70 FR 53345, September 8, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-403-802]
Final Results of Expedited Sunset Review of Countervailing Duty
Order: Fresh and Chilled Atlantic Salmon From Norway
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 2, 2005, 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'') Reviews, 70 FR 5415
(February 2, 2005). On the basis of a notice of intent to participate
and an adequate substantive response filed on behalf of the domestic
interested parties, as well as inadequate response (in this case, no
response) from respondent interested parties, the Department conducted
an expedited sunset review of this CVD order pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of
this sunset review, the Department finds that revocation of the CVD
order would be likely to lead to continuation or recurrence of a
countervailable subsidy at the levels indicated in the ``Final Results
of Review'' section of this notice.
EFFECTIVE DATE: September 8, 2005.
FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, Office 3, Import Administration, U.S. Department of
Commerce, 14th Street & Constitution Avenue NW, Washington, DC 20230;
telephone: (202) 482-1767 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2005, the Department initiated a sunset review of
the countervailing duty order on fresh and chilled Atlantic salmon from
Norway pursuant to section 751(c) of the Act. See Initiation of Five-
year (``Sunset'') Reviews, 70 FR 5415 (February 2, 2005). On February
17, 2005, the Department received a notice of intent to participate on
behalf of Heritage Salmon Company, Inc. and Atlantic Salmon of Maine
within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic
interested parties claimed interested party status as domestic
producers of fresh and chilled Atlantic salmon pursuant to section
771(9)(C) of the Act. The Department received a complete substantive
response from the domestic parties within the 30-day deadline specified
in 19 CFR 351.218(d)(3)(i). The Department did not receive a
substantive response from any respondent interested party to this
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an
expedited sunset review of this CVD order.
The Department determined that the sunset review of the CVD order
on fresh and chilled Atlantic salmon from Norway is extraordinarily
complicated. In accordance with section 751(c)(5)(C)(v) of the Act, the
Department may treat a review as extraordinarily complicated if it is a
review of a transition order (i.e., an order in effect on January 1,
1995). Therefore, on May 13, 2005, the Department extended the time
limit for completion of the final results of this review until not
later than August 31, 2005.\1\
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\1\ See Extension of Time Limits for Preliminary Results and
Final Results of the Full Sunset Review of the Antidumping Duty
Order on Fresh and Chilled Atlantic Salmon from Norway and the Final
Results of the Expedited Sunset Review of the Countervailing Duty
Order on Fresh and Chilled Atlantic Salmon from Norway, 70 FR 25537
(May 13, 2005).
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Scope of the Order
The merchandise 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, 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. Prior to January 1, 1990, Atlantic
salmon was provided for under item numbers 0302.12.0060.8 and
0302.12.0065.3 of the Harmonized Tariff Schedule of the
[[Page 53346]]
United States (``HTSUS'') (56 FR 7678, February 25, 1991). At the time
of the original investigation, it was provided for under HTSUS item
number 0302.12.0002.9. Currently, it is provided for under HTSUS item
numbers 0302.12.0003 and 0302.12.0004.\2\ The subheadings above are
provided for convenience and customs purposes. The written description
remains dispositive.
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\2\ See March 4, 2005, submission by domestic interested parties
at 3.
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There have been no scope rulings for the subject order.
Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memorandum'') from Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration, to Joseph
A. Spetrini, Acting Assistant Secretary for Import Administration, dated
August 30, 2005, which is hereby adopted by this notice. Parties can find
a complete discussion of all issues raised in this review and the
corresponding recommendation in this public memorandum which is on
file in the Central Records Unit room B-099 of the main Commerce building.
In addition, a complete version of the Decision Memorandum can be accessed
directly on the Web at https://enforcement.trade.gov/frn. The paper copy and
electronic version 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 be likely to lead to continuation or
recurrence of a countervailable subsidy at the rate listed below:
------------------------------------------------------------------------
Net
Manufacturer/exporters Countervailable
Subsidy (percent)
------------------------------------------------------------------------
All producers/manufacturers/exporters............... 2.27
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Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
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 results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-17743 Filed 9-7-05; 8:45 am]
BILLING CODE 3510-DS-S