[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32370-32371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13780]



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DEPARTMENT OF COMMERCE



International Trade Administration



[A-403-801]




Final Results of Antidumping Duty Changed Circumstances Review: 

Fresh and Chilled Atlantic Salmon from Norway



AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.



ACTION: Final Results of Antidumping Duty Changed Circumstances Review: 

Fresh and Chilled Atlantic Salmon from Norway



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SUMMARY: On August 5, 2009, the Department of Commerce (Department) 

initiated a changed circumstances review of the antidumping order on 

fresh and chilled Atlantic Salmon from Norway and preliminarily 

determined that Nordic Group AS is the successor-in-interest to Nordic 

Group A/L for purposes of determining antidumping duty liability. We 

received comments from interested parties. Based on our analysis, we 

are now affirming our preliminary results.



EFFECTIVE DATE: June 8, 2010.



FOR FURTHER INFORMATION CONTACT: John Conniff, Office of AD/CVD 

Operations, Office 3, Import Administration, International Trade 

Administration, U.S. Department of Commerce, 14th and Constitution 

Avenue, NW, Washington, DC 20230; telephone: (202) 482-1009.



SUPPLEMENTARY INFORMATION:



Background



    On April 12, 1991, the Department issued the order on fresh and 

chilled Atlantic Salmon from Norway. See Antidumping Duty Order: Fresh 

and Chilled Atlantic Salmon from Norway, 56 FR 14920 (April 12, 1991) 

(Norwegian Salmon Order). Nordic Group A/L, as an exporter of subject 

fresh whole salmon from Norway to the U.S., requested a new shipper 

review (NSR) in 1995. The Department issued the final results of the 

NSR in which it calculated a de minimis margin for Nordic Group A/L. 

See Fresh and Chilled Salmon from Norway: Final Results of New Shipper 

Antidumping Duty Administrative Review, 62 FR 1430 (January 10, 1997). 

On December 30, 2005, the Department published in the Federal Register 

the final results of the full sunset review of the antidumping duty 

order on fresh and chilled Atlantic Salmon from Norway. See Fresh and 

Chilled Atlantic Salmon from Norway: Final Results of the Full Sunset 

Review of Antidumping Duty Order, 70 FR



[[Page 32371]]



77378 (December 30, 2005) (Sunset Final), and continued the order in 

2005.

    On June 12, 2009, Nordic Group AS (respondent) filed a request for 

a changed circumstances review of the Norwegian Salmon Order. Claiming 

that Nordic Group A/L changed its name to Nordic Group AS, Nordic Group 

AS requested that it receive the same antidumping duty treatment as is 

accorded to Nordic Group A/L. In addition, Nordic Group AS submitted 

documentation of its management, sales operations, supplier 

relationships and customer base in support of its claim. Nordic Group 

AS requested further that the Department combine the notice of 

initiation of the review and the preliminary results of review in a 

single notice as this review essentially involves only corporate name 

changes.

    On August 5, 2009, the Department published its Notice of 

Initiation and Preliminary Results of Antidumping Duty Changed 

Circumstances Review: Fresh and Chilled Atlantic Salmon from Norway, 74 

FR, August 5, 2009) (Initiation and Preliminary Notice) determining 

that expedited action was warranted because Nordic Group AS had 

provided prima facia evidence that Nordic Group AS is the successor-in-

interest and operates as the same business entity as Nordic Group A/L.

    On August 26, 2009, Cooke Aquaculture Inc. (``the petitioner'') 

filed a case brief in response to the Department's Initiation and 

Preliminary Notice requesting that the Department conduct a full 270-

day investigation of the proceeding and within its brief submitted new 

information in support of its allegations that the Nordic Group AS 

failed to provide full descriptions of its operation and organization. 

On September 16, 2009, the respondent submitted a case brief rebutting 

petitioners' assertions, which also included new information.

    Under 19 CFR 351.301(b), parties will have ``140 days after the 

date of publication of notice of initiation of the review to submit new 

factual information, except that factual information requested by the 

verifying officials.'' Thus, parties had until December 23, 2009, to 

submit new information and argument. Accordingly, the Department 

accepted all of the new factual information supplied by both parties on 

the record submitted before the December 23, 2009, deadline. Further, 

in light of the new information on the record, on April 6, 2010, the 

Department issued an additional briefing schedule inviting parties to 

brief the new information in addition to what was already on the 

record. We received case and rebuttal briefs from both parties on April 

13, 2010, and April 20, 2010.

    On April 30, 2010 the Department determined that it needed 

additional time to complete the review in accordance with 19 CFR 

351.302 (b), extended the time period for issuing the final results of 

the changed circumstances review by two weeks, until May 17, 2010.



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. 

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.



Analysis of Comments Received



    All issues raised in the case and rebuttal briefs by parties to 

this changed circumstances review are addressed in the Issues and 

Decision Memorandum, which is hereby adopted by this notice. A list of 

the issues which parties have raised, and to which we have responded in 

the Issues and Decision Memorandum, is attached to this notice as an 

Appendix. The Issues and Decision Memorandum is available in the 

Central Records Unit, room 1117, of the main Commerce building. In 

addition, a complete version of the Issues and Decision Memorandum can 

be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 

copy and electronic version of the Issues and Decision Memorandum are 

identical in content.



Final Results of Changed Circumstances Review



    In accordance with 19 CFR 351.221(c) (3) (i), we have determined 

that Nordic Group AS is the successor-in-interest to Nordic Group A/L 

and should be accorded the same treatment as Nordic Group A/L. We will 

instruct U.S. Customs and Border Protection that a cash deposit rate of 

zero percent will be effective Nordic Group AS for all shipments of the 

subject merchandise entered, or withdraw from a warehouse, for 

consumption on or after the date of publication of these final results.



Notification



    This notice 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 notification of 

the 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 is published in accordance with sections 751(b) (1) and 

777(i) of the Act and 19 CFR 351.216 and 351.221.



    Dated: June 1, 2010.

Ronald K. Lorentzen,

Deputy Assistant Secretary for Import Administration.



APPENDIX



Comment 1 Evidence on the Record to Support a CCR

Comment 2 Comparison of Nordic Group A/L Relative to Nordic Group AS

Comment 3 CCR with Respect To Nordic AS

    A) Customer and Supplier Relationships

    B)Management Structure and Board of Directors

    C)Production Facilities

Comment 4 Document Retention

Comment 5 Timeliness of Nordic AS Request for a CCR

Comment 6 Nordic Group Utilizing the Zero Percent Rate

Comment 7 Nordic Group AS's Corporate History

[FR Doc. 2010-13780 Filed 6-7-10; 8:45 am]

BILLING CODE 3510-DS-S