1999R2592 — EN — 10.12.1999 — 000.001 — 1
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►B COMMISSION REGULATION (EC) No 2592/1999
of 8 December 1999
amendingRegulation(EC)No1826/1999amendingRegulation(EC)No929/1999imposingprovi-
sionalanti-dumpingandcountervailingdutiesonimportsoffarmedAtlanticsalmonoriginatinginNorway with regard to certain exporters, imposing provisional anti-dumping and countervailingduties on imports of such salmon with regard to certain exporters, amending Decision 97/634/ECacceptingundertakingsofferedinconnectionwiththeanti-dumpingandanti-subsidiesproceedingsconcerningimportsofsuchsalmonandamendingCouncilRegulation(EC)No772/1999imposing
definitive anti-dumping and countervailing duties on imports of such salmon
(OJ L 315, 9.12.1999, p. 17)
Corrected by:
►C1Corrigendum, OJ L 54, 26.2.2000, p. 51 (2592/1999)
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COMMISSION REGULATION (EC) No 2592/1999
of 8 December 1999
amending Regulation (EC) No 1826/1999 amending Regulation
(EC) No 929/1999 imposing provisional anti-dumping and counter-vailing duties on imports of farmed Atlantic salmon originating inNorwaywithregardtocertainexporters,imposingprovisionalanti-dumpingandcountervailingdutiesonimportsofsuchsalmonwithregardtocertainexporters,amendingDecision97/634/ECacceptingundertakingsofferedinconnectionwiththeanti-dumpingandanti-subsidies proceedings concerning imports of such salmon andamendingCouncilRegulation(EC)No772/1999imposingdefinitiveanti-dumping and countervailing duties on imports of such salmon
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December
1995 on protection against dumped imports from countries not membersof the European Community (
1), as last amended by Regulation (EC) No
905/98 (2), and in particular Article 8 thereof,
Having regard to Council Regulation (EC) No 2026/97 of 6 October
1997 on protection against subsidised imports from countries notmembers of the European Community (
3), and in particular Article 13
thereof,
After consulting the Advisory Committee,Whereas:
(A)PREVIOUS PROCEDURE
(1)On 31 August 1996, the Commission announced, by two separate
notices published in the Official Journal of the European
Communities , the initiation of an anti-dumping proceeding(4)a s
well as an anti-subsidy proceedings(5) in respect of imports of
farmed Atlantic salmon originating in Norway.
(2)The Commission sought and verified all information that itdeemed necessary for the purpose of its definitive findings. As aresult of this examination, it was established that definitive anti-dumping and countervailing measures should be adopted in orderto eliminate the injurious effects of dumping and subsidisation.All interested parties were informed of the results of the invest-igation and were given the opportunity to comment thereon.
(3)On 26 September 1997, the Commission adopted Decision 97/634/EC (
6), as last amended by Regulation (EC) No 1826/
1999 (7), accepting undertakings offered in connection with the
two abovementioned proceedings from the exporters listed in theAnnex to the Decision and terminating the investigations in theirrespect.
(4)On the same day, the Council, by Regulations (EC) No 1890/97 (
8), as last amended by Regulation (EC) No 1895/1999 (9), and
(EC) No 1891/97 (10), as last amended by Regulation (EC) No
1895/1999, imposed anti-dumping and countervailing duties onimports of farmed Atlantic salmon originating in Norway.
(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ C 253, 31.8.1996, p. 18.
(5) OJ C 253, 31.8.1996, p. 20.
(6) OJ L 267, 30.9.1997, p. 81.
(7) OJ L 223, 24.8.1999, p. 3.
(8) OJ L 267, 30.9.1997, p. 1.
(9) OJ L 233, 3.9.1999, p. 1.
(10) OJ L 267, 30.9.1997, p. 19.
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Imports of farmed Atlantic salmon exported by companies from
which an undertaking had been accepted were exempted fromthat duty pursuant to Article 1(2) of those Regulations.
(5)The abovementioned Regulations set out the definitive findingsand conclusions on all aspects of the investigations. The form ofthe duties having been reviewed, Regulations (EC) No 1890/97and 1891/97 were replaced by Council Regulation (EC) No 772/1999 (
1), as last amended by Regulation (EC) No 1826/1999.
(B)PROVISIONAL MEASURES IMPOSED BY REGULATION
(EC) No 1826/1999 (recital 31 et seq.)
(6)The text of the undertakings provides that failure to submit a
quarterly report of all sales transactions to the first unrelatedcustomer in the Community within a prescribed time limit(except in case of force majeure ), would be construed as a
violation of the undertaking, as would non-compliance with theobligation to sell the different presentations of the productconcerned (i.e. gutted, head-on,etc.) on the Community market atprices which are not below the minimum import prices foreseenin the undertaking.
(7)For the first quarter of 1999, two Norwegian companies, Vie deFrance Norway AS and Janas AS either failed to present a reportwithin the prescribed time limit or appeared to have sold theproduct concerned to the Community market at prices whichwere below the prices foreseen in its undertaking. For the fourthquarter of 1998, the Commission also had reason to believe thatanother Norwegian exporter, Norfra Eksport AS had sold theproduct concerned to the Community market at prices whichwere below the prices foreseen in its undertaking.
(8)As these three companies appeared to have breached the terms oftheir undertakings, the Commission, by Regulation (EC) No1826/1999, consequently imposed provisional anti-dumping andcountervailing duties on imports of farmed Atlantic Salmonfalling within CN codes ex 0302 12 00, ex 0304 10 13,ex 0303 22 00 and ex 0304 20 13 originating in Norway andexported by the companies.
(9)By the same Regulation (hereinafter referred to as ‘the provi-sional duty Regulation'), the Commission deleted the names ofthe three exporters concerned from the Annex to Decision 97/634/EC, which lists the parties from which undertakings areaccepted.
(C)PROCEDURE FOLLOWING IMPOSITION OF PROVI-
SIONAL DUTIES
(10)All three Norwegian companies subject to the provisional duties
received disclosure in writing concerning the essential facts andconsiderations on the basis of which these provisional dutieswere imposed. They were also given an opportunity to submitcomments and request a hearing.
(11)Within the time limit set in the provisional duty Regulation, all ofthe Norwegian companies concerned submitted comments inwriting. Following receipt of these written submissions, theCommission sought and examined all information it deemednecessary for the purpose of a definitive determination on theapparent violations. Of the three companies subject to the provi-sional measures, one requested, and was granted, a hearing.
(12)The oral and written comments submitted by the interestedparties were considered and, where appropriate, the definitivefindings have been changed accordingly.
(1) OJ L 101, 16.4.1999, p. 1.
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(D)DEFINITIVE FINDINGS — REPEAL OF PROVISIONAL
DUTIES FOR TWO COMPANIES
(13)In the submissions made subsequent to the imposition of the
provisional duties, further arguments and explanations were putforward by Norfra Eksport AS and Janas AS that the text of theundertaking was ambiguous concerning the requirement to reportthe average price of each presentation of salmon separately andthat this ambiguity gave rise to the misinterpretation by the twocompanies that they could compensate sales below the minimumprice in one presentation with sales above the minimum price inanother.
(14)In addition, it was argued that the clarification letter sent out bythe Commission in May 1998 to Norwegian exporters containeda large number of points, only one of which expressly related toquestion of whether the minimum prices have to be respected bypresentation. Moreover, this letter was sent by the Commission tothe Norwegian Seafood Export Council (hereinafter referred to‘the NSEC') requesting them to forward it to all Norwegianexporters with undertakings. In this regard, evidence wasprovided which showed that the NSEC is continuously sendingcirculars concerning salmon and that the Commission’s letter,reproduced and sent in May 1998 as NSEC circular number 89 ofthat year, did not make the official character of the instructionsentirely clear to the companies concerned.
(15)One of the companies concerned reiterated that the error of notrespecting the average price by presentation during the thirdquarter of 1997 should have been pointed out to it at that timeand that the absence of any reaction on the part of the Commis-sion had been taken to mean that the company’s sales were fullyin conformity with the undertaking.
(16)Having heard all the additional arguments put forward by the twocompanies in this matter and after re-examining the issue, theCommission acknowledges that a certain ambiguity may havepersisted which explains the erroneous interpretation of the termsof the undertaking made by the two companies.
(17)Accordingly, as it could not be established that the two compa-nies have violated their undertakings, it is concluded that Regula-tion (EC) No 1826/1999 should be repealed in so far as Janas ASand Norfra Eksport AS are concerned and any provisional dutiescollected should be released.
(E)DEFINITIVE FINDINGS — VIOLATION OF ITS UNDER-
TAKING BY ONE COMPANY
(18)It should first be recalled that, before imposing provisional duties
by Regulation (EC) No 1826/1999, the Commission had alreadyrequested Vie de France Norway AS to send its outstandingreport and to demonstrate the reasons why it had not been sent intime. However, the company did not react at that stage.
(19)Following the imposition of duties against it by the provisionalduty Regulation. Vie de France Norway AS contacted theCommission stating that it had changed its name to CuisineSolutions Norway AS and that the company only exports prod-ucts outside the scope of the anti-dumping/countervailing meas-ures.
(20)The company also stated in mitigation that it did not realise thatit had to send quarterly sales reports to the Commission even if ithad no sales to the European Union of the product subject to theanti-dumping and countervailing measures.
(21)In this regard, it should be recalled that a letter was sent by faxand registered mail on 30March 1998 directly by the Commis-sion to all exporters with undertakings (including Vie de FranceNorway AS) clearly mentioning the time limits for the submis-sion of ‘all quarterly reports, whether positive or negative'.The
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argument of the company on this issue cannot, therefore, beaccepted.
(22)As no evidence of force majeure was presented which showed
that Vie de France Norway AS was prevented from fulfilling itsreporting obligations for reasons beyond its control for the firstquarter of 1999, it is definitively concluded that the company hasbreached its undertaking and that acceptance thereof by theCommission should be withdrawn and definitive duties imposed.
(F)PROCEDURE CONCERNING DEFINITIVE FINDINGS
(23)All the interested parties were informed of the essential facts and
considerations on the basis of which it was intended to eitherrepeal the provisional duties imposed against them and reinstatethem on the list of parties from which undertakings are accepted,or confirm the withdrawal of the Commission’s acceptance oftheir undertaking and to recommend the imposition of definitiveanti-dumping and countervailing duties and the definitive collec-tion of the amounts secured by way of provisional duties. Thecompanies were also granted a period within which to makerepresentations subsequent to this disclosure. Comments receivedwere taken into account where appropriate.
(24)In parallel to this Regulation, the Commission is submitting aproposal for a Council Regulation imposing definitive anti-dumping and countervailing duties on farmed Atlantic salmonoriginating in Norway and exported by the one company whichremains subject to the provisional duty imposed by Regulation(EC) No 1826/1999, namely Vie de France Norway AS.
(G)NEW EXPORTERS
(25)Following the imposition of definitive anti-dumping and counter-
vailing duties, several Norwegian companies have made them-selves known to the Commission claiming to be new exportersand have offered undertakings.
(26)In this regard, two such exporters, Normarine AS and OskarEinar Rydbeck demonstrated that they had not exported theproduct concerned to the Community during the investigationperiod which led to the current antidumping and countervailingduties (hereinafter ‘the original investigation period'). Theseparties also showed that they were not related to any of thecompanies in Norway which are subject to the anti-dumping andcountervailing duties. Finally, evidence was provided that theyhad either exported the product concerned to the Communityafter the original investigation period, or had entered into anirrevocable contractual obligation to export a significant amountof the product concerned to the Community.
(27)The undertakings offered are identical in terms to those previ-ously offered by other Norwegian companies exporting farmedAtlantic salmon originating in Norway and it is considered thatacceptance of such undertakings from these exporters will besufficient to remove the effects of injurious dumping and subsidi-sation.
(28)Since the exporters have offered to provide the Commission withregular and detailed information on their exports to theCommunity, it is concluded that the undertakings can be moni-tored effectively by the Commission.
(29)The undertakings offered by these companies are thereforeconsidered acceptable. The companies have been informed of theessential facts and considerations upon which acceptance of theundertaking is based. The Advisory Committee was consultedand has raised no objections. Pursuant, therefore, to Article 2 ofRegulation (EC) No 772/1999, the Annex to that Regulationshould be amended so as to grant exemption from payment ofanti-dumping and countervailing duties to these companies.
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UT No Company nameTARIC additional
code(H)AMENDMENT OF THE ANNEX TO DECISION 97/634/EC
(30)The Annex to Decision 97/634/EC accepting undertakings in the
context of the present anti-dumping and anti-subsidies proceed-ings should be amended to take account of the reinstatement ofthe undertakings given by Janas AS and Norfra Eksport AS inrespect of which the provisional duties should be repealed, andalso of the undertakings accepted from Normarine AS and OskarEinar Rydbeck.
(31)For the sake of clarity, an updated version of this Annex shouldbe published herewith, showing the exporters whose undertakingsremain in force,
HAS ADOPTED THIS REGULATION:
Article 1
1. The provisional anti-dumping and countervailing duties imposed
against Janas AS (UT No 75, TARIC additional code 8177) and NorfraEksport AS (UT No 116, TARIC additional code 8229) by Regulation(EC) No 1826/1999 in relation to farmed (other than wild) Atlanticsalmon originating in Norway falling within CN codes ex 0302 12 00(Taric codes 0302 12 00*21, 0302 12 00*22, 0302 12 00*23 and0302 12 00*29), ex 0303 22 00 (TARIC codes 0303 22 00*21,0303 22 00*22, 0303 22 00*23 and 0303 22 00*29) and ex 0304 10 13(TARIC codes 0304 10 13*21 and 0304 10 13*29) and ex 0304 20 13(TARIC codes 0304 20 13*21 and 0304 20 13*29), are hereby repealed.
2. Annex II to Regulation (EC) No 1826/1999 is hereby replaced by
Annex I to the present Regulation.
3. Any amounts secured by way of the provisional anti-dumping and
countervailing duties imposed by Commission ►
C1Regulation (EC)
No 1826/1999 ◄relating to Janas AS or Norfra Eksport AS shall be
released.
Article 2
The following exporters shall be added to the Annex to Regulation (EC)
No 772/1999 listing the companies exempted from the definitive anti-dumping and countervailing duties.
197 Normarine AS A049
198 Oskar Einar Rydbeck A050
Article 3
The Annex to Decision 97/634/EC is hereby replaced by Annex II to
the present Regulation.
Article 4
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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UT No Company name Taric additional codeANNEX I
‘ANNEX II
Company subject to provisional anti-dumping and countervailing duties by
Regulation (EC) No 1826/1999
187 Vie de France Norway AS 8321'
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UT No Company nameTARIC additional
CodeANNEX II
‘ANNEX
List of the 116 companies from which undertakings are accepted, as of 10
December 1999
3 Agnefest Seafood 8325
7 Aqua Export A/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 8109
13 Artic Superior A/S 8111
15 A/S Aalesundfisk 8113
16 A/S Austevoll Fiskeindustri 8114
17 A/S Keco 8115
20 A/S Refsnes Fiskeindustri 8118
21 A/S West Fish Ltd 8119
22 Astor A/S 8120
23 Atlantic King Strada A/S 8121
24 Atlantic Seafood A/S 8122
26 Borkowski & Rosnes A/S 8124
27 Brødrene Aasjord A/S 8125
31 Christiansen Partner A/S 8129
32 Clipper Seafood A/S 8130
33 Coast Seafood A/S 8131
35 Dafjord Laks A/S 8133
36 Delfa Norge A/S 8134
39 Domstein Salmon A/S 8136
41 Ecco Fisk & Delikatesse 8138
42 Edvard Johnsen A/S 8139
43 Eurolaks AS 8140
44 Euronor AS 8141
46 Fiskeforsyningen AS 8143
47 Fjord Aqua Group AS 8144
48 Fjord Trading Ltd. AS 8145
50 Fossen AS 8147
51 Fresh Atlantic AS 8148
52 Fresh Marine Company AS 8149
53 Fryseriet AS 8150
58 Grieg Seafood 8300
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UT No Company nameTARIC additional
Code
60 Haafa fisk AS 8302
61 Hallvard Lerøy AS 8303
62 Atlantis Filetfabrikk AS 8304
66 Hydro Seafood Norway AS 8159
67 Hydrotech-gruppen AS 8428
72 Inter Sea AS 8174
75 Janas AS 8177
76 Joh. H. Pettersen AS 8178
77 Johan J. Helland AS 8179
79 Karsten J. Ellingsen AS 8181
80 Kr Kleiven & Co. AS 8182
82 Labeyrie Norge AS 8184
83 Lafjord Group AS 8185
85 Leica Fiskeprodukter 8187
87 Lofoten Seafood Export AS 8188
92 Marine Seafood AS 8196
93 Marstein Seafood AS 8197
96 Memo Food AS 8200
98 Misundfisk AS 8202
100 Naco Trading AS 8206
101 Namdal Salmon AS 8207
104 Nergård AS 8210
105 Nils Williksen AS 8211
107 Nisja Trading AS 8213
108 Nor-Food AS 8214
111 Nordic Group ASA 8217
112 Nordreisa Laks AS 8218
113 Norexport AS 8223
114 Norfi Produkter AS 8227
115 Norfood Group AS 8228
116 Norfra Eksport AS 8229
119 Norsk Akvakultur AS 8232
120 Norsk Sjømat AS 8233
121 Northern Seafood AS 8307
122 Nortrade AS 8308
123 Norway Royal Salmon Sales AS 8309
124 Norway Royal Salmon AS 8312
126 Norway Seafoods ASA 8314
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UT No Company nameTARIC additional
Code
128 Norwell AS 8316
130 Nova Sea AS 8235
134 Ok-Fish Kvalheim AS 8239
137 Pan Fish Sales AS 8242
140 Polar Seafood Norway 8247
141 Prilam Norvège AS 8248
142 Pundslett Fisk 8251
144 Rolf Olsen Seafood AS 8254
145 Ryfisk AS 8256
146 Rørvik Fisk-og fiskematforretning AS 8257
147 Saga Lax Norge AS 8258
148 Prima Nor AS 8259
151 Sangoltgruppa AS 8262
153 Scanfood AS 8264
154 Sea Eagle Group AS 8265
155 Sea Star International AS 8266
156 Sea-Bell AS 8267
157 Seaco AS 8268
158 Seacom AS 8269
160 Seafood Farmers of Norway Ltd AS 8271
161 Seanor AS 8272
162 Sekkingstad AS 8273
164 Sirena Norway AS 8275
165 Kinn Salmon AS 8276
167 Fjord Seafood Leines AS 8278
168 SMP Marine Produkter AS 8279
172 Stjernelaks AS 8283
174 Stolt Sea Farm AS 8285
175 Storm Company AS 8286
176 Superior AS 8287
178 Terra Seafood AS 8289
180 Timar Seafood AS 8294
182 Torris Products Ltd. AS 8298
183 Troll Salmon AS 8317
188 Vikenco AS 8322
189 Wannebo International AS 8323
190 West Fish Norwegian Salmon AS 8324
191 Nor-Fa Food AS 8102
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UT No Company nameTARIC additional
Code
192 Westmarine AS 8625
193 F. Uhrenholt Seafood Norway AS A033
194 Mesan Seafood AS A034
195 Polaris Seafood AS A035
196 Scanfish AS A036
197 Normarine AS A049
198 Oskar Einar Rydbeck A050'