[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51012-51013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4718]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801]


Fresh and Chilled Atlantic Salmon From Norway: Preliminary 
Results of the Full Sunset Review of Antidumping Duty Order

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

SUMMARY: On February 2, 2005, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty order on 
fresh and chilled Atlantic salmon from Norway (Salmon from Norway) (70 
FR 5415) pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). On the basis of substantive responses filed by 
domestic and respondent interested parties, the Department determined 
to conduct a full review. As a result of this review, the Department 
preliminarily finds that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the levels 
indicated in the Preliminary Results of Review section of this notice.

EFFECTIVE DATE: August 29, 2005.

FOR FURTHER INFORMATION CONTACT: Zev Primor, AC/CVD Operations, Office 
IV, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC , 20230; telephone: 202-482-4114.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by this order is the species Atlantic salmon 
(Salmon Salar) marketed as specified herein; the order excludes all 
other species of salmon: Danube salmon, Chinook (also called ``king'' 
or ``quinnat''), Coho (``silver''), Sockeye (``redfish'' or 
``blueback''), Humpback (``pink'') and Chum (``dog''). Atlantic salmon 
is a whole or nearly-whole fish, typically (but not necessarily) 
marketed gutted, bled, and cleaned, with the head on. The subject 
merchandise is typically packed in fresh-water ice (``chilled''). 
Excluded from the subject merchandise are fillets, steaks and other 
cuts of Atlantic salmon. Also excluded are frozen, canned, smoked or 
otherwise processed Atlantic salmon. Atlantic salmon was classifiable 
under item number 110.2045 of the Tariff Schedules of the United States 
Annotated (``TSUSA''). Atlantic salmon is currently provided for under 
the Harmonized Tariff Schedules of the United States (``HTSUS'') 
subheadings 0302.12.0003 and 0302.12.0004.\1\ The HTSUS subheadings are 
provided for convenience and customs purposes. The

[[Page 51013]]

written description remains dispositive as to the scope of the product 
coverage.
---------------------------------------------------------------------------

    \1\ Prior to January 1, 1990, Atlantic salmon was provided for 
under item numbers 0302.0060.8 and 0302.12.0065.3 of HTSUS (56 FR 
7678, February 25, 1991). In 1992, the HTSUS subheading for Atlantic 
salmon was revised. Specifically, the HTSUS subheading of 
0302.12.00.02.9 was divided into two different subheadings: 
0302.12.0003 (Farmed) and 0302.12.0004 (Not farmed).
---------------------------------------------------------------------------

    There have been no scope rulings for the subject order. There was 
one changed circumstances determination in which the Department 
affirmed that Kinn Salmon A/S was the successor-in-interest to 
Skaarfish Group A/S. See Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstance Antidumping Duty Administrative 
Review, 64 FR 9979 (March 1, 1999).

Background

    On February 2, 2005, the Department published its notice of 
initiation of the second sunset review of the antidumping duty order on 
Salmon from Norway, in accordance with section 751(c) of the Act. See 
Notice of Initiation of Five-Year (``Sunset'') Reviews, 70 FR 5415 
(February 2, 2005). The Department received Notices of Intent to 
Participate on behalf of Heritage Salmon Company, Inc., and Atlantic 
Salmon of Maine (collectively, ``petitioners''), within the applicable 
deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations. Petitioners claimed interested party status pursuant to 
sections 771(9)(C) and (D) of the Act. The Department received a 
complete substantive response to the notice of initiation from 
petitioners within the 30-day deadline specified in the Department's 
regulations under section 351.218(d)(3)(i). The Department also 
received a complete substantive response from respondent interested 
parties, The Norwegian Seafood Federation (NSF) and The Norwegian 
Seafood Association (NSA) (collectively ``respondents''), within the 
applicable deadline specified in section 351.218(d)(3)(i). On March 9, 
2005, the Department received rebuttal comments from respondents. 
Additionally, on February 25, 2005 and March 9, 2005, petitioners filed 
comments challenging the standing of the respondents in this 
proceeding. On March 4, March 11 and March 16, 2005, respondents 
rebutted petitioners' comments pertaining to their standing and filed 
comments challenging petitioners' standing in this proceeding.
    Section 351.218(e)(1)(ii)(A) of the Department's regulations 
provides that the Secretary normally will conclude that respondents 
have provided an adequate response to a notice of initiation where it 
receives complete substantive responses from respondent interested 
parties accounting on average for more than 50 percent, by volume, or 
value, if appropriate, of the total exports of the subject merchandise 
to the United States over the five calender years preceding the year of 
publication of the notice of initiation. On April 13, 2005, the 
Department determined that respondents have standing in the instant 
review and also that their filings constituted an adequate response to 
the notice of initiation. In accordance with section 351.218(e)(2)(i) 
of the Department's regulations, the Department determined to conduct a 
full sunset review of this antidumping duty order. See Memorandum from 
the Sunset Team to Ronald Lorentzen, Acting Director, Office of Policy. 
On April 25, 2005, all parties submitted comments pertaining to the 
Department's April 13, 2005, decision to grant respondents standing in 
this proceeding and to accept respondents' filings as adequate.
    On May 13, 2005, the Department determined that the sunset review 
of the antidumping duty order on Salmon from Norway is extraordinarily 
complicated, and, therefore, we extended the time limit for completion 
of the final results of this review until not later than December 29, 
2005, in accordance with section 751(c)(5)(B) of the Act. See Extension 
of Time Limits for Preliminary Results and Final Results of the Full 
Sunset Review of the Antidumping Duty Order on Fresh and Chilled 
Atlantic Salmon from Norway and the Final Results of the Expedited 
Sunset Review of the Countervailing Duty Order on Fresh and Chilled 
Atlantic Salmon from Norway, 70 FR 25537 (May 13, 2005).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Preliminary 
Decision Memorandum'' (Preliminary Decision Memorandum) from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, dated August 22, 2005, which is hereby adopted and 
incorporated by reference into this notice. The issues discussed in the 
attached Preliminary Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail were the order revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit, room B-099, of the main Commerce building.
    In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Web at www.ita.doc.gov/import_admin/records/frn/ under the heading ``Norway 2005.'' The paper 
copy and electronic version of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order on Salmon from Norway would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average margins:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Salmonor A/S........................................               18.39
Sea Star International..............................               24.61
Skaarfish Mowi A/S..................................               15.65
Fremstad Group A/S..................................               21.51
Domstein and Co.....................................               31.81
Saga A/S............................................               26.55
Chr. Bjelland.......................................               19.96
Hallvard Leroy A/S..................................               31.81
All Others..........................................               23.80
------------------------------------------------------------------------

    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.
    This notice serves as the preliminary reminder to parties subject 
to administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

    Dated: August 22, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4718 Filed 8-26-05; 8:45 am]
BILLING CODE 3510-DS-S