[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Notices]
[Pages 39058-39059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16726]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Fresh Atlantic Salmon from Chile: Preliminary Results of 
Antidumping Duty Changed Circumstances Review and Notice of Intent to 
Revoke Order

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

ACTION: Preliminary results of antidumping duty changed circumstances 
review and notice of intent to revoke order and to rescind 
administrative review.

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

SUMMARY: On May 23, 2003, the Department of Commerce (the Department) 
published a notice of initiation of a changed circumstances review with 
the intent to revoke the antidumping order on fresh Atlantic salmon 
from Chile. See Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Fresh Atlantic Salmon from Chile, 68 FR 28196 
(May 23, 2003) (Initiation Notice). In our Initiation Notice, we 
invited interested parties to comment. We did not receive any comments. 
Based on the fact that domestic parties have expressed no interest in 
the continuation of the order, we now preliminarily revoke this order 
for all entries that were entered, or withdrawn from warehouse, on or 
after July 1, 2001, the first day after the last completed review in 
this proceeding.

EFFECTIVE DATE: July 1, 2003.

FOR FURTHER INFORMATION CONTACT: Keith Nickerson or Constance Handley, 
at (202) 482-3813 or (202) 482-0631, 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 July 30, 1998, the Department issued an antidumping duty (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)(2003), L.R. 
Enterprises, Inc. (L.R. Enterprises) requested a review of 90 
producers/exporters of fresh Atlantic salmon review, covering the 
period July 1, 2001, through June 30, 2002. Twelve respondents also 
requested reviews of themselves. On August 27, 2002, the Department 
published the notice of initiation of this AD administrative. 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).
    On April 29, 2003, L.R. Enterprises withdrew its request that the 
Department conduct reviews of the remaining 13 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, i.e. Heritage Salmon Inc., Maine Nordic Salmon, Stolt Sea Farms 
Inc., Cypress Island Inc., and Atlantic Salmon of Maine, requested that 
the Department initiate a changed circumstances review for the purpose 
of revoking the AD order on the subject merchandise. On May 2 and 7, 
2003, L. R. Enterprises and Trumpet Island Salmon Farm Inc. (another 
U.S. producer of fresh Atlantic salmon), 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 requested that the Department grant revocation of the AD order 
retroactive to July 1, 2001, the first day

[[Page 39059]]

of the period of review covered by the on-going fourth administrative 
review.
    On May 23, 2003, the Department published a notice of initiation of 
a changed circumstances review with the intent to revoke the AD order 
on fresh Atlantic salmon from Chile. In the Initiation Notice, we 
indicated that interested parties could submit comments for 
consideration in the Department's preliminary results no later than 20 
days after publication of the initiation of the review, and submit 
rebuttal to those comments no later than 10 days following the 
submission of comments. We did not receive any comments.

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.

Preliminary Results of Review and Intent to Revoke the AD Order

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of 
1930, as amended (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. The Department's regulations at 19 CFR 
351.222(g)(2) provide 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. 19 CFR 
351.222(g)(i); See also Certain Tin Mill Products From Japan: Final 
Results of Changed Circumstances Review, 66 FR 52109 (October 12, 2001) 
and 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 and the fact that the Department did not 
receive any comments during the comment period, the Department is 
preliminarily revoking the order on fresh Atlantic salmon from Chile 
for all entries that were entered, or withdrawn from warehouse, on or 
after July 1, 2001, the first day after the last completed review in 
this proceeding.
    In addition, if final revocation of the order occurs, we intend to 
instruct the U.S. Bureau of Customs and Border Protection (BCBP) to 
discontinue the suspension of liquidation and to refund any estimated 
antidumping duties collected for all unliquidated entries of fresh 
Atlantic salmon from Chile entered, or withdrawn from warehouse, for 
consumption on or after July 1, 2001. We will also instruct the BCBP to 
pay interest on any refunds with respect to the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after July 
1, 2001, in accordance with section 778 of the Act. The current 
requirement for a cash deposit of estimated antidumping duties will 
continue until publication of the final results of this changed 
circumstances review or other administrative review. We also note that 
if these preliminary results become final, we intend to rescind the 
current antidumping duty administrative review covering the period July 
1, 2001, through June 30, 2002.
    Interested parties wishing to comment on these results may submit 
briefs to the Department no later than 10 days after the publication of 
this notice in the Federal Register. Parties will have five days 
subsequent to this due date to submit rebuttal comments, limited to the 
issues raised in those comments. Parties who submit comments or 
rebuttal comments in this proceeding are requested to submit with the 
argument (1) a statement of the issue and (2) a brief summary of the 
argument (no longer than five pages, including footnotes). All written 
comments must be submitted in accordance with 19 CFR 351.303 and must 
be served on all interested parties on the Department's service list. 
Any requests for a hearing must be filed within 10 days of the 
publication of this notice in the Federal Register.
    The Department will issue its final results of this review in 
accordance with 19 CFR 351.216(e), and will publish these results in 
the Federal Register.
    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: June 26, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16726 Filed 6-30-03; 8:45 am]
BILLING CODE 3510-DS-S