[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70409-70410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29332]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801]


Fresh and Chilled Atlantic Salmon From Norway: Final Results of 
Full Third Sunset Review of Antidumping 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 antidumping duty (AD) 
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 AD order pursuant to 
section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our 
analysis, the Department finds that revocation of the AD order would 
likely lead to continuation or recurrence of dumping.

DATES: Effective Date: November 14, 2011.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office 3, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-1009.

[[Page 70410]]


SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2011, the Department initiated the third sunset 
review of the AD 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).
    Based on a finding that the substantive responses were adequate, we 
determined to conduct a full sunset review of this AD 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 July 29, 2011, the Department published in the Federal Register 
the preliminary results of the full third sunset review of the AD order 
on fresh and chilled Atlantic salmon from Norway. See Fresh and Chilled 
Atlantic Salmon From Norway: Preliminary Results of Full Third Sunset 
Review of Antidumping Duty Order, 76 FR 45513 (July 29, 2011) 
(Preliminary Results) and accompanying Issues and Decision Memorandum. 
We preliminarily found that dumping was likely to continue or recur.
    The Department invited interested parties to comment on the 
Preliminary Results. On September 19, 2011, we received a case brief 
from the GON, and on September 26, 2011, we received a rebuttal brief 
from Phoenix Salmon. We did not conduct a hearing because a hearing was 
not requested.

Scope of the Order

    The product covered by the 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'').\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 Final Results of Full Third Sunset Review 
of the Antidumping Duty Order on Fresh and Chilled Atlantic Salmon from 
Norway (Decision Memorandum) from Gary Taverman, Acting Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrently with this final 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 recommendation in this 
public memorandum which is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (IA ACCESS). Access to IA ACCESS is 
available in the Central Records Unit room 7046 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
signed Decision Memorandum and the electronic versions of the Decision 
Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the AD duty order on fresh and 
chilled Atlantic salmon from Norway would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
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Salmonor A/S................................................       18.39
Sea Star International A/S..................................       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 Seafood A/S...................................       19.96
Hallvard Leroy A/S..........................................       31.81
All Others..................................................       23.80
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Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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 violation which is 
subject to sanction.
    We are issuing and publishing the final results of this review in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: November 7, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29332 Filed 11-10-11; 8:45 am]
BILLING CODE 3510-DS-P