64 FR 17616, April 12, 1999 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. ----------------------------------------------------------------------- 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. ------------------------------------------------------------------------ Margin Manufacturer/Exporter (percent) ------------------------------------------------------------------------ Nornir Group A/S........................................ 31.81 ------------------------------------------------------------------------ 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