[Federal Register Volume 65, Number 242 (Friday, December 15, 2000)]
[Notices]
[Pages 78472-78474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31945]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Notice of Final Results of Antidumping Duty Administrative 
Review: Fresh Atlantic Salmon from Chile

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2000, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on fresh Atlantic salmon from Chile. The review 
covers nine producers/exporters of the subject merchandise.
    The period of review (POR) is July 28, 1998, through June 30, 1999. 
Based on our analysis of comments received, these final results differ 
from the preliminary results. The final results are listed below in the 
Final Results of Review section.

EFFECTIVE DATE: December 15, 2000.

FOR FURTHER INFORMATION CONTACT: Edward Easton or Gabriel Adler, at 
(202) 482-3003 or (202) 482-3813, respectively; AD/CVD Enforcement, 
Office V, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:   

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to 19 CFR part 351 (1999).

Background

    On August 8, 2000, the Department published in the Federal Register 
the preliminary results of the first administrative review of the 
antidumping duty order on fresh Atlantic salmon from Chile. See Notice 
of Preliminary Results of Antidumping Administrative Review: Fresh 
Atlantic

[[Page 78473]]

Salmon from Chile, 65 FR 48457 (August 8, 2000) (Preliminary Results). 
We invited parties to comment on the Preliminary Results. On September 
12, 2000, we received case comments or case briefs from the Coalition 
for Fair Atlantic Salmon Trade (the petitioner), and from respondents 
Cultivos Marinos Chiloe, Ltda. (Cultivos Marinos), Pesquera Eicosal 
Ltda. (Eicosal), Fiordo Blanco, S.A. (Fiordo Blanco), Cultivadora de 
Salmones Linao Ltda. (Linao), Salmones Mainstream, S.A. (Mainstream), 
Pesquera Mares Australes Ltda. (Mares Australes), Salmones Pacific Star 
S.A. (Pacific Star), Salmones Pacifico Sur S.A. (Pacifico Sur), and 
Salmones Tecmar S.A. (Tecmar). We did not receive rebuttal briefs.

Scope of the Review

    The product covered by this review is fresh, farmed Atlantic 
salmon, whether imported ``dressed'' or cut. Atlantic salmon is the 
species Salmo salar, in the genus Salmo of the family salmoninae. 
``Dressed'' Atlantic salmon refers to salmon that has been bled, 
gutted, and cleaned. Dressed Atlantic salmon may be imported with the 
head on or off; with the tail on or off; and with the gills in or out. 
All cuts of fresh Atlantic salmon are included in the scope of the 
review. Examples of cuts include, but are not limited to: crosswise 
cuts (steaks), lengthwise cuts (fillets), lengthwise cuts attached by 
skin (butterfly cuts), combinations of crosswise and lengthwise cuts 
(combination packages), and Atlantic salmon that is minced, shredded, 
or ground. Cuts may be subjected to various degrees of trimming, and 
imported with the skin on or off and with the ``pin bones'' in or out.
    Excluded from the scope are (1) fresh Atlantic salmon that is ``not 
farmed'' (i.e., wild Atlantic salmon); (2) live Atlantic salmon; and 
(3) Atlantic salmon that has been subject to further processing, such 
as frozen, canned, dried, and smoked Atlantic salmon, or processed into 
forms such as sausages, hot dogs, and burgers.
    The merchandise subject to this investigation is classifiable as 
item numbers 0302.12.0003, 0304.10.4093, 0304.90.1009, 0304.90.1089, 
and 0304.90.9091 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS statistical reporting numbers are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Analysis of Comments Received

    All issues raised in the case comments and case briefs by parties 
to this administrative review are addressed in a decision memorandum 
dated December 6, 2000 (Decision Memorandum), which is hereby adopted 
by this notice. Attached to this notice as an appendix is a list of the 
issues which parties have raised and to which we have responded in the 
Decision Memorandum. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
the public version of this memorandum, which is on file in Room B-099 
of the main Commerce building. In addition, a complete version of the 
public version of the Decision Memorandum can be accessed directly on 
the Web at www.ia.ita.doc.gov. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our findings at verification and analysis of comments 
received, we have made adjustments to the preliminary determination 
calculation methodology in determining the final dumping margins in the 
proceeding. These adjustments are discussed in the Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margins exist for the period of July 28, 1998, through 
June 30, 1999:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Cultivos Marinos...........................................         0.01
Eicosal....................................................         0.18
Fiordo Blanco..............................................         1.46
Linao......................................................         0.00
Mainstream.................................................         0.00
Mares Australes............................................         0.00
Pacific Star...............................................         3.94
Pacifico Sur...............................................         0.00
Tecmar.....................................................         0.01
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated importer-specific 
assessment rates based on the ratio of the total amount of antidumping 
duties calculated for the importer-specific sales to the total entered 
value of the same sales. Where the assessment rate is above de minimis, 
we will instruct the Customs Service to assess duties on all entries of 
subject merchandise by that importer. The Department will issue 
appraisement instructions directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of administrative review, as provided by section 751(a) 
of the Act: (1) For all exporters/manufacturers covered by this review, 
the cash deposit rate will be the rate listed above, except where the 
margin is zero or de minimis, a cash deposit of zero will be required; 
(2) for merchandise exported by producers or exporters not covered in 
this review but covered in a previous segment of this proceeding, the 
cash deposit rate will continue to be the company-specific rate 
published in the most recent final results in which that producer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review or in any previous segment of this proceeding, but the 
producer is, the cash deposit rate will be that established for the 
producer of the merchandise in these final results of review or in the 
most recent final results in which that producer participated; and (4) 
if neither the exporter nor the producer is a firm covered in this 
review or in any previous segment of this proceeding, the cash deposit 
rate will be 4.57 percent, the ``All Others'' rate established in the 
less-than-fair-value investigation. These deposit requirements shall 
remain in effect until publication of the final results of the next 
administrative review.
    This notice also 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 during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 78474]]


    Dated: December 6, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.

Appendix

1. Cost of Production and Constructed Value: Monetary Corrections 
for Inflation
2. Constructed Value: Calculation of Profit and Selling Expense 
Rates
3. Normal Value: Difference-In-Merchandise Adjustment
4. Adverse Facts Available
5. Normal Value: Third-Country Sales
6. Normal Value: Home Market Price Calculation
4. Cost of Production: Financial Expense Ratio--Eicosal
7. Cost of Production: Financial Expense Ratio--Pacific Star
8. Cost of Production: General, Selling and Administrative Expense
9. Cost of Production: Cost Test Freight Expense
10. Constructed Value: Provision for Catastrophic Loss
11. Constructed Value: Use of Verified Data
12. Export Price: Treatment of U.S. Credit Expense

[FR Doc. 00-31945 Filed 12-14-00; 8:45 am]
BILLING CODE 3510-DS-P