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

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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SUMMARY: We are amending our final results of the administrative review

of the antidumping duty order on fresh and chilled Atlantic salmon

(Atlantic salmon) from Norway. The review covers the period October 3,

1990, through May 31, 1992. We are publishing these amended final

results in accordance with 19 CFR 353.28(c).

EFFECTIVE DATE: March 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Todd Peterson or Thomas Futtner, Office of Antidumping Compliance,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, N.W.,

[[Page 11071]] Washington, D.C. 20230; telephone (202) 482-4195 or 482-

3814, respectively.

SUPPLEMENTARY INFORMATION:

Background

On April 12, 1991, the Department of Commerce (the Department)

published the antidumping duty order on Atlantic salmon from Norway (56

FR 14920). The Department published final results of administrative

review of the order on July 14, 1993 (58 FR 37912). The review covered

one exporter, Skaarfish A/S, and the period October 3, 1990, through

March 31, 1992.

In accordance with Sec. 353.28(c), petitioner and respondent

submitted allegations of clerical errors. We were unable to correct

these errors and publish amended final results, however, because the

petitioner filed a summons with the Court of International Trade (CIT)

before we could correct these errors. Subsequently, the CIT granted the

Department leave to correct these clerical errors.

Scope of the Review

The merchandise covered by this review is fresh and chilled

Atlantic 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

We have corrected three ministerial errors in Skaarfish's margin

calculation for the period October 3, 1990, through March 31, 1992, as

follows:

1. Petitioner argues that the Department erred in allocating

general depreciation expenses to processing of Atlantic salmon on the

basis of square meters. Furthermore, petitioner contends that the

remaining amount for general depreciation which was not allocated to

processing of Atlantic salmon was unintentionally not included in the

pool of general and administrative expenses.

The Department agrees with the petitioner in part. In its final

results of review, the Department allocated depreciation expenses

associated with production on the basis of the relative costs incurred

for the various production lines. General depreciation was allocated on

the basis of square meters. However, the Department erred in not

including in the pool of general and administrative expenses those

general depreciation expenses not allocated to production. This has

been corrected for the amended final results review.

2. Petitioner contends that the Department erred by adding warranty

expenses to net U.S. price in its computer program.

The Department agrees that warranty expenses should be subtracted

from the net U.S. price, and has corrected its computer program for the

amended final results of review.

3. Respondent contends that the Department erred by using a two-

digit U.S. dollar/Norwegian kroner exchange rate rather than the six-

digit rates used in the preliminary results.

The Department agrees that the six-digit dollar/kroner rate should

be used, and has corrected its computer program for the amended final

results of review.

Final Results of Review

Based on the corrections of the ministerial errors, the Department

has amended our final results of review. The following margin exists

for the period October 3, 1990, through March 31, 1992.

Skaarfish A/S; 2.15%

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between U.S. price and foreign market value may vary from

the percentage stated above. The Department will issue appraisement

instructions concerning all respondents directly to the U.S. Customs

Service.

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 amendment of final results of review and notice are in

accordance with section 751(f) of the Tariff Act (19 U.S.C. 1673(d))

and 19 CFR 353.28(c).

Dated: February 22, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-5053 Filed 2-28-95; 8:45 am]

BILLING CODE 3510-DS-M