32370 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

Federal Register. The Department will 

instruct CBP to require a cash deposit or 

the posting of a bond equal to the 

weighted-average dumping margin 

amount by which the normal value 

exceeds U.S. price, as follows: (1) The 

rate for the exporter/producer 

combinations listed in the chart above 

will be the rate the Department has 

determined in this final determination; 

(2) for all PRC exporters of subject 

merchandise which have not received 

their own rate, the cash-deposit rate will 

be the PRC-wide entity rate; and (3) for 

all non-PRC exporters of subject 

merchandise which have not received 

their own rate, the cash-deposit rate will 

be the rate applicable to the PRC 

exporter/producer combination that 

supplied that non-PRC exporter. These 

suspension-of-liquidation instructions 

will remain in effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, the Department notified the 

International Trade Commission (‘‘ITC’’) 

of its final determination of sales at 

LTFV. As the Department’s final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, within 45 days the ITC will 

determine whether the domestic 

industry in the United States is 

materially injured, or threatened with 

material injury, by reason of imports or 

sales (or the likelihood of sales) for 

importation of the subject merchandise. 

If the ITC determines that material 

injury or threat of material injury does 

not exist, the proceeding will be 

terminated and all securities posted will 

be refunded or canceled. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess, upon further instruction by 

the Department, antidumping duties on 

all imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to the parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return or destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act. 

Dated: May 28, 2010. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Issues For Final Determination 

General Issues 

Comment 1: Whether the Department Can 

Concurrently Apply Antidumping and 

Countervailing Duties to Non-Market 

Economy Producers and Exporters 

Comment 2: Whether the Department Should 

Recalculate the Petition Margins With 

Updated Surrogate Values 

Ningbo Jiulong Specific Issues 

Comment 3: Whether the Department Should 

Apply Adverse Facts Available to Ningbo 

Jiulong Based Upon Submitted False 

Information Regarding Its Steel Inputs 

Comment 4: Whether the Department Should 

Rely Upon Documents Obtained From CBP 

in the Final Determination 

Comment 5: Whether the Department Should 

Apply Adverse Facts Available to Ningbo 

Jiulong Based Upon the Failure To Report 

the Correct Customer 

Comment 6: Whether the Department Should 

Apply Adverse Facts Available to Ningbo 

Jiulong Based Upon Unreported Sales 

Comment 7: Whether the Department Should 

Apply Partial Adverse Facts Available to 

Ningbo Jiulong’s Packing Inputs 

Comment 8: Whether the Department Should 

Revise Ningbo Jiulong’s Steel Scrap Offset 

Surrogate Value Issues for Specific Factors 

of Production 

Comment 9: Whether the Department Should 

Revise the Surrogate Value for the Steel 

Coil Input 

Comment 10: Whether the Department 

Should Revise the Surrogate Value for the 

Wire Rod Input 

Comment 11: Whether the Department 

Should Revise the Surrogate Value for 

Galvanizing Services 

Surrogate Financial Ratio Calculation Issues 

Comment 12: Whether the Department 

Should Use the Financial Statement of 

Greatweld Steel Grating Private Limited to 

Calculate Surrogate Financial Ratios 

Comment 13: Whether the Department 

Should Use the Financial Statements of 

Comparable Merchandise Producers to 

Calculate Surrogate Financial Ratios 

Separate Rate Applicant Rate Issues 

Comment 14: Whether the Department 

Should Revise the Rate Assigned to 

Separate Rate Applicants 

[FR Doc. 2010–13778 Filed 6–7–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–403–801] 

Final Results of Antidumping Duty 

Changed Circumstances Review: 

Fresh and Chilled Atlantic Salmon 

from Norway 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final Results of Antidumping 

Duty Changed Circumstances Review: 

Fresh and Chilled Atlantic Salmon from 

Norway 

SUMMARY: On August 5, 2009, the 

Department of Commerce (Department) 

initiated a changed circumstances 

review of the antidumping order on 

fresh and chilled Atlantic Salmon from 

Norway and preliminarily determined 

that Nordic Group AS is the successor– 

in-interest to Nordic Group A/L for 

purposes of determining antidumping 

duty liability. We received comments 

from interested parties. Based on our 

analysis, we are now affirming our 

preliminary results. 

EFFECTIVE DATE: June 8, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

Conniff, Office of AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th and 

Constitution Avenue, NW, Washington, 

DC 20230; telephone: (202) 482–1009. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 12, 1991, the Department 

issued the order on fresh and chilled 

Atlantic Salmon from Norway. See 

Antidumping Duty Order: Fresh and 

Chilled Atlantic Salmon from Norway, 

56 FR 14920 (April 12, 1991) 

(Norwegian Salmon Order). Nordic 

Group A/L, as an exporter of subject 

fresh whole salmon from Norway to the 

U.S., requested a new shipper review 

(NSR) in 1995. The Department issued 

the final results of the NSR in which it 

calculated a de minimis margin for 

Nordic Group A/L. See Fresh and 

Chilled Salmon from Norway: Final 

Results of New Shipper Antidumping 

Duty Administrative Review, 62 FR 1430 

(January 10, 1997). On December 30, 

2005, the Department published in the 

Federal Register the final results of the 

full sunset review of the antidumping 

duty order on fresh and chilled Atlantic 

Salmon from Norway. See Fresh and 

Chilled Atlantic Salmon from Norway: 

Final Results of the Full Sunset Review 

of Antidumping Duty Order, 70 FR 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32371 

77378 (December 30, 2005) (Sunset 

Final), and continued the order in 2005. 

On June 12, 2009, Nordic Group AS 

(respondent) filed a request for a 

changed circumstances review of the 

Norwegian Salmon Order. Claiming that 

Nordic Group A/L changed its name to 

Nordic Group AS, Nordic Group AS 

requested that it receive the same 

antidumping duty treatment as is 

accorded to Nordic Group A/L. In 

addition, Nordic Group AS submitted 

documentation of its management, sales 

operations, supplier relationships and 

customer base in support of its claim. 

Nordic Group AS requested further that 

the Department combine the notice of 

initiation of the review and the 

preliminary results of review in a single 

notice as this review essentially 

involves only corporate name changes. 

On August 5, 2009, the Department 

published its Notice of Initiation and 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review: 

Fresh and Chilled Atlantic Salmon from 

Norway, 74 FR, August 5, 2009) 

(Initiation and Preliminary Notice) 

determining that expedited action was 

warranted because Nordic Group AS 

had provided prima facia evidence that 

Nordic Group AS is the successor–ininterest and operates as the same 

business entity as Nordic Group A/L. 

On August 26, 2009, Cooke 

Aquaculture Inc. (‘‘the petitioner’’) filed 

a case brief in response to the 

Department’s Initiation and Preliminary 

Notice requesting that the Department 

conduct a full 270-day investigation of 

the proceeding and within its brief 

submitted new information in support 

of its allegations that the Nordic Group 

AS failed to provide full descriptions of 

its operation and organization. On 

September 16, 2009, the respondent 

submitted a case brief rebutting 

petitioners’ assertions, which also 

included new information. 

Under 19 CFR 351.301(b), parties will 

have ‘‘140 days after the date of 

publication of notice of initiation of the 

review to submit new factual 

information, except that factual 

information requested by the verifying 

officials.’’ Thus, parties had until 

December 23, 2009, to submit new 

information and argument. Accordingly, 

the Department accepted all of the new 

factual information supplied by both 

parties on the record submitted before 

the December 23, 2009, deadline. 

Further, in light of the new information 

on the record, on April 6, 2010, the 

Department issued an additional 

briefing schedule inviting parties to 

brief the new information in addition to 

what was already on the record. We 

received case and rebuttal briefs from 

both parties on April 13, 2010, and 

April 20, 2010. 

On April 30, 2010 the Department 

determined that it needed additional 

time to complete the review in 

accordance with 19 CFR 351.302 (b), 

extended the time period for issuing the 

final results of the changed 

circumstances review by two weeks, 

until May 17, 2010. 

Scope of the Order 

The product 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, 

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 was classifiable 

under item number 110.2045 of the 

Tariff Schedules of the United States 

Annotated. Atlantic salmon is currently 

provided for under the Harmonized 

Tariff Schedule of the United States 

(HTSUS) subheadings 0302.12.0003 and 

0302.12.0004. The HTSUS subheadings 

are provided for convenience and 

customs purposes. The written 

description remains dispositive as to the 

scope of the product coverage. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this changed 

circumstances review are addressed in 

the Issues and Decision Memorandum, 

which is hereby adopted by this notice. 

A list of the issues which parties have 

raised, and to which we have responded 

in the Issues and Decision 

Memorandum, is attached to this notice 

as an Appendix. The Issues and 

Decision Memorandum is available in 

the Central Records Unit, room 1117, of 

the main Commerce building. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the Web at 

http://ia.ita.doc.gov/frn. The paper copy 

and electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Final Results of Changed 

Circumstances Review 

In accordance with 19 CFR 351.221(c) 

(3) (i), we have determined that Nordic 

Group AS is the successor–in-interest to 

Nordic Group A/L and should be 

accorded the same treatment as Nordic 

Group A/L. We will instruct U.S. 

Customs and Border Protection that a 

cash deposit rate of zero percent will be 

effective Nordic Group AS for all 

shipments of the subject merchandise 

entered, or withdraw from a warehouse, 

for consumption on or after the date of 

publication of these final results. 

Notification 

This notice serves as a reminder to 

parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. Timely written 

notification of the 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 sanctionable 

violation. 

This notice is published in 

accordance with sections 751(b) (1) and 

777(i) of the Act and 19 CFR 351.216 

and 351.221. 

Dated: June 1, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

APPENDIX 

Comment 1 Evidence on the Record to 

Support a CCR 

Comment 2 Comparison of Nordic 

Group A/L Relative to Nordic Group AS 

Comment 3 CCR with Respect To 

Nordic AS 

A) Customer and Supplier 

Relationships 

B)Management Structure and Board of 

Directors 

C)Production Facilities 

Comment 4 Document Retention 

Comment 5 Timeliness of Nordic AS 

Request for a CCR 

Comment 6 Nordic Group Utilizing the 

Zero Percent Rate 

Comment 7 Nordic Group AS’s 

Corporate History 

[FR Doc. 2010–13780 Filed 6–7–10; 8:45 am] 

BILLING CODE 3510–DS–S 


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