[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70411-70412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29335]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-403-802]


Fresh and Chilled Atlantic Salmon From Norway: Final 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 a notice of intent to participate 
and an adequate substantive response filed on behalf of the domestic 
interested party and adequate substantive responses from the 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 finds 
that revocation of the CVD order would likely lead to continuation or 
recurrence of a countervailable subsidy.

DATES: Effective Date: November 14, 2011.

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

SUPPLEMENTARY INFORMATION:

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. 
Phoenix Salmon U.S., Inc. (Phoenix Salmon), the domestic interested 
party, timely filed a notice of intent to participate and submitted a 
substantive response to the Department. The Government of Norway (GON), 
the Norwegian Seafood Federation, and Aquaculture Division of the 
Norwegian Seafood Association, the respondent interested parties, also 
submitted to the Department a substantive response.
    Based on a finding that the substantive responses were adequate, we 
determined to conduct a full sunset review of this CVD order. See 
Memorandum to Gary Taverman, Acting Deputy Assistant Secretary for AD/
CVD Operations, from Melissa Skinner, Director, AD/CVD 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 June 28, 2011, the Department published the preliminary results 
of this full sunset review, finding a likelihood of continuation or 
recurrence of subsidization with a net countervailable subsidy likely 
to prevail of 2.20 percent ad valorem for all producers/exporters of 
subject merchandise from Norway. See Fresh and Chilled Atlantic Salmon 
From Norway: Preliminary Results of Full Third Sunset Review of 
Countervailing Duty Order, 76 FR 37786 (June 28, 2011).
    Interested parties were invited to comment on the preliminary 
results. On September 7, 2011, we received a case brief from the GON, 
and on September 12, 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 
(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'').\1\ 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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    \1\ 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

[[Page 70412]]

Memorandum for the Final Results of Full Third Sunset Review of the 
Countervailing 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 electronic versions of the Decision 
Memorandum are identical in content.

Final Results of Review

    The Department 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. 
See Decision Memorandum.

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 3, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29335 Filed 11-10-11; 8:45 am]
BILLING CODE 3510-DS-P