Fresh and Chilled Atlantic Salmon From Norway

[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Notices]
[Pages 35680-35682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16818]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-302 (Review) and 731-TA-454 (Review)]


Fresh and Chilled Atlantic Salmon From Norway

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty and antidumping duty orders on fresh & chilled Atlantic salmon 
from Norway.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty and antidumping duty orders on fresh & chilled 
Atlantic salmon from Norway would be likely to lead to continuation or 
recurrence of material injury. Pursuant to section 751(c)(2) of the 
Act, interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission; 
1 to be assured of consideration, the deadline for responses 
is August 20, 1999. Comments on the adequacy of responses may be filed 
with the Commission by September 13, 1999.
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    \1\  No response to this request for information is required if 
a currently valid Office of Management and Budget (OMB) number is 
not displayed; the OMB number is 3117-0016/USITC No. 99-5-022. 
Public reporting burden for the request is estimated to average 7 
hours per response. Please send comments regarding the accuracy of 
this burden estimate to the Office of Investigations, U.S. 
International Trade Commission, 500 E Street, SW, Washington, DC 
20436.
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    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's rules of 
practice and procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the rules of practice and procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 FR 30599, June 5, 1998, and may be downloaded from the 
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: July 1, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
Libeau (202-205-3176), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

[[Page 35681]]

Background.

    On April 12, 1991, the Department of Commerce issued countervailing 
duty and antidumping duty orders on imports of fresh & chilled Atlantic 
salmon from Norway (56 FR 14920). The Commission is conducting reviews 
to determine whether revocation of the orders would be likely to lead 
to continuation or recurrence of material injury to the domestic 
industry within a reasonably foreseeable time. It will assess the 
adequacy of interested party responses to this notice of institution to 
determine whether to conduct full reviews or expedited reviews. The 
Commission's determinations in any expedited reviews will be based on 
the facts available, which may include that information provided in 
response to this notice.

Definitions

    The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Country in these reviews is Norway.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission found one Domestic Like Product: fresh 
and chilled Atlantic salmon, including adult Atlantic salmon and 
Atlantic salmon smolt.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission found one Domestic Industry: producers of fresh and chilled 
Atlantic salmon, including adult Atlantic salmon and Atlantic salmon 
smolt.
    (5) The Order Date is the date that the countervailing duty and 
antidumping duty orders under review became effective. In these 
reviews, the Order Date is April 12, 1991.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Reviews and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the reviews.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and APO Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

Certification

    Pursuant to Sec. 207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with these 
reviews must certify that the information is accurate and complete to 
the best of the submitter's knowledge. In making the certification, the 
submitter will be deemed to consent, unless otherwise specified, for 
the Commission, its employees, and contract personnel to use the 
information provided in any other reviews or investigations of the same 
or comparable products which the Commission conducts under Title VII of 
the Act, or in internal audits and investigations relating to the 
programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
3.

Written Submissions

    Pursuant to Sec. 207.61 of the Commission's rules, each interested 
party response to this notice must provide the information specified 
below. The deadline for filing such responses is August 20, 1999. 
Pursuant to Sec. 207.62(b) of the Commission's rules, eligible parties 
(as specified in Commission rule 207.62(b)(1)) may also file comments 
concerning the adequacy of responses to the notice of institution and 
whether the Commission should conduct expedited or full reviews. The 
deadline for filing such comments is September 13, 1999. All written 
submissions must conform with the provisions of Secs. 201.8 and 207.3 
of the Commission's rules and any submissions that contain BPI must 
also conform with the requirements of Secs. 201.6 and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means. Also, 
in accordance with Secs. 201.16(c) and 207.3 of the Commission's rules, 
each document filed by a party to the reviews must be served on all 
other parties to the reviews (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the reviews you do 
not need to serve your response).

Inability To Provide Requested Information

    Pursuant to Sec. 207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to section 776(b) of the 
Act in making its determinations in the reviews.

Information To Be Provided in Response to This Notice of 
Institution

    As used below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a

[[Page 35682]]

union/worker group or trade/business association, identify the firms in 
which your workers are employed or which are members of your 
association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing duty and antidumping duty orders on the Domestic 
Industry in general and/or your firm/entity specifically. In your 
response, please discuss the various factors specified in section 
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of 
subject imports, likely price effects of subject imports, and likely 
impact of imports of Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries since 1990.
    (7) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 1998 (report quantity data in units and 
pounds and value data in thousands of U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production; and
    (b) The quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s); and
    (c) The quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 1998 (report quantity data in units and 
pounds and value data in thousands of U.S. dollars). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports; and
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 1998 (report quantity 
data in units and pounds and value data in thousands of U.S. dollars, 
landed and duty-paid at the U.S. port but not including antidumping or 
countervailing duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production; and
    (b) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country since the Order Date, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Country, and such merchandise from 
other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec. 207.61 of the Commission's rules.

    Issued: June 25, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-16818 Filed 6-30-99; 8:45 am]
BILLING CODE 7020-02-U