[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Notices]
[Pages 42505-42506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20270]



[[Page 42505]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Notice of Final Results of Antidumping Duty Administrative Review 
and Partial Rescission of Antidumping Duty Administrative Review: Fresh 
Atlantic Salmon From Chile

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 9, 2001, the Department of Commerce (the Department) 
published the preliminary results of its second administrative review 
of the antidumping duty order on fresh Atlantic salmon from Chile. The 
review covers eleven producers/exporters of the subject merchandise. 
The period of review (POR) is July 1, 1999, through June 30, 2000. 
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: August 13, 2001.

FOR FURTHER INFORMATION CONTACT: Edward Easton or Salim Bhabhrawala, at 
(202) 482-3003 or (202) 482-1784, 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 (April 2000).

Background

    On April 9, 2001, the Department published in the Federal Register 
the preliminary results of the second administrative review of the 
antidumping duty order on fresh Atlantic salmon from Chile. See Notice 
of Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review: Fresh 
Atlantic Salmon From Chile, 66 FR 18431 (April 9, 2001) (Preliminary 
Results).
    We invited parties to comment on the Preliminary Results. On May 9, 
2001, we received case briefs from respondents Cultivadora de Salmones 
Linao Ltda. (Linao), Pesquera Mares Australes Ltda. (Mares Australes), 
Salmones Mainstream S.A. (Mainstream), Salmones Pacific Star, Ltda. 
(Pacific Star), and Salmones Pacifico Sur S.A. (Pacifico Sur).
    The Coalition for Fair Atlantic Salmon Trade (the petitioner) did 
not file a case brief. No rebuttal briefs were filed.

Partial Rescission of the Antidumping Duty Administrative Review

    Prior to the publication of the preliminary results in this review, 
respondents Chisal, S.A., and Fitz Roy certified to the Department that 
they had not shipped subject merchandise to the United States during 
the POR. As described in the Preliminary Results, we examined entry 
data for U.S. imports, confirmed that neither company had shipped 
subject merchandise to the United States during the POR, and 
preliminarily rescinded the review with respect to these companies. No 
new information has come to the Department's attention in this regard 
since the publication of the preliminary rescission determination. 
Accordingly, we are rescinding the review with respect to these two 
companies.

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 and 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

    The issues raised in the case briefs by parties to this 
administrative review are addressed in the Decision Memorandum, which 
is hereby adopted by this notice. A list of the issues addressed in the 
Decision Memorandum is appended to this notice. The Decision Memorandum 
is on file in Room B-099 of the main Commerce building, and can also be 
accessed directly on the Web at 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 analysis of the comments received, we have made 
adjustments to the preliminary results calculation methodology in 
determining the final dumping margins in the proceeding. These 
adjustments are discussed in the Decision Memorandum.
    As a result of our review, we determine that the following 
weighted-average margins exist for the period of July 1, 1999, through 
June 30, 2000:

------------------------------------------------------------------------
                                               Weighted-average margin
           Exporter/manufacturer                     percentage
------------------------------------------------------------------------
Cultivos Marinos Chiloe, Ltda.............  0.02 (de minimis).
Pesquera Eicosal Ltda.....................  0.00.
Fiordo Blanco S.A.........................  0.27 (de minimis).
Cultivadora de Salmones Linao Ltda........  0.09 (de minimis).
Salmones Mainstream S.A...................  0.00.
Pesquera Mares Australes..................  0.00.
Salmones Multiexport Ltda.................  0.00.
Salmones Pacific Star, Ltda...............  0.00.
Salmones Pacifico Sur S.A.................  0.00.
Pesca Chile S.A...........................  0.06 (de minimis).
Salmones Tecmar S.A.......................  0.00.
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR

[[Page 42506]]

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 these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 6, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

    1. Calculation of Constructed Value Profit Rate.
    2. Collapse of Affiliated Parties.
    3. Clerical Errors.

[FR Doc. 01-20270 Filed 8-10-01; 8:45 am]
BILLING CODE 3510-DS-P