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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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