[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7512-7513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1983]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801, C-403-802]


Continuation of Antidumping and Countervailing Duty Orders: Fresh 
and Chilled Atlantic Salmon from Norway

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') order on 
fresh and chilled Atlantic salmon (``salmon'') from Norway would likely 
lead to continuation or recurrence of dumping; that revocation of the 
countervailing duty (``CVD'') order on salmon from Norway would likely 
lead to continuation or recurrence of a countervailable subsidy; and 
that revocation of these AD and CVD orders would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States, the Department is publishing this notice of the 
continuation of these AD and CVD orders.

EFFECTIVE DATE: February 13, 2006.

FOR FURTHER INFORMATION CONTACT: Zev Primor (AD order), Tipten Troidl 
(CVD order), AD/CVD Operations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street & 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4114 and (202) 482-1767, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2005, the Department initiated and the ITC 
instituted sunset reviews of the AD and CVD orders on salmon from 
Norway, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, 
as amended (the ``Act''), respectively. See Notice of Initiation of 
Five-year (``Sunset'') Reviews, 70 FR 5415 (February 2, 2005). As a 
result of its reviews, the Department found that revocation of the AD 
order would likely lead to continuation or recurrence of dumping and 
that revocation of the CVD order would likely lead to continuation or 
recurrence of subsidization, and notified the ITC of the margins of 
dumping and the subsidy rates likely to prevail were the orders 
revoked. See Fresh and Chilled Atlantic Salmon From Norway: Final 
Results of the Full Sunset Review of Antidumping Duty Order, 70 FR 
77378 (December 30, 2005) and Final Results of Expedited Sunset Review 
of Countervailing Duty Order: Fresh and Chilled Atlantic Salmon From 
Norway, 70 FR 53345 (September 8, 2005) (collectively, ``Final 
Results'').
    On February 1, 2006, the ITC determined that revocation of the AD 
and CVD orders on salmon from Norway would likely lead to continuation 
or recurrence of material injury within a reasonably foreseeable time. 
See Fresh and Chilled Atlantic Salmon From Norway, 71 FR 5373 (February 
1, 2006) (``ITC Determination'') and USITC Publication 3835 (January 
2006), entitled Fresh and Chilled Atlantic Salmon from Norway (Inv. 
Nos. 701-TA-302 and 731-TA-454 (Second Review)).

Scope of the Orders

    The merchandise covered by the AD and CVD orders 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 
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

[[Page 7513]]

convenience and customs purposes. The written description remains 
dispositive.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of these AD and CVD orders would likely lead to 
continuation or recurrence of dumping or a countervailable subsidy, and 
of material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD and CVD orders on salmon from Norway. U.S. 
Customs and Border Protection will continue to collect cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of these orders is 
the date of publication in the Federal Register of this Notice of 
Continuation.
    Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the 
Department intends to initiate the next five-year review of these 
orders not later than January 2011.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: February 7, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-1983 Filed 2-10-06; 8:45 am]
BILLING CODE 3510-DS-S