Notice of initiation of an interim review of the antidumping and countervailing measures applicable to imports of farmed Atlantic salmon originating in Norway

(2002/C 53/06)

The Commission has decided on its own initiative to initiate an interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96(1), as last amended by Regulation (EC) No 2238/2000(2) (the anti-dumping Regulation) and pursuant to Article 19(1) of Council Regulation (EC) No 2026/97(3) (the anti-subsidy Regulation).

1. Product

The product under review is farmed Atlantic salmon originating in Norway ("the product concerned"), currently classifiable within CN codes ex 0302 12 00, ex 0303 22 00, ex 0304 10 13 and ex 0304 20 13. These CN codes are given only for information.

2. Existing measures and legal background

The measures currently in force are the following:

- definitive anti-dumping and countervailing duties imposed by Council Regulation (EC) No 772/1999(4), as last amended by Regulation No 322/2002(5), which following a review repealed and replaced the anti-dumping and countervailing duties previously imposed by Council Regulations (EC) No 1890/97(6) and (EC) No 1891/97(7);

- undertakings accepted by Commission Decision 97/634/EC(8), as last amended by Decision 2002/157/EC(9), from a large number of exporter/producers from Norway to respect, inter alia, certain minimum import prices.

In parallel to the abovementioned anti-dumping and countervailing duties and undertaking, an agreement was signed between the Commission and the Norwegian government (the so-called "EU-Norway Salmon Agreement") providing for supporting measures to be managed within the framework of regular contacts between the signatories.

3. Grounds for the review

On the basis of the information received by the Commission within the framework of the EU-Norway Salmon Agreement and information obtained from various other sources, the Commission considers that there are sufficient grounds warranting the initiation of an interim review of the existing measures. This information shows that, given the changes in circumstances on the basis of which measures were established, the existing measures may no longer be achieving their intended result.

It appears that the form of the measure (including the undertakings) is no longer appropriate to remove the injurious effects of dumping and subsidisation given the disturbances present in the Community market.

Furthermore, given the evidence provided by the Norwegian authorities concerning normal value and the available information on export prices to the Community, it appears that the dumping margins may have changed significantly.

The level and the form of the measures (and in particular, the undertakings) in force are underpinned by certain aspects regarding subsidisation. Given the evidence available from the Norwegian authorities concerning changes to the export tax which is pertinent for this assessment, and as certain information received from Community producers indicates that some countervailed subsidy schemes may have disappeared and that other countervailable programes may have been introduced, it is considered appropriate to review in parallel the effectiveness of the form and level of the countervailing measures.

Concerning injury aspects, the available information appears to indicate that, notwithstanding a decrease in production costs by the Community industry, its current non-injurious target price is higher than the resale prices of Norwegian imports, whose volume is substantial. At the same time, there appear to have been significant changes in the definition of Community industry, not least regarding links of certain Community producers to Norwegian exporters, producers and exporting producers. This may have an impact on the standing of producers supporting the measures. Therefore it is considered necessary to review the findings relating to injury in respect of the anti-dumping and countervailing measures.

4. Procedure

4.1. Procedure to review dumping, subsidisation and injury

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the anti-dumping Regulation and Article 19(1) of the anti-subsidy Regulation. The review covers the form and level of the anti-dumping and countervailing measures.

(a) Sampling for investigation of dumping and subsidisation

In view of the apparent number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the anti-dumping Regulation and Article 27 of the anti-subsidy Regulation.

(i) Sampling for exporters, producers and exporting producers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters, producers and exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in paragraph 5(b)(i) of this notice:

- name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

- the turnover in local currency and the volume in kilograms of the product concerned sold for export to the Community during the period 1 July 2001 to 31 December 2001,

- whether the company intends to claim for an individual margin,

- the turnover in local currency and the volume in kilograms of the product concerned sold on the domestic market during the period 1 July 2001 to 31 December 2001,

- the names and the precise activities of all related companies(10) involved in the production, purchasing, processing and/or selling (export and/or domestic) of the product concerned,

- any other relevant information that would assist the Commission in the selection of the sample,

- an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of exporters, producers and exporting producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters, producers and exporting producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 5(b)(i) of this notice:

- name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

- the total turnover in euro of the company during the period 1 July 2001 to 31 December 2001,

- the total number of employees,

- the precise activities of the company with regard to the product concerned,

- the volume in kilograms and value in euro of imports into and resales made in the Community market during the period 1 July 2001 to 31 December 2001 of the imported product concerned originating in Norway,

- the names and the precise activities of all related companies(11) involved in the production, processing, purchasing and/or selling of the product concerned,

- any other relevant information that would assist the Commission in the selection of the sample,

- an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii) Sampling for Community producers

The selection of the sample will be based on the largest representative volume of production and sales of the Community industry which can be reasonably investigated within the time available.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in paragraph 5(b)(i) of this notice:

- name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

- the total turnover in euro of the company during the period 1 July 2001 to 31 December 2001,

- the precise activities of the company with regard to the production of the product concerned,

- the value in euro of sales of the product concerned made in the Community market during the period 1 July 2001 to 31 December 2001,

- the volume in kilograms of sales of the product concerned made in the Community market during the period 1 July 2001 to 31 December 2001,

- the volume in kilograms of the production of the product concerned during the period 1 July 2001 to 31 December 2001,

- the names and the precise activities of all related companies(12) involved in the production and/or selling of the product concerned,

- any other relevant information that would assist the Commission in the selection of the sample;

an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of Community producers, the Commission will, in addition, contact any known associations of Community producers.

(iv) Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 5(b)(i) of this notice.

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the samples.

Companies included in the samples must reply to a questionnaire within the time limit set in point 5(b)(ii) of this notice and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission will base its findings, in accordance with Articles 17(4) and 18 of the anti-dumping Regulation and Articles 27(4) and 28 of the anti-subsidy Regulation, on the facts available.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission may send questionnaires to the Community industry, to any association of producers in the Community, to the sampled exporters, producers and exporting producers in Norway to any association of exporters, producers and exporting producers, to the importers and to any association of importers which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting country concerned.

In any event, all parties should contact the Commission forthwith by fax in order to find out whether they are listed in the request and, if necessary, request a questionnaire within the time limit set in point 5(a)(i), given that the time limit set in point 5(a)(ii) of this notice applies to all interested parties.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 5(a)(iii) of this notice.

4.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the anti-dumping Regulation and Article 31 of the anti-subsidy Regulation and in order that a decision may be reached with regard to Community interest, the Community industry, importers, their representative associations and representative users, provided that they prove that there is an objective link between their activity and the product concerned may, within the general time limit set in point 5(a)(ii) and 5(a)(iii) of this notice, make themselves known, provide the Commission with information and request for a hearing. It should be noted that any information submitted pursuant to the Articles mentioned above will only be taken into account if supported by factual evidence at the time of submission.

5. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Communities.

(ii) For parties to make themselves known, to submit questionnaire replies and any other information.

All interested parties, if their representations are to taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Communities, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the anti-dumping and anti-subsidy Regulations depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in paragraph 5(b)(ii) of this notice.

(iii) Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i) All information relevant for the selection of the samples should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Communities, given that the Commission intends to consult parties concerned that have expressed their willingness to be included therein on the final selection of a sample within a period of 21 days of the publication of this notice in the Official Journal of the European Communities.

(ii) The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

6. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence: European Commission Directorate General for Trade

Directorates B and C

TERV 0/13

B - 1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877.

7. Non-cooperation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the anti-dumping Regulation and Article 28 of the anti-subsidy Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 257, 11.10.2000, p. 2.

(3) OJ L 288, 21.10.1997, p. 1.

(4) OJ L 101, 16.4.1999, p. 1.

(5) OJ L 51, 22.2.2002, p. 1.

(6) OJ L 267, 30.9.1997, p. 1.

(7) OJ L 267, 30.9.1997, p. 19.

(8) OJ L 267, 30.9.1997, p. 81.

(9) OJ L 51, 22.2.2002, p. 32.

(10) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(11) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(12) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).