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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-403-801]

Fresh and Chilled Atlantic Salmon from Norway; Final Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Review.

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SUMMARY: On December 31, 1998, the Department of Commerce (the

Department) published in the Federal Register the preliminary results

of administrative review of the antidumping order on fresh and chilled

Atlantic salmon from Norway. The review covers one manufacturer/

exporter of the subject merchandise shipped to the United States during

the period April 1, 1997, through March 31, 1998. We did not receive

any comments on the preliminary results. The dumping margin for the

reviewed company is unchanged from the preliminary results.

EFFECTIVE DATE: April 12, 1999.

FOR FURTHER INFORMATION CONTACT: John Conniff or Thomas Futtner, AD/CVD

Enforcement, Office 4, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, D.C. 20230; telephone 202/482-

1009 or 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

Background

The Department published the preliminary results of this review on

December 31, 1998 (63 FR 72244). The Department has now completed this

administrative review in accordance with section 751 of the Tariff Act

of 1930, as amended (the Act).

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995,

[[Page 17617]]

the effective date of the amendments made to the Act by the Uruguay

Round Agreements Act (URAA). In addition, unless otherwise indicated,

all citations to the Department's regulations refer to the regulations

codified at 19 CFR Part 351 (1998).

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.

Final Results of Review

The Department received no comments on its preliminary results and

we did not make any changes to our analysis. Therefore, the margin from

the preliminary results has not changed for the final results of

review.

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Margin

Manufacturer/Exporter (percent)

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Nornir Group A/S........................................ 31.81

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The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. We will assess

antidumping duties on the above firm's entries at the same rate as its

above stated dumping margin since the margin is not a calculated rate,

but is a rate based upon facts available pursuant to section 776 of the

Act.

Furthermore, 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 final results of this administrative review, as provided for by

section 751(a)(1) of the Act: (1) The cash deposit rate for the

reviewed firm will be that firm's rate established in the final results

of this administrative review; (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 or a prior

review, or the original less than fair value 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)

the cash deposit rate for all other manufacturers or exporters not

previously reviewed will be 23.80 percent, the ``all others'' rate

established in the final determination of sales at less than fair

value, published by the Department (56 FR 14920, April 12, 1991).

These deposit requirements, when imposed, 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 351.402(f) 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 the only reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO. Timely notification of return/destruction of APO materials or

conversion to judicial protective order is hereby requested. Failure to

comply with the terms of an APO is a sanctionable violation.

This administrative review and notice are in accordance with

sections 751(a)(1)(B) and 777(i)(1)of the Act.

Dated: April 6, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-9049 Filed 4-9-99; 8:45 am]

BILLING CODE 3510-DS-P