIVE DATE: March 1, 1999.
FOR FURTHER INFORMATION CONTACT: Todd Peterson or Thomas Futtner,
Office of AD/CVD Enforcement, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-
4195.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (``the Act'') by
the Uruguay Round Agreement Act. In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
regulations codified at 19 CFR part 351 (1998).
Background
In a letter dated March 2, 1998, Kinn advised the Department that
on July 1, 1997, the former Skaarfish reorganized to form two firms,
Skaarfish Pelagisk AS and Kinn Salmon. Kinn requested that the
Department conduct a changed circumstances administrative review
pursuant to section 751(b) of the Act to determine whether Kinn should
properly be considered the successor firm to Skaarfish. Kinn stated
that the salmon activities of Skaarfish including processing, marketing
and exporting were transferred to Kinn Salmon AS. Skaarfish Pelagisk AS
oversees the processing, marketing and exporting activities of all
other types of fish. Kinn stated that its operations are a direct
continuation of the salmon related activities performed by Skaarfish.
While the board of directors has changed, the officers and management
of Kinn are virtually identical to the officers and management of
Skaarfish. Kinn stated that the address, telephone numbers and telefax
numbers are the same as those of Skaarfish. Furthermore, it operates
the same facilities in Floro, Norway that were operated by Skaarfish
for the processing of salmon and conducts business operations at the
same executive offices used by Skaarfish. It provided documentation
showing that the customer list for Kinn and the supplier list to Kinn
is the same as the customer and supplier lists for Skaarfish. Kinn
submitted a copy of The Certificates of Registration of Skaarfish,
Skaarfish Pelagisk AS, and Kinn Salmon AS that it filed with the
Register of Business Enterprises in Norway.
On September 23, 1998, the Department published in the Federal
Register (63 FR 50880) the notice of initiation and preliminary results
of its changed circumstances antidumping duty administrative review of
fresh and chilled Atlantic salmon from Norway. We have now completed
this changed circumstances review in accordance with section 751(b) of
the Act.
Scope of the Review
The merchandise covered by this review is fresh and chilled
Atlantic salmon (``salmon''). It encompasses the species of Atlantic
salmon (``Salmo salar'') marketed as specified herein; the subject
merchandise 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 whole or nearly whole fish, typically
(but not necessarily) marketed gutted, bled, and cleaned, with the head
on. The subject merchandise is typically packed in fresh water ice
(``chilled''). Excluded from the subject merchandise are fillets,
steaks, and other cuts of Atlantic salmon. Also excluded are frozen,
canned, smoked or otherwise processed Atlantic salmon. Fresh and
chilled Atlantic salmon is currently provided for under Harmonized
Tariff Schedule (HTS) subheading 0302.12.00.02.09. The HTS item number
is provided for convenience and Customs purposes. The written
description remains dispositive.
Successorship
In considering questions involving successorship, the Department
examines several factors including, but not
[[Page 9980]]
limited to, changes in (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 (1992). While no one or several of these factors
will necessarily provide a dispositive indication, the Department will
generally consider the new company to be the successor to the previous
company if its resulting operation is essentially the same as its
predecessor. See, e.g., Industrial Phosphoric Acid from Israel; Final
Results of Changed Circumstances Review, 59 FR 6944 (February 14,
1994). Thus, if evidence demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same entity as the former company, the Department will
treat the successor company the same as the predecessor for antidumping
purposes, e.g., assign the same cash deposit rate, apply any relevant
revocation.
We have examined the information provided by Kinn in its March 2,
1998, letter and determined that Kinn is the successor-in-interest to
Skaarfish. The management and organizational structure of the former
Skaarfish have remained intact under Kinn, and there have been no
changes in the production facilities, supplier relationships, or
customer base. Therefore, we determine that Kinn has maintained the
same management, production facilities, supplier relationships, and
customer bases as did Skaarfish.
Comments
Although we gave interested parties an opportunity to comment on
the preliminary results, none were submitted.
Final Results of Changed Circumstances Review
We determine that Kinn is the successor-in-interest to Skaarfish
for antidumping duty cash deposit purposes. Kinn, therefore, will be
assigned the Skaarfish antidumping cash deposit rate of 2.30 percent.
This deposit requirement will apply to all unliquidated entries of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after July 1, 1997, the date on which the corporate
name change legally took effect. This deposit rate shall remain in
effect until publication of the final results of the next
administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries. Failure to comply with this requirement could result
in the Secretary's presumption that reimbursement of antidumping duties
occurred and subsequent assessment of double antidumping duties.
This changed circumstances review and notice are in accordance with
section 751(b) of the Act, as amended (19 U.S.C. 1675(b)), and 19 CFR
351.216.
Dated: February 23, 1999.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-5015 Filed 2-26-99; 8:45 am]
BILLING CODE 3510-DS-P