[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Notices]
[Pages 44255-44256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22083]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-403-801]


Fresh and Chilled Atlantic Salmon From Norway, Amended Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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EFFECTIVE DATE: August 20, 1997.

FOR FURTHER INFORMATION CONTACT: Todd Peterson or Thomas Futtner, AD/
CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., N.W., Washington, D.C. 20230; telephone (202) 482-
4106, or 482-3814, respectively.

Applicable Statute and Regulations

    The Department is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Unless 
otherwise indicated, all citations to the statute and to the 
Department's regulations are in reference to the provisions as they 
existed on December 31, 1994.

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.

Amendment of Final Results

    On December 13, 1996, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on fresh and chilled Atlantic salmon from Norway 
(61 FR 65522). The review covered 24 exporters, and the period April 1, 
1993, through March 31, 1994.
    On December 12, 1996, petitioners, The Coalition for Fair Atlantic 
Salmon Trade, filed allegations of clerical errors with regard to the 
final results with respect to two respondents, Skaarfish A/S 
(Skaarfish) and Norwegian Salmon A/S (Norwegian Salmon). We also 
received allegations from both respondents on December 18, 1996, and 
December 30, 1996. Petitioners submitted rebuttal briefs on January 6, 
1997.
    Petitioners contends that the Department made a ministerial error 
in the final results by not adding amounts for indirect selling 
expenses and interest expenses to the revised cost of cultivation for 
both Norwegian Salmon and Skaarfish. Respondents did not comment on 
petitioner's allegation. After a review of petitioner's allegation, we 
agree with petitioners and have corrected these errors for the amended 
final results.
    Norwegian Salmon maintains that the Department made a ministerial 
error by incorrectly deducting duty and brokerage applicable to French 
sales from U.S. sales, rather than deducting these expenses from French 
sales. In addition, respondent maintains that the Department double-
counted U.S. credit expense. Petitioners did not comment on 
respondents' allegations. After a review of respondent's allegations, 
we agree with respondent and have corrected these errors for the 
amended final results.
    Norwegian Salmon also maintains that the Department erroneously 
double-counted certain expenses associated with damages resulting from 
underwater explosions affecting Norwegian Salmon's Farm C. Respondent 
maintains that the indemnity that Farm C received covered all of Farm 
C's expenses associated with the explosion and that the Department 
erred by subtracting the amount Farm C claimed as a loss in its 
financial statement. Petitioner disagrees with respondent. Petitioner 
states that the Department should reject the allegation because it 
concerns a methodological determination rather than a ministerial error 
as described in section 353.28(d) of the Department's regulations. 
Moreover, petitioner states that the Department's cost of production 
calculations correctly reflect the actual amounts recorded in Farm C's 
income statement and accounting ledgers for the loss and indemnity 
associated with the fish killed by the underwater detonations.
    We disagree with respondent that this is a ministerial error. Since 
751(f) of the Act defines the term ``ministerial error'' as errors in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the Secretary considers 
ministerial. The error alleged by respondent does not fall within this 
definition, and therefore, we determine that it is not a ministerial 
error.

Amended Final Results of Review

    As a result of comments received and programming errors corrected, 
we have revised our final results and determine that the following 
margins exist for the period April 1, 1993, through March 31, 1994:

------------------------------------------------------------------------
                                                                 Margin 
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
ABA A/S......................................................  \1\ 31.81
Artic Group..................................................  \2\ 31.81
Artic Products Norway A/S....................................  \1\ 31.81
Brodrene Sirevag A/S.........................................  \1\ 23.80
Cocoon Ltd A/S...............................................  \1\ 31.81
Delfa Norge A/S..............................................  \1\ 31.81
Delimar A/S..................................................     (\3\) 
Deli-Nor A/S.................................................     (\3\) 
Fjord Trading LTD. A/S.......................................  \1\ 23.80
Fresh Marine Co. Ltd.........................................  \2\ 31.81
Greig Norwegian Salmon.......................................  \2\ 31.81
Harald Mowinckel A/S.........................................  \1\ 23.80
Imperator de Norvegia........................................  \1\ 31.81
More Seafood A/S.............................................  \1\ 31.81
Nils Willksen A/S............................................  \1\ 31.81

[[Page 44256]]

                                                                        
North Cape Fish A/S..........................................  \1\ 31.81
Norwegian Salmon A/S.........................................     13.88 
Norwegian Taste Company A/S..................................  \2\ 31.81
Olsen & Kvalheim A/S.........................................  \1\ 23.80
Sekkingstad A/S..............................................  \1\ 23.80
Skaarfish-Mowi A/S...........................................      2.30 
Timar Seafood A/S............................................  \1\ 31.81
Victoria Seafood A/S.........................................  \2\ 31.81
West Fish Ltd. A/S...........................................  \1\ 23.80
------------------------------------------------------------------------
\1\ No shipments during the period; margin from the last administrative 
  review.                                                               
\2\ No response; highest margin from the original LTFV investigation.   
\3\ No shipments or sales subject to this review; the firm had no       
  individual rate from any segment of this proceeding.                  

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions concerning all respondents 
directly to the U.S. Customs Service.
    Further, 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 
amended final results of this administrative review, as provided for by 
section 751(a)(1) of the Act: (1) The case deposit rates for the 
reviewed firms will be the rates indicated above; (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 
review, a prior review or the original LTFV 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) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department or the LTFV 
investigation, the cash deposit rate will be 23.80 percent, all the 
others rate from the LFTV investigation.
    These deposit requirements 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 353.26 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 a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d). Timely written notification or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of the APO is a sanctionable 
violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: August 5, 1997.
Roberta S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-22083 Filed 8-19-97; 8:45 am]
BILLING CODE 3510-DS-M