[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Notices]
[Pages 44043-44045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19022]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Fresh Atlantic Salmon from Chile: Final Results of Antidumping 
Duty Changed Circumstances Review, Revocation of Order, and Rescission 
of Administrative Review

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

ACTION: Final results of antidumping duty changed circumstances review; 
revocation of order; and rescission of administrative review.

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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). On July 1, 2003, based on the fact 
that domestic parties have expressed no interest in the continuation of 
the order, the Department published the preliminary results of the 
changed circumstances review and preliminarily revoked this order, 
retroactive to July 1, 2001, with respect to entries of fresh Atlantic 
salmon from Chile. See Notice of Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Fresh Atlantic Salmon from Chile, 68 
FR 39058 (July 1, 2003) (Preliminary Results). We gave interested 
parties an opportunity to comment on both the Initiation Notice and the 
Preliminary Results, but received no comments. Therefore, the 
Department hereby revokes the order on fresh Atlantic salmon from Chile 
for all entries that were entered, or withdrawn from the warehouse, on 
or after July 1, 2001, the first day after the last completed 
administrative review in this proceeding. As the result of the 
revocation of the order, the Department also is rescinding the on-going 
administrative review of fresh Atlantic salmon from Chile covering the 
period July 1, 2001, through June 30, 2002.

EFFECTIVE DATE: July 25, 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. Twelve respondents also 
requested reviews of themselves. 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).
    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 including

[[Page 44044]]

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., 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 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 on the 
Initiation Notice.
    On July 1, 2003, the Department published the preliminary results 
of the changed circumstances review and preliminarily revoked this 
order with respect to all unliquidated entries for all entries of fresh 
Atlantic salmon from Chile that were entered, or withdrawn from the 
warehouse, on or after July 1, 2001, based on the fact that domestic 
parties have expressed no interest in continuation of the order. In 
addition, we stated our intention to rescind the fourth administrative 
review. In the Preliminary Results, we stated that interested parties 
could submit case briefs to the Department no later than 10 days after 
the publication of the Preliminary Results notice in the Federal 
Register, and submit rebuttal briefs, limited to the issues raised in 
those case briefs, five days subsequent to this due date. We did not 
receive any comments on the Preliminary Results.

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.

Final Results of Changed Circumstances Review and Revocation of 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 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)(1)(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 all of the known 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 periods following the 
initiation and preliminary results of this review, the Department 
hereby revokes this order for all entries of fresh Atlantic salmon from 
Chile that were entered, or withdrawn from warehouse, on or after July 
1, 2001, the first day after the last completed administrative review 
in this proceeding, in accordance with sections 751(b) and (d) and 
782(h) of the Act and 19 CFR 351.216.

Rescission of Antidumping Duty Administrative Review

    On August 27, 2002, the Department published in the Federal 
Register (67 FR 55000) a notice of initiation of an administrative 
review for the period July 1, 2001, through June 30, 2002. As the 
result of the revocation of the order, the Department is rescinding the 
on-going administrative review of fresh Atlantic salmon from Chile 
pursuant to section 751(d)(3) of the Act.

Instructions to the Customs Service

    In accordance with 19 CFR 351.222, the Department will instruct the 
U.S. Bureau of Customs and Border Protection (BCBP) to terminate the 
suspension of liquidation and to liquidate, without regard to 
antidumping duties, all unliquidated entries of fresh Atlantic salmon 
from Chile, entered, or withdrawn from warehouse, on or after July 1, 
2001, which is the first day after the last completed review covering 
the 2001-2002 review period. The Department will further instruct the 
BCBP to refund with interest any estimated duties collected with 
respect to unliquidated entries of fresh Atlantic salmon from Chile 
entered, or withdrawn from warehouse, on or after July 1, 2001, in 
accordance with section 778 of the Act.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written

[[Page 44045]]

notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This notice of final results of antidumping duty changed 
circumstances review and revocation of the antidumping duty order are 
in accordance with sections 751(b) and (d), and 777(i) of the Act and 
19 CFR 351.222(g). The 2001-2002 antidumping duty administrative review 
of fresh Atlantic salmon from Chile is rescinded in accordance with 
section 751(d)(3) of the Act.

    Dated: July 21, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary.
[FR Doc. 03-19022 Filed 7-24-03; 8:45 am]
BILLING CODE 3510-DS-S