[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Notices]
[Pages 28196-28197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13027]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Fresh Atlantic Salmon from Chile

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.216(b)(2003) of the Department of 
Commerce's (the Department's) regulations, L.R. Enterprises, Inc. (L.R. 
Enterprises), Heritage Salmon Inc., Maine Nordic Salmon, Stolt Sea 
Farms Inc., Cypress Island Inc., Atlantic Salmon of Maine, and Trumpet 
Island Salmon Farm Inc., U.S. producers of fresh Atlantic salmon, each 
filed a request for a changed circumstances review of the antidumping 
duty (AD) order on fresh Atlantic salmon from Chile. Specifically, the 
parties request that the Department grant revocation of the AD order 
retroactive to July 1, 2001, the first day of the period of review 
covered by the on-going fourth administrative review. The domestic 
industry has affirmatively expressed a lack of interest in the 
continuation of the order. In response to the request, the Department 
is initiating a changed circumstances review with respect to the AD 
order on fresh Atlantic salmon from Chile.

EFFECTIVE DATE: May 23, 2003.

FOR FURTHER INFORMATION CONTACT: Keith Nickerson or Constance Handley, 
at (202) 482-3813 or (202) 482-0631, respectively; AD/CVD Enforcement 
Office V, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 30, 1998, the Department issued an AD 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). On July 1, 
2002, the Department issued a notice of opportunity to request the 
fourth administrative review of this order. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity to Request Administrative Review, 67 FR 44172 (July 1, 
2002).
    On July 31, 2002, in accordance with 19 CFR 351.213(b), L.R. 
Enterprises requested a review of 90 producers/exporters of fresh 
Atlantic salmon. On August 27, 2002, the Department published the 
notice of initiation of this AD administrative review, covering the 
period July 1, 2001, through June 30, 2002. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 67 FR 55000 (August 27, 2002). L.R. Enterprises 
subsequently withdrew its request for review of all but 13 of these 
companies. For a detailed discussion of L.R. Enterprises' withdrawals, 
as well as a listing of which respondents requested reviews, see Notice 
of Partial Rescission of Antidumping Duty Administrative Review: Fresh 
Atlantic Salmon from Chile, 67 FR 76378 (December 12, 2002) (Partial 
Rescission Notice).
    On April 29, 2003, L.R. Enterprises withdrew all requests for 
administrative reviews of the producers/exporters of fresh Atlantic 
salmon from Chile. Furthermore, L.R. Enterprises stated that it had no 
interest in maintaining the AD order. Subsequently, by letters dated 
April 29, 2003, five U.S. producers of fresh Atlantic salmon including 
Heritage Salmon Inc., Maine Nordic Salmon, Stolt Sea Farms Inc., 
Cypress Island Inc., and Atlantic Salmon of

[[Page 28197]]

Maine, requested that the Department initiate a changed circumstances 
review for the purposes of revoking the AD order on the subject 
merchandise. On May 2 and 7, 2003, L. R. Enterprises and Trumpet Island 
Salmon Farm Inc., respectively, submitted their requests to the 
Department for the initiation of a changed circumstances review for the 
purpose of revoking the AD order. All parties request that the 
Department grant revocation of the AD order retroactive to July 1, 
2001, the first day of the period of review covered by the on-going 
fourth administrative review.
    In accordance with 19 CFR 351.222(g), due to the lack of the 
domestic industry's interest, the Department finds that changed 
circumstances sufficient to warrant revocation may exist. Therefore, 
the Department is initiating a changed circumstances review under 19 
CFR 351.216. This initiation will enable the Department to solicit 
comments from all interested parties to determine whether substantially 
all of the domestic producers support revocation of the order with 
respect to the subject merchandise. See Certain Tin Mill Products from 
Japan: Final Results of Changed Circumstances Review, 66 FR 52109 
(October 12, 2001).

Scope of the Order

    The product covered by this order 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 order. 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 order is classifiable as item 
numbers 0302.12.0003 and 0304.10.4093 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.

Initiation of Changed Circumstances Antidumping Duty Administrative 
Review

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Act, the 
Department may revoke an antidumping or countervailing duty order, in 
whole or in part, based on a review under section 751(b) of the Act 
(i.e., a changed circumstances review). Section 751(b)(1) of the Act 
requires a changed circumstances review to be conducted upon receipt of 
a request which shows changed circumstances sufficient to warrant 
review of a final affirmative antidumping determination. Section 
351.222(g)(2) of the Department's regulations provides that the 
Department will conduct a changed circumstances review under 19 CFR 
351.216 if the Secretary concludes from the available information that 
changed circumstances sufficient to warrant revocation or termination 
may exist. The Department may revoke an order (in whole or in part), if 
the Secretary determines that: (i) producers accounting for 
substantially all of the production of the domestic like product to 
which the order (or the part of the order to be revoked) pertains have 
expressed a lack of interest in the relief provided by the order, in 
whole or in part, or (ii) if other changed circumstances sufficient to 
warrant revocation exist. In this context, the Department has 
interpreted ``substantially all'' production normally to mean at least 
85 percent of domestic production of the like product. See Certain Tin 
Mill Products From Japan: Final Results of Changed Circumstances 
Review, 66 FR 52109 (October 12, 2001); see also, 19 CFR 351.208(c). 
According to the record of this case the following are U.S. producers 
of fresh Atlantic salmon: L.R. Enterprises, Heritage Salmon Inc., Maine 
Nordic Salmon, Stolt Sea Farms Inc., Cypress Island Inc., Atlantic 
Salmon of Maine, and Trumpet Island Salmon Farm Inc. Based upon the 
statement of no interest by the U.S. producers referenced above, the 
Department determines that changed circumstances sufficient to warrant 
revocation may exist. Therefore, the Department is initiating this 
changed circumstances review.
    We will publish in the Federal Register a notice of preliminary 
results of the AD changed circumstances review, in accordance with 19 
CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the 
factual and legal conclusions upon which our preliminary results are 
based and a description of any action proposed based on those results. 
As per 19 CFR 351.221(b)(4), interested parties will have an 
opportunity to comment. Interested parties may submit comments for 
consideration in the Department's preliminary results not later than 20 
days after publication of this notice. Rebuttals to those comments may 
be submitted not later than 10 days following submission of the 
comments. All written comments must be submitted to the Department and 
served on all interested parties on the Department's service list in 
accordance with 19 CFR 351.303. The Department will issue its final 
results of review no later than 270 days after publication of this 
notice of initiation. During the course of this changed circumstances 
review, the current requirement for a cash deposit of estimated 
antidumping duties on all subject merchandise, including the 
merchandise subject to this changed circumstances review, will continue 
unless and until it is modified pursuant to the final results of this 
changed circumstances review or other administrative review.
    This notice is in accordance with sections 751(b)(1) and 777(I)(1) 
of the Act and 19 CFR 351.216, 351.221(b), and 351.222(g)(3)(I).

    Dated: May 16, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-13027 Filed 5-22-03; 8:45 am]
BILLING CODE 3510-DS-S