[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37786-37788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16217]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-403-802]


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

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

SUMMARY: On January 3, 2011, the Department of Commerce (the 
Department) initiated a sunset review of the countervailing duty (CVD) 
order on fresh and chilled Atlantic salmon from Norway pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). See 
Initiation of Five-Year (``Sunset'') Review, 76 FR 89 (January 3, 2011) 
(Sunset Initiation). On the basis of adequate substantive responses 
submitted by domestic and respondent interested parties, the Department 
determined to conduct a full sunset review of this CVD order pursuant 
to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of 
our analysis, the Department preliminary finds that revocation of the 
CVD order would likely lead to continuation or recurrence of a 
countervailable subsidy.

DATES: Effective Date: June 28, 2011.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4793.

SUPPLEMENTARY INFORMATION:

[[Page 37787]]

Background

    On January 3, 2011, the Department initiated the third sunset 
review of the CVD order on fresh and chilled Atlantic salmon from 
Norway pursuant to section 751(c) of the Act. See Sunset Initiation. On 
January 13, 2011, the Government of Norway (GON), Norwegian Seafood 
Federation (NSF), and Aquaculture Division of the Norwegian Seafood 
Association (ADNSA) (collectively, the respondents), filed letters of 
appearance in the review.\1\ On January 18, 2011, Phoenix Salmon U.S., 
Inc. (Phoenix Salmon), a domestic producer of fresh and chilled 
Atlantic salmon, filed a notice of intent to participate in the 
review.\2\
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    \1\ These public documents and all other public documents and 
public versions of proprietary documents with regard to this third 
full sunset review are available on the public record located in the 
Department's Central Records Unit at room 7046 of the main 
Department of Commerce building.
    \2\ Phoenix Salmon claimed to be the successor to the two 
domestic producers who participated in the prior sunset review--
Atlantic Salmon of Maine and Heritage Salmon Company, Inc.
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    On January 21, 2011, NSF and ADNSA supplemented their letter of 
appearance by submitting to the Department a list of their members. On 
February 2, 2011, the Department received a substantive response from 
Phoenix Salmon and a joint substantive response from the respondents 
within the deadline specified in 19 CFR 351.218(d)(3)(i). The 
Department received rebuttal comments from Phoenix Salmon and the GON 
on February 14, 2011. On February 25, 2011, the GON submitted a 
surrebuttal to Phoenix Salmon's rebuttal responding to the company's 
claims that NSF and ADNSA are not interested parties.
    On March 3, 2011, Department officials met with Phoenix Salmon, who 
reiterated statements made in its submissions regarding the interested 
party status of NSF and ADNSA. See Memorandum to the File, through 
Melissa Skinner, Director, AD/CVD Operations, Office 3, from Kristen 
Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding 
``Meeting with Counsel for the Domestic Interested Party,'' (March 3, 
2011). On March 4, 2011, the Department issued a letter to NSF and 
ADNSA requesting that each association identify their members that are 
producers or exporters of the subject merchandise. On March 11, 2011, 
NSF and ADNSA submitted annotated membership lists, which identify the 
members of each association that are producers or exporters of subject 
merchandise. On March 16, 2011, Phoenix Salmon submitted comments on 
the membership lists submitted by NSF and ADNSA.
    On April 6, 2011, the Department issued its adequacy determination 
memorandum. The Department found that the domestic and respondent 
parties submitted adequate substantive responses and that NSF and ADNSA 
have standing as interested parties in this review. The Department, 
therefore, determined to conduct a full sunset review of this CVD 
order. See Memorandum to Gary Taverman, Acting Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Melissa Skinner, Director, Antidumping and Countervailing Duty 
Operations, Office 3, regarding ``Adequacy Determination: Third Sunset 
Reviews of the Antidumping and Countervailing Duty Orders on Fresh and 
Chilled Atlantic Salmon From Norway,'' (April 6, 2011). On April 12, 
2011, the Department extended the deadline for the preliminary and 
final results of this sunset review. See Fresh and Chilled Atlantic 
Salmon From Norway: Extension of Time Limits for Preliminary and Final 
Results of Full Third Antidumping and Countervailing Duty Sunset 
Reviews, 76 FR 20312 (April 12, 2011) (Salmon Extension Notice). The 
Department did not receive comments on the adequacy determination 
memorandum from any party to this review.

Scope of the Order

    The product covered by the order is the species Atlantic salmon 
(Salmo 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'').\3\ 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 Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 0302.12.0003 and 0302.12.0004.
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    \3\ On August 5, 2009, the Department made a final scope ruling 
determining that whole salmon steaks are within the scope of the 
order. See Notice of Scope Rulings, 75 FR 14138 (March 24, 2010).
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    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 this review are addressed in the Issues and 
Decision Memorandum for the Preliminary Results of Full Third Sunset 
Review of the Countervailing Duty Order on Fresh and Chilled Atlantic 
Salmon from Norway (Decision Memorandum) from Edward C. Yang, Acting 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, dated concurrently with this preliminary notice, 
which is hereby adopted by this notice. Parties can find a complete 
discussion of all issues raised in this full sunset review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Department's Central Records Unit. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
Internet at http://trade.gov/ia. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the CVD 
order on fresh and chilled Atlantic salmon would likely lead to 
continuation or recurrence of a countervailable subsidy at the rate of 
2.20 percent ad valorem for all producers/exporters of subject 
merchandise from Norway. Interested parties may submit case briefs no 
later than 50 days after the date of publication of the preliminary 
results of this full sunset review, in accordance with 19 CFR 
351.309(c)(1)(i). Any interested party may request a hearing within 30 
days of publication of this notice in accordance with 19 CFR 
351.310(c). Rebuttal briefs, which must be limited to issues raised in 
the case briefs, may be filed not later than the five days after the 
time limit for filing case briefs in accordance with 19 CFR 351.309(d).
    A hearing if requested will be held two days after the date the 
rebuttal briefs are due. The Department will issue a notice of final 
results of this full sunset review, which will include the results of 
its analysis of issues raised in any such comments, no later than 
November 29, 2011. See Salmon Extension Notice.
    We are issuing and publishing the results and notice in accordance 
with

[[Page 37788]]

sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 21, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-16217 Filed 6-27-11; 8:45 am]
BILLING CODE 3510-DS-P