[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Notices]
[Pages 50880-50881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25436]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-403-801]
Fresh and Chilled Atlantic Salmon from Norway; Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review.
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SUMMARY: The Department of Commerce has received information sufficient
to warrant initiation of a changed circumstances administrative review
of the antidumping order on fresh and chilled Atlantic salmon from
Norway. Based on this information, we preliminarily determine that Kinn
Salmon AS is the successor-in-interest to Skaarfish Group AS for
purposes of determining antidumping liability.
Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: September 23, 1998.
FOR FURTHER INFORMATION CONTACT:
Todd Peterson or Thomas Futtner, Office of AD/CVD Enforcement, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone (202) 482-4195.
SUPPLEMENTARY INFORMATION:
The 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 of Commerce's regulations
refer to the regulations, codified at 19 CFR part 351, April 1998.
Background
On April 12, 1991, the Department of Commerce (the Department)
published in the Federal Register (56 FR 14920) an antidumping duty
order on fresh and chilled Atlantic salmon from Norway. On March 2,
1998, Kinn Salmon AS (Kinn) submitted a letter stating that Kinn is the
successor-in-interest to Skaarfish Group AS (Skaarfish), and that Kinn
should receive the same antidumping duty treatment as is accorded
Skaarfish.
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.
Initiation and Preliminary Results of Review
In a letter dated March 2, 1998, Kinn advised the Department that
on July 1, 1997, the former Skaarfish reorganized to form two firms,
Skaarfish Pelagisk AS and Kinn Salmon AS. The salmon activities of
Skaarfish including processing, marketing and exporting were
transferred to Kinn Salmon AS. Skaarfish Pelagisk AS oversees the
processing, marketing and exporting activities of all other types of
fish. Kinn stated that its operations are a direct continuation of the
salmon related activities performed by Skaarfish. While the board of
directors has changed, the officers and management of Kinn are
[[Page 50881]]
virtually identical to the officers and management of Skaarfish. Kinn
stated that the address, telephone numbers and telefax numbers are the
same as those of Skaarfish. Furthermore, it operates the same
facilities in Floro, Norway that were operated by Skaarfish for the
processing of salmon and conducts business operations at the same
executive offices used by Skaarfish. It provided documentation showing
that the customer list for Kinn and the supplier list to Kinn is the
same as the customer and supplier lists for Skaarfish. Kinn submitted a
copy of The Certificates of Registration of Skaarfish, Skaarfish
Pelagisk AS, and Kinn Salmon AS.
Thus, in accordance with section 751(b) of the Act, the Department
is initiating a changed circumstances review to determine whether Kinn
is the successor-in-interest to Skaarfish for purposes of determining
antidumping duty liability. In making such a successor-in-interest
determination, the Department examines several factors including, but
not limited to, changes in: (1) management; (2) production facilities;
(3) supplier relationships; and (4) customer base. See, e.g., Brass of
Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992)
(Canadian Brass). While no one or several of these factors will
necessarily provide a dispositive indication, the Department will
generally consider the new company to be the successor to the previous
company if its resulting operation is similar to that of its
predecessor. See, e.g., Industrial Phosphoric Acid from Israel: Final
Results of Changed Circumstances Review, 59 FR 6944 (February 14, 1994)
and Canadian Brass. This, if the evidence demonstrates that, with
respect to the production and sale of the subject merchandise, the new
company operates as the same business entity as the former company, the
Department will assign the new company the cash deposit rate of its
predecessor.
We preliminarily determine that Kinn Salmon AS is the successor-in-
interest to Skaarfish Group AS. Skaarfish Group AS has reorganized to
form two firms Skaarfish Pelagisk AS and Kinn Salmon AS. Kinn's
management is virtually identical to Skaarfish's. Kinn's business
operation, with respect to the subject merchandise are identical to the
salmon operations of Skaarfish. Kinn's production facilities are
unchanged as are its customer and supplier lists. Thus, Kinn Salmon AS
should receive the same antidumping duty treatment as the former
Skaarfish Group AS, i.e., a 2.30 percent antidumping duty cash deposit
rate.
Interested parties are invited to comment on these preliminary
results. Any written comments may be submitted no later than 30 days
after date of publication of this notice. Rebuttal briefs, limited to
arguments raised in case briefs, are due five days after the case brief
deadline. Case briefs and rebuttal briefs must be served on interested
parties in accordance with 19 CFR 351.309. The Department will publish
the final results of the changed circumstances review including the
results of any such comments.
This initiation of review, preliminary results of review and notice
are in accordance with sections 751(b) and 777(i)(1) of the Act.
Dated: September 15, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-25436 Filed 9-22-98; 8:45 am]
BILLING CODE 3510-DS-M
