[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Notices]
[Pages 42506-42507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20271]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-337-803)


Notice of Final Results of Changed Circumstances Antidumping Duty 
Review: Fresh Atlantic Salmon From Chile

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

SUMMARY: On August 22, 2000, the Department issued preliminary results 
of a changed circumstances review with respect to the antidumping duty 
order on fresh Atlantic salmon from Chile. In those preliminary 
results, the Department determined that Pesquera Mares Australes, Ltda. 
(Mares Australes), after merging with Marine Harvest Chile, S.A. 
(Marine Harvest), constituted a new entity that was subject to the 
antidumping duty order on fresh Atlantic salmon from Chile. The 
Department directed that liquidation of entries of subject merchandise 
under the name of Marine Harvest be suspended effective retroactively 
to July 1, 2000, the date of the merger of Mares Australes and Marine 
Harvest. After considering comments from interested parties, the 
Department continues to find that the post-merger Marine Harvest is a 
new entity subject to the antidumping duty order on fresh Atlantic 
salmon from Chile. Moreover, the Department has determined that, as the 
old Marine Harvest's sales were combined with those of Mares Australes 
during the second administrative review of fresh Atlantic salmon from 
Chile, the cash deposit rate applicable to future entries by Marine 
Harvest is the rate calculated for those combined sales.

EFFECTIVE DATE: August 13, 2001.

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 July 30, 1998, the Department issued an antidumping duty order 
on fresh Atlantic salmon from Chile. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Fresh Atlantic Salmon from Chile, 63 FR 40699 (July 30, 1998). 
The order covered merchandise produced by a number of companies, 
including Mares Australes, Ltda. (Mares Australes). The order excluded 
merchandise produced by a number of other companies, including Marine 
Harvest, which had been found to be dumping at a de minimis level in 
the less-than-fair-value (LTFV) investigation.
    On July 15, 1999, the parent company of Mares Australes purchased 
Marine Harvest. One week after the acquisition, the managing director 
of Mares Australes formed several task forces of Mares Australes and 
Marine Harvest officials to discuss how to harmonize and integrate the 
management of the two companies. By the end of 1999, the companies had 
laid off redundant management, and had created a single management 
structure.
    Mares Australes and Marine Harvest continued to distinguish salmon 
produced at their respective facilities, and to export their salmon to 
the United States under the respective names, until the end of June 
2000. On July 1, 2000, the parent company of Mares Australes directed, 
through a shareholder's

[[Page 42507]]

meeting, that Mares Australes be formally merged with Marine Harvest, 
and that the merged entity do business under the name of Marine 
Harvest. A detailed explanation of these developments can be found in 
the memorandum from the team to Gary Taverman, dated August 21, 2000 
(Mares Australes sales verification report), from the record of the 
first administrative review of the antidumping duty order on fresh 
Atlantic salmon from Chile and placed on the record of this changed 
circumstances review.
    On July 25, 2000, the petitioners filed a letter with the 
Department expressing concern over the merger of Marine Harvest and 
Mares Australes, and requesting the immediate suspension of liquidation 
of subject merchandise exported under the name of Marine Harvest.
    On August 22, 2000, based on the comments submitted by the 
petitioners, as well as information obtained by the Department, the 
Department simultaneously initiated a changed circumstances review and 
issued preliminary results of review. See Notice of Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty Review: 
Fresh Atlantic Salmon from Chile, 65 FR 52065 (August 28, 2000). The 
Department directed that liquidation of entries of subject merchandise 
under the name of Marine Harvest be suspended effective retroactively 
to July 1, 2000, the date of the merger of Mares Australes and Marine 
Harvest.
    The Department received a case brief from Marine Harvest on January 
4, 2001, and a rebuttal brief from the petitioners on January 11, 2001. 
A public hearing was held on March 15, 2001.

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

    All issues raised in the case and rebuttal briefs submitted by the 
parties to this changed circumstances review are listed in the appendix 
to this notice, and addressed in the August 7, 2001 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 a public document and is on file in Room B-
099 of the main Commerce building. In addition, a complete version of 
the memorandum can 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.

Final Results of the Changed Circumstances Review

    Based on our analysis of the comments received, we determine that 
the post-merger Marine Harvest is not the successor-in-interest to 
either the pre-merger Marine Harvest or the pre-merger Mares Australes, 
but rather is a new entity subject to the antidumping order. Further, 
we are assigning to Marine Harvest a cash deposit rate of 0.00 percent, 
the rate calculated for the combined sales of Marine Harvest and Mares 
Australes during the second administrative review. We will instruct the 
U.S. Customs Service accordingly.
    We are issuing these final results and notice in accordance with 
sections 751(b)(1) and 777(i)(1) of the Act and Sec. 351.216 of the 
Department's regulations.

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

Appendix

    1. Whether Marine Harvest is a new entity subject to the 
antidumping order.
    2. Whether Maine Harvest's procedural rights were violated.

[FR Doc. 01-20271 Filed 8-10-01; 8:45 am]
BILLING CODE 3510-DS-P