[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53345-53346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17743]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-403-802)


Final Results of Expedited Sunset Review of Countervailing Duty 
Order: Fresh and Chilled Atlantic Salmon From Norway

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 2, 2005, 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'') Reviews, 70 FR 5415 
(February 2, 2005). On the basis of a notice of intent to participate 
and an adequate substantive response filed on behalf of the domestic 
interested parties, as well as inadequate response (in this case, no 
response) from respondent interested parties, the Department conducted 
an expedited sunset review of this CVD order pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of 
this sunset review, the Department finds that revocation of the CVD 
order would be likely to lead to continuation or recurrence of a 
countervailable subsidy at the levels indicated in the ``Final Results 
of Review'' section of this notice.

EFFECTIVE DATE: September 8, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, Office 3, Import Administration, U.S. Department of 
Commerce, 14th Street & Constitution Avenue NW, Washington, DC 20230; 
telephone: (202) 482-1767 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2005, the Department initiated a sunset review of 
the countervailing duty order on fresh and chilled Atlantic salmon from 
Norway pursuant to section 751(c) of the Act. See Initiation of Five-
year (``Sunset'') Reviews, 70 FR 5415 (February 2, 2005). On February 
17, 2005, the Department received a notice of intent to participate on 
behalf of Heritage Salmon Company, Inc. and Atlantic Salmon of Maine 
within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic 
interested parties claimed interested party status as domestic 
producers of fresh and chilled Atlantic salmon pursuant to section 
771(9)(C) of the Act. The Department received a complete substantive 
response from the domestic parties within the 30-day deadline specified 
in 19 CFR 351.218(d)(3)(i). The Department did not receive a 
substantive response from any respondent interested party to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited sunset review of this CVD order.
    The Department determined that the sunset review of the CVD order 
on fresh and chilled Atlantic salmon from Norway is extraordinarily 
complicated. In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). Therefore, on May 13, 2005, the Department extended the time 
limit for completion of the final results of this review until not 
later than August 31, 2005.\1\
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    \1\ See Extension of Time Limits for Preliminary Results and 
Final Results of the Full Sunset Review of the Antidumping Duty 
Order on Fresh and Chilled Atlantic Salmon from Norway and the Final 
Results of the Expedited Sunset Review of the Countervailing Duty 
Order on Fresh and Chilled Atlantic Salmon from Norway, 70 FR 25537 
(May 13, 2005).
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Scope of the Order

    The merchandise covered by this order is the species Atlantic 
salmon (Salmon 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''). 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. Prior to January 1, 1990, Atlantic 
salmon was provided for under item numbers 0302.12.0060.8 and 
0302.12.0065.3 of the Harmonized Tariff Schedule of the

[[Page 53346]]

United States (``HTSUS'') (56 FR 7678, February 25, 1991). At the time 
of the original investigation, it was provided for under HTSUS item 
number 0302.12.0002.9. Currently, it is provided for under HTSUS item 
numbers 0302.12.0003 and 0302.12.0004.\2\ The subheadings above are 
provided for convenience and customs purposes. The written description 
remains dispositive.
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    \2\ See March 4, 2005, submission by domestic interested parties 
at 3.
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    There have been no scope rulings for the subject order.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from Barbara E. 
Tillman, Acting Deputy Assistant Secretary for Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, dated August 30, 2005, which is hereby adopted by this 
notice. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendation in this public 
memorandum which is on file in the Central Records Unit room B-099 of 
the main Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the CVD order on fresh 
and chilled Atlantic salmon would be likely to lead to continuation or 
recurrence of a countervailable subsidy at the rate listed below:

------------------------------------------------------------------------
                                                              Net
               Manufacturer/exporters                   Countervailable
                                                       Subsidy (percent)
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All producers/manufacturers/exporters...............                2.27
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Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-17743 Filed 9-7-05; 8:45 am]
BILLING CODE 3510-DS-S