[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Notices]
[Pages 27987-27988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12875]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Fresh Atlantic Salmon From Chile: Amended Final Results of 
Antidumping Duty Changed Circumstances Review in Accordance With Court 
Decision

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

SUMMARY: On January 17, 2003, the Department of Commerce (the 
Department) issued its final results of redetermination pursuant to the 
remand order of the U.S. Court of International Trade (the Court) in 
Marine Harvest (Chile) S.A. v. United States, Slip Op. 02-134 (October 
31, 2002). Pursuant to the remand order, the Department refunded any 
cash deposits paid by Marine Harvest (Chile) S.A. (Marine Harvest) 
between the preliminary results of the changed circumstances review and 
the implementation of the instructions to the U.S. Bureau of Customs 
and Border Protection (Customs) issued after the final results of the 
changed circumstances review. In addition, the Department determined 
that the post-merger Marine Harvest was the successor-in-interest to 
both the pre-merger Marine Harvest and the former Pesquera Mares 
Australes, Ltda. (Mares Australes).

EFFECTIVE DATE: May 22, 2003.

FOR FURTHER INFORMATION CONTACT: Constance Handley or Carol Henninger, 
at (202) 482-0631 or (202) 482-3003, respectively; AD/CVD Enforcement, 
Office 5, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 28, 2000, the Department published in the Federal 
Register the preliminary results of the changed circumstances 
antidumping duty review with respect to the antidumping duty order on 
fresh Atlantic salmon from Chile. See Notice of Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty Review: 
Fresh Atlantic Salmon from Chile, 65 FR 52065 (Aug. 28, 2000) (Changed 
Circumstances Preliminary). In those preliminary results, the 
Department conducted a successor-in-interest analysis and concluded 
that the post-merger Marine Harvest was a new entity. The Department 
assigned the post-merger Marine Harvest a cash deposit rate of 2.23 
percent, the cash deposit rate of Mares Australes.
    On August 13, 2001, the Department published the final results of 
the changed circumstances review. See Notice of Final Results of 
Changed Circumstances Antidumping Duty Review: Fresh Atlantic Salmon 
from Chile, 66 FR 42506 (August 13, 2001) (Changed Circumstances 
Final). In those final results, the Department continued to find that 
the post-merger Marine Harvest was a new entity. The Department 
assigned Marine Harvest a zero cash deposit rate, which was the rate 
calculated for the combined entity of the pre-merger Marine Harvest and 
the former Mares Australes in the second administrative review. See 
Notice of Final Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review: Fresh 
Atlantic Salmon from Chile, 66 FR 42505 (August 13, 2001) (Salmon II).
    On October 12, 2001, Marine Harvest filed a complaint with the 
Court challenging certain aspects of the Department's preliminary and 
final results of the changed circumstances review. In addition, on 
March 19, 2002, Marine Harvest filed a Motion for Judgment Upon the 
Agency Record.
    On October 31, 2002, the Court issued its remand order, in which it 
held that the imposition of a cash deposit simultaneously with 
publication of the initiation and preliminary results in a changed 
circumstances review, without prior notice, was not in accordance with 
law, and ordered the Department to refund the cash deposits in a timely 
manner. In addition, the Court held that the Department's determination 
that Marine Harvest is a new entity was neither supported by 
substantial evidence nor in accordance with law, and ordered that, on 
remand, the Department reassess its successor-in-interest analysis. See 
Marine Harvest (Chile) S.A. v. United States, Slip Op. 02-134 (October 
31, 2002).
    Pursuant to the Court's remand order, the Department issued the 
final results of redetermination on January 17, 2003. In those results, 
the Department determined that the post-merger Marine Harvest is the 
successor-in-interest to both the pre-merger Marine Harvest and to the 
former Mares Australes and stated that it would refund any deposits 
paid by Marine Harvest between the Changed Circumstances Preliminary 
and the implementation of the Customs instructions issued after the 
Changed Circumstances Final.
    On March 4, 2003, the Court ordered that the Department's January 
17, 2003, remand results be sustained in their entirety, and thus 
dismissed the case. See Marine Harvest (Chile) S.A. v. United States, 
Slip Op. 03-22 (March 4, 2003). The Court's ruling constitutes a 
``final and conclusive'' decision in this case which is ``not in 
harmony'' with the Department's original determination. Accordingly, we 
have prepared these amended final results.

Amended Final Results of Changed Circumstances Review

    As a result of the Department's redeterminations on court remand, 
we have determined that Marine Harvest is the successor-in-interest to 
the pre-merger Marine Harvest and the former Mares Australes and have 
refunded any cash deposits paid by Marine Harvest between the Changed 
Circumstances Preliminary and the implementation of Customs 
instructions issued after the

[[Page 27988]]

Changed Circumstances Final. These deposits were paid on entries 
covered by the third period of review, for which the Department 
recently published its final results. See Notice of Final Results of 
Antidumping Duty Administrative Review, Final Determination to Revoke 
the Order in Part, and Partial Rescission of Antidumping Duty 
Administrative Review: Fresh Atlantic Salmon from Chile, 68 FR 6878 
(February 11, 2003).
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 
1930, as amended.

    Dated: May 15, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-12875 Filed 5-21-03; 8:45 am]
BILLING CODE 3510-DS-P