[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Notices]
[Pages 48339-48340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20664]



[[Page 48339]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-803]


Fresh Atlantic Salmon from Chile: Termination of the Five-Year 
Sunset Review

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

ACTION: Termination of the five-year sunset review of the antidumping 
duty order on fresh Atlantic salmon from Chile.

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SUMMARY: On June 2, 2003, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on fresh Atlantic salmon from Chile. See Initiation of Five-Year Sunset 
Review, 68 FR 32728 (June 2, 2003). In the sunset review of this order, 
no domestic party responded to the notice of initiation by the 
applicable deadline. On July 25, 2003, the Department published in the 
Federal Register final results of the changed circumstances review, 
revocation of order, and rescission of administrative review with 
respect to this order. See Fresh Atlantic Salmon from Chile: Final 
Results of Antidumping Duty Changed Circumstances Review, Revocation of 
Order, and Rescission of Administrative Review, 68 FR 44043 (July 25, 
2003). In the final results of the changed circumstances review, the 
Department determined to revoke the order on fresh Atlantic salmon from 
Chile, effective July 1, 2001, because domestic interested parties 
expressed no interest in the continuation of this order. Based on the 
final results of the changed circumstances review on fresh Atlantic 
salmon from Chile, which revoked the order as of a date prior to the 
date of the sunset revocation, the Department is terminating this 
sunset review.

EFFECTIVE DATE: August 13, 2003.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Kelly Parkhill, 
Office of Policy, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-3791, respectively.

SUPPLEMENTARY INFORMATION

The Applicable Statute and Regulations

    The Department's procedures for the conduct of sunset reviews are 
set forth in section 751(c) of the Tariff Act of 1930 and 19 CFR 
351.218. Guidance on methodological or analytical issues relevant to 
the Department's conduct of sunset reviews is set forth in the 
Department's Policy Bulletin 98:3--Policies Regarding the Conduct of 
Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Scope of 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.

Background

    On June 9, 1998, the Department issued an antidumping duty order on 
fresh Atlantic salmon from Chile. See Final Determination of Sales at 
Less Than Fair Value: Fresh Atlantic Salmon From Chile, 63 FR 31411 
(June 9, 1998). On June 2, 2003, the Department published in the 
Federal Register notice of initiation of the sunset review on fresh 
Atlantic salmon from Chile in accordance with 751(c) of the Act. See 
Initiation of Five-Year Sunset Review, 68 FR 32728 (June 2, 2003). In 
addition, as a courtesy to interested parties, the Department sent 
letters, via certified and registered mail, to each party listed on the 
Department's most current service list for this proceeding to inform 
them of the automatic initiation of a sunset review on this order. 
However, no domestic interested party in the sunset review on this 
order responded to the notice of initiation by the June 17, 2003, 
deadline (See 19 CFR 351.218(d)(1)(I) of Procedures for Conducting 
Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders, 63 FR 13520 (March 20, 1998)).
    On July 25, 2003, the Department published final results of the 
antidumping duty changed circumstances review, revocation of order, and 
rescission of administrative review. In the changed circumstances 
review the Department determined to revoke the antidumping duty order 
on fresh Atlantic salmon from Chile, effective July 1, 2001, the first 
day after the last completed review covering the 2001-2002 review 
period.

Determination to Terminate

    Pursuant to section 751(c)(3)(A) of the Act and section 
351.218(d)(1)(iii)(B)(3) of the Sunset Regulations, if no interested 
party responds to the notice of initiation, the Department will issue a 
final determination, within 90 days after the initiation of the review, 
revoking the finding or order or terminating the suspended 
investigation. In this sunset review, no domestic interested party 
responded to the notice of initiation by the applicable deadline. We 
would normally have revoked this order effective July 30, 2003, 
pursuant to 19 CFR 351.222(i)(2). However, in light of the final 
results of the changed circumstances review revoking this order, as of 
July 1, 2001, the Department is terminating the sunset review on fresh 
Atlantic salmon from Chile.

Effective Date of Revocation

    As a result of the changed circumstances review on fresh Atlantic 
salmon from Chile, the Department has instructed the U.S. Bureau of 
Customs and Border Protection to terminate the suspension of 
liquidation of the merchandise subject to this order entered, or 
withdrawn from a warehouse, on or after July 1, 2001. The effective 
date of revocation is July 1, 2001, the first day after the last 
completed review covering the 2001-2002 review period (68 FR 44043 
(July 25, 2003)).


[[Page 48340]]


    Dated: August 7, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-20664 Filed 8-12-03; 8:45 am]
BILLING CODE 3510-DS-P