[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Notices]
[Page 77378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8136]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 29, 2005, the Department of Commerce (the 
``Department'') published a notice of preliminary results of the full 
sunset review of the antidumping duty order on fresh and chilled 
Atlantic salmon from Norway (``Salmon from Norway'') pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Fresh and Chilled Atlantic Salmon From Norway: Preliminary Results of 
the Full Sunset Review of Antidumping Duty Order, 70 FR 51012 (August 
29, 2005) (``Preliminary Results''). In those Preliminary Results we 
provided interested parties an opportunity to comment on our 
preliminary results. We received a case brief from the Norwegian 
Seafood Federation and the Norwegian Seafood Association 
(``respondents'') and a rebuttal brief from Heritage Salmon Company, 
Inc., and Atlantic Salmon of Maine (the ``domestic interested parties 
''). A hearing, requested by respondents, was held on October 26, 2005 
at the Department. As a result of this review, the Department finds 
that revocation of this order would be likely to lead to continuation 
or recurrence of dumping.

EFFECTIVE DATE: December 30, 2005.

FOR FURTHER INFORMATION CONTACT: Malcolm Burke or Zev Primor, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: 202-482-3584 or 202-482-
4114, respectively.

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, 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 Schedule of the United States (``HTSUS'') subheadings 
0302.12.0003 and 0302.12.0004. The HTSUS subheadings are provided for 
convenience and customs purposes. The written description remains 
dispositive as to the scope of the product coverage.

Background

    On August 29, 2005, the Department published in the Federal 
Register a notice of the Preliminary Results of the full sunset review 
of the antidumping duty order on Salmon from Norway. In those 
Preliminary Results we determined that revocation of the order would 
likely result in continuation or recurrence of dumping at the margins 
reported in the ``Final Results of Review'' section of this notice. On 
October 18, 2005, respondents submitted a case brief in response to the 
Department's Preliminary Results, and on October 24, 2005, the domestic 
interested parties submitted a rebuttal brief. A hearing, requested by 
respondents on August 29, 2005, was held at the Department on October 
26, 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 Decision 
Memorandum'' from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to Joseph A. Spetrini, Acting Assistant 
Secretary for Import Administration, dated December 28, 2005, which is 
hereby adopted and incorporated by reference into this notice. The 
issues discussed in the Issues and 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. Additionally, a complete version of the Issues and Decision 
Memorandum can be accessed on the internet at http://ia.ita.doc.gov. 
The paper copy and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Results of Review

    We 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 percent
Sea Star International..............................       24.61 percent
Skaarfish Mowi A/S..................................       15.65 percent
Fremstad Group A/S..................................       21.51 percent
Domstein and Co.....................................       31.81 percent
Saga A/S............................................       26.55 percent
Chr. Bjelland.......................................       19.96 percent
Hallvard Leroy A/S..................................       31.81 percent
All Others..........................................       23.80 percent
------------------------------------------------------------------------

    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act. This notice serves as a final 
reminder to parties subject to administrative protective order 
(``APO'') of their responsibility concerning the disposition of 
proprietary material disclosed under APO in accordance with 19 CFR 
351.305. 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: December 22, 2005.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-8136 Filed 12-29-05; 8:45 am]
BILLING CODE 3510-DS-S