[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Page 40315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20051]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-768 (Final)]


Fresh Atlantic Salmon From Chile

Determination

    On the basis of the record <SUP>1</SUP> developed in the subject 
investigation, the United States International Trade Commission 
determines,<SUP>2</SUP> pursuant to section 735(b) of the Tariff Act of 
1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United 
States is materially injured or threatened with material injury 
<SUP>3</SUP> by reason of imports from Chile of fresh Atlantic 
salmon,<SUP>4</SUP> provided for in subheadings 0302.12.00 and 
0304.10.40 of the Harmonized Tariff Schedule of the United States, that 
have been found by the Department of Commerce to be sold in the United 
States at less than fair value (LTFV).
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner Carol T. Crawford dissenting.
    \3\ Chairman Lynn M. Bragg determines that an industry in the 
United States is threatened with material injury by reason of the 
subject imports from Chile. Chairman Bragg further determines, 
pursuant to 19 U.S.C. 1673d(b)(4)(B), that she would not have found 
material injury but for the suspension of liquidation of entries of 
the merchandise under investigation. Vice Chairman Marcia E. Miller 
determines that an industry in the United States is materially 
injured by reason of the subject imports from Chile.
    \4\ For purposes of this investigation, Commerce has defined the 
subject merchandise as fresh, farmed Atlantic salmon, whether 
``dressed'' or cut. Atlantic salmon is the species Salmo salar, in 
the genus Salmo of the family Salmoninae. ``Dressed'' Atlantic 
salmon refers to salmon that has been bled, gutted, and cleaned. It 
may be imported with the head on or off, with the tail on or off, 
and with the gills in or out. All cuts of fresh Atlantic salmon are 
included in the scope of the investigations. Examples of cuts 
include, but are not limited to: crosswise cuts (steaks), lengthwise 
cuts (fillets), lengthwise cuts attached by skin (butterfly cuts), 
combinations of crosswise and lengthwise cuts (combination 
packages), and Atlantic salmon that is minced, shredded, or ground. 
Cuts may be subjected to various degrees of trimming, and imported 
with the skin on or off and with the ``pin bones'' in or out.
    Excluded from the scope are (1) fresh Atlantic salmon that is 
``not farmed'' (i.e., wild Atlantic salmon); (2) live Atlantic 
salmon; and (3) Atlantic salmon that has been subject to further 
processing, such as frozen, canned, dried, and smoked Atlantic 
salmon, or processed into forms such as sausages, hot dogs, and 
burgers.
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Background

    The Commission instituted this investigation effective June 12, 
1997, following receipt of a petition filed with the Commission and the 
Department of Commerce by the Coalition for Fair Atlantic Salmon 
Trade.<SUP>5</SUP> The final phase of the investigation was scheduled 
by the Commission following notification of a preliminary determination 
by the Department of Commerce that imports of fresh Atlantic salmon 
from Chile were being sold at LTFV within the meaning of section 733(b) 
of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the 
Commission's investigation and of a public hearing to be held in 
connection therewith was given by posting copies of the notice in the 
Office of the Secretary, U.S. International Trade Commission, 
Washington, DC, and by publishing the notice in the Federal Register of 
February 5, 1998 (63 FR 5965). The hearing was held in Washington, DC, 
on June 3, 1998, and all persons who requested the opportunity were 
permitted to appear in person or by counsel.
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    \5\ The individual members of FAST on whose behalf the petition 
was filed are as follows: Atlantic Salmon of Maine (Fairfield, ME); 
Cooke Aquaculture US, Inc. (Calais, ME); DE Salmon, Inc. (Calais, 
ME); Global Aqua USA, LLC (Seattle, WA); Island Aquaculture Corp. 
(Swans' Island, ME); Maine Coast Nordic, Inc. (Calais, ME); Scan Am 
Fish Farms (Anacortes, WA); and Treats Island Fisheries (Lubec, ME). 
On Mar. 9, 1998, the petition was amended to include as an 
additional petitioner Trumpet Island Salmon Farm, Inc. (Mount 
Desert, ME).
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    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on July 22, 1998. The views of the 
Commission are contained in USITC Publication 3116 (July 1998), 
entitled ``Fresh Atlantic Salmon from Chile: Investigation No. 731-TA-
768 (Final).''

    By order of the Commission.

    Issued: July 22, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-20051 Filed 7-27-98; 8:45 am]
BILLING CODE 7020-02-P