[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12800-12801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5024]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-403-801, C-403-802]
Fresh and Chilled Atlantic Salmon From Norway: Revocation of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the International Trade
Commission (the ``ITC'') that revocation of the antidumping duty
(``AD'') and countervailing duty (``CVD'') orders on fresh and chilled
Atlantic salmon (``salmon'') from Norway would not be likely to lead to
the continuation or recurrence of material injury to an industry in the
United States, the Department of Commerce (the ``Department'') is
revoking these AD and CVD orders.
DATES: Effective Date: February 13, 2011.
FOR FURTHER INFORMATION CONTACT: Eric Greynolds, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6071.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2011, the Department initiated and the ITC instituted
sunset reviews of the AD and CVD orders on salmon from Norway, pursuant
to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the
``Act''), respectively. See Initiation of Five-Year (``Sunset'')
Review, 76 FR 89 (January 3, 2011); Fresh and Chilled Atlantic Salmon
From Norway, 76 FR 166 (January 3, 2011). As a result of its reviews,
the Department found that revocation of the AD order would likely lead
to continuation or recurrence of dumping and that revocation of the CVD
order would likely lead to continuation or recurrence of
countervailable subsidization, and notified the ITC of the margins of
dumping and the subsidy rates likely to prevail were the orders
revoked. See Fresh and Chilled Atlantic Salmon From Norway: Final
Results of Full Third Sunset Review of Antidumping Duty Order, 76 FR
70409 (November 14, 2011), and Fresh and Chilled Atlantic Salmon From
Norway: Final Results of Full Third Sunset Review of Countervailing
Duty Order, 76 FR 70411 (November 14, 2011).
On February 23, 2012, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the AD and CVD orders
on salmon from Norway would not be likely to lead to the continuation
or recurrence of material injury within a reasonably foreseeable time.
See Fresh and Chilled Atlantic Salmon from Norway, 77 FR 10772
(February 23, 2012) and USITC Publication 4303 (February 2012),
entitled Fresh and Chilled Atlantic Salmon from Norway (Inv. Nos. 701-
TA-302 and 731-TA-454 (Third Review)).
Scope of the Orders
The product covered by the orders 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.
Determination
As a result of the determinations by the ITC that revocation of
these AD and CVD orders would not be likely to lead to continuation or
recurrence of material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, the Department is revoking
the AD and CVD orders on salmon from Norway. Pursuant to section
751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of
revocation is February 13, 2011 (i.e., the fifth anniversary of the
effective date of publication in the Federal Register of the
continuation of these orders).\2\
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\2\ See Continuation of Antidumping and Countervailing Duty
Orders: Fresh and Chilled Atlantic Salmon from Norway, 71 FR 7512
(February 13, 2006).
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The Department will notify U.S. Customs and Border Protection, 15
days after publication of this notice, to terminate suspension of
liquidation and collection of cash deposits on entries of the subject
merchandise, entered or withdrawn from warehouse, on or after February
13, 2011. Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
antidumping and/or countervailing duty deposit requirements.
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
[[Page 12801]]
These five-year (sunset) reviews and notice are in accordance with
section 751(d)(2) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: February 24, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-5024 Filed 3-1-12; 8:45 am]
BILLING CODE 3510-DS-P