[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)]
[Notices]
[Pages 51910-51912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25532]
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DEPARTMENT OF COMMERCE
[A-403-801]
Fresh and Chilled Atlantic Salmon From Norway; Preliminary
Results of Antidumping Duty New Shipper Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of antidumping duty new shipper
administrative review.
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SUMMARY: In response to a request from one manufacturer/exporter,
Nordic Group A/L (Nordic), the Department of Commerce (the Department)
is conducting a new shipper administrative review of the antidumping
duty order on fresh and chilled Atlantic salmon (salmon) from Norway.
The review covers the period May 1, 1995 through October 31, 1995.
We have preliminarily determined that sales have not been made
below the normal value (NV). If these preliminary results are adopted
in our final results of administrative review, we will instruct the
U.S. Customs Service to liquidate subject entries without regard to
antidumping duties.
Interested parties are invited to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument (1) a statement of the issue and (2) a
brief summary of the argument.
EFFECTIVE DATE: October 4, 1996.
FOR FURTHER INFORMATION CONTACT: Todd Peterson, or Thomas F. Futtner,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230, telephone: (202) 482-4195.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act), by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the
[[Page 51911]]
interim regulations published in the Federal Register on May 11, 1995
(60 FR 25130).
Background
On October 30, 1995, the Department received a request from Nordic
for a new shipper review pursuant to section 751(a)(2)(B) of the Act
and section 353.22(h) of the Department's interim regulations.
Section 751(a)(2) of the Act and section 353.22(h) of the
Department's regulations govern determinations of antidumping duties
for new shippers. These provisions state that, if the Department
receives a request for review from an exporter or producer of the
subject merchandise stating that it did not export the merchandise to
the United States during the period of investigation (POI) and that
such exporter or producer is not affiliated with any exporter or
producer who exported the subject merchandise during that period, the
Department shall conduct a new shipper review to establish an
individual weighted-average dumping margin for such exporter or
producer, if the Department has not previously established such a
margin for the exporter or producer. To establish these facts, the
exporter or producer must include with its request, with appropriate
certification: (i) The date on which the merchandise was first entered,
or withdrawn from warehouse, for consumption, or, if it cannot certify
as to the date of first entry, the date on which it first shipped the
merchandise for export to the United States; (ii) a list of the firms
with which it is affiliated; and (iii) a statement from such exporter
or producer, and from each affiliated firm, that it did not, under its
current or a former name, export the merchandise during the POI.
Nordic's request was accompanied by information and certifications
establishing the date on which it first shipped and entered subject
merchandise, the names of Nordic's affiliated parties, and statements
from Nordic and its affiliated parties that they did not, under any
name, export the subject merchandise during the POI. Based on the above
information, on December 13, 1995, the Department initiated this new
shipper review of Nordic (60 FR 64018). The Department is now
conducting this review in accordance with section 751 of the Act and
section 353.22 of its regulations.
Petitioners have raised an issue pertaining to the bona fide nature
of the U.S. sale under review. The Department has issued a supplemental
questionnaire to Nordic's affiliated U.S. party, and is awaiting a
response. The Department will incorporate any changes, as a result of
this supplemental questionnaire, in the final results of review.
Scope of the Review
The product covered by this order is the species 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. Atlantic salmon is currently provided for under the
Harmonized Tariff Schedule (HTS) subheading: 0302.12.00.02.09.
Verification
As provided in section 776(b) of the Act, we verified information
provided by the respondent by using standard verification procedures,
including on-site inspection of the respondent's facilities, the
examination of relevant sales and financial records, and selection of
original documentation containing relevant information. Our
verification results are outlined in the public version of the
verification report.
Export Price
We calculated the export price (EP) based on the price from Nordic
to unaffiliated parties where these sales were made prior to
importation into the United States, in accordance with section 772(a)
of the Act. We calculated EP based on packed CIF prices to unaffiliated
purchasers in the United States. We made deductions, where appropriate,
for foreign inland freight, brokerage and handling, Norwegian export
taxes, U.S. duties and air freight, in accordance with section
772(c)(2) of the Act. No other adjustments were claimed or allowed.
Normal Value
Because there were no other sales of the subject merchandise in the
home or third country markets, we based normal value (NV) on
constructed value, in accordance with section 773(e) of the Act.
Given that the statute is concerned specifically with the cost of
production of the merchandise, we used the production costs incurred by
the fish farmer, the actual producer of the subject merchandise, to
calculate the cost of production (COP) benchmark. Nordic does not
produce the salmon that it sells. Department practice in such
situations is to sum the production costs of the producer (the fish
farmer), the producer's selling, general and administrative expenses
(SG&A), plus the SG&A of the seller, Nordic.
We calculated the COP for the farm by summing the costs for the
1993 generation salmon. These costs include smolt, feed, labor, and
overhead. We allocated the costs on a per kilogram basis over net
production quantities. We then adjusted these costs to reflect losses
in the processing stage. The farmer's general and administrative
expenses and net interest expenses incurred for the sale of salmon in
1995 were allocated to the salmon sold during the period of review. To
the farmer's individual COP we added the cost of processing and packing
to obtain a subtotal which was multiplied by a profit ratio, based on
Nordic's profit on sales in 1995 of the same general category of
products in accordance with section 773 (e)(2)(B)(i). To obtain the
total constructed value, we added Nordic's SG&A expenses. No other
adjustments were claimed or allowed.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following margin exists for the period May 1, 1995, through October 31,
1995:
------------------------------------------------------------------------
Percent
Manufacturer/producer/exporter margin
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Nordic Group A/L (Nordic Group ASA)........................... 0.00
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Interested parties may request disclosure within 5 days of the date
of publication of this notice and may request a hearing within 10 days
of publication. Any hearing, if requested, will be held as early as
convenient for the parties but not later than 34 days after the date of
publication or the first business day thereafter. Case briefs and/or
written comments from interested parties may be submitted not later
than 20 days after the date of publication of this notice. Rebuttal
briefs and rebuttal comments, limited to issues raised in the case
briefs, may be filed no later than 27 days after the date of
publication of this notice. The Department will issue the final results
of this new shipper administrative review, including the results of its
[[Page 51912]]
analysis of issues raised in any such written comments or at a hearing.
Upon completion of this new shipper review, the Department will
issue appraisement instructions directly to the U.S. Customs Service.
The results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the
determination and for future deposits of estimated duties.
The cash deposit rate for Nordic will be the rate determined in the
final results of this new shipper review, effective upon publication of
those final results for all of Nordic's shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results of this new shipper
administrative review, as provided by section 751(a)(2) of the Act.
This notice serves as a preliminary reminder to importers of their
responsibility 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 new shipper administrative review and notice are in accordance
with section 751(a)(2) of the Tariff Act (19 U.S.C. 1675(a)(2)) and 19
CFR 353.22.
Dated: September 27, 1996.
Barbara Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-25532 Filed 10-3-96; 8:45 am]
BILLING CODE 3510-DS-P
