[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Pages 11070-11071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5053]
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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
