[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