64 FR 17616, April 12, 1999

DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801]

Fresh and Chilled Atlantic Salmon from Norway;
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.

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SUMMARY: On December 31, 1998, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of administrative review of the antidumping order on fresh and chilled
Atlantic salmon from Norway. The review covers one manufacturer/
exporter of the subject merchandise shipped to the United States during
the period April 1, 1997, through March 31, 1998. We did not receive
any comments on the preliminary results. The dumping margin for the
reviewed company is unchanged from the preliminary results.

EFFECTIVE DATE: April 12, 1999.

FOR FURTHER INFORMATION CONTACT: John Conniff or Thomas Futtner, AD/CVD
Enforcement, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone 202/482-
1009 or 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the preliminary results of this review on
December 31, 1998 (63 FR 72244). The Department has now completed this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995,

[[Page 17617]]

the effective date of the amendments made to the Act by the Uruguay
Round Agreements Act (URAA). In addition, unless otherwise indicated,
all citations to the Department's regulations refer to the regulations
codified at 19 CFR Part 351 (1998).

Scope of the Review

    The merchandise covered by this review is fresh and chilled
Atlantic salmon (salmon). It encompasses the species of Atlantic salmon
(Salmo salar) marketed as specified herein; the subject merchandise
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 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. Fresh and chilled Atlantic salmon
is currently provided for under Harmonized Tariff Schedule (HTS)
subheading 0302.12.00.02.09. The HTS item number is provided for
convenience and Customs purposes. The written description remains
dispositive.

Final Results of Review

    The Department received no comments on its preliminary results and
we did not make any changes to our analysis. Therefore, the margin from
the preliminary results has not changed for the final results of
review.

------------------------------------------------------------------------
                                                              Margin
                  Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Nornir Group A/S........................................           31.81
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. We will assess
antidumping duties on the above firm's entries at the same rate as its
above stated dumping margin since the margin is not a calculated rate,
but is a rate based upon facts available pursuant to section 776 of the
Act.
    Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these final results of this administrative review, as provided for by
section 751(a)(1) of the Act: (1) The cash deposit rate for the
reviewed firm will be that firm's rate established in the final results
of this administrative review; (2) for previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this or a prior
review, or the original less than fair value investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
the cash deposit rate for all other manufacturers or exporters not
previously reviewed will be 23.80 percent, the ``all others'' rate
established in the final determination of sales at less than fair
value, published by the Department (56 FR 14920, April 12, 1991).
    These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
    This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO. Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with
sections 751(a)(1)(B) and 777(i)(1)of the Act.

    Dated: April 6, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-9049 Filed 4-9-99; 8:45 am]
BILLING CODE 3510-DS-P