Notice of initiation of an anti-dumping proceeding concerning imports of large rainbow trout originating in Norway and the Faeroe Islands

(2002/C 318/02)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96(1), as last amended by Regulation (EC) No 1972/2002(2) ("the basic Regulation"), alleging that imports of large rainbow trout, originating in Norway and the Faeroe Islands, are being dumped and are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 7 November 2002 by the Finnish Fish Farmers Association and the Åland Islands' Fish Farmers Association ("the complainant") on behalf of producers representing a major proportion, in this case more than 30% of the total Community production of large rainbow trout.

2. Product

The product allegedly being dumped is large rainbow trout (Oncorhynchus mykiss) whether fresh, chilled or frozen, whether in the form of whole fish (gutted, head on weighing more than 1,2 kg or gutted, head off weighing more than 1 kg) or in the form of fillets (weighing over 0,4 kg) originating in Norway and the Faeroe Islands ("the product concerned"), currently classifiable within CN codes ex 0302 11 90, ex 0303 21 90, ex 0304 10 11 and ex 0304 20 11. As from 1 January 2003 these codes will change to 0302 11 20, 0303 21 20, 0304 10 15 and 0304 20 15 (3). These CN codes are given only for information.

3. Allegation of dumping

The allegation of dumping for Norway and the Faeroe Islands is based on a comparison of a constructed normal value with the export prices of the product concerned to the Community.

On this basis, the dumping margins calculated are significant for both Norway and the Faeroe Islands.

4. Allegation of injury

The complainant has provided evidence that imports of the product concerned from Norway and the Faeroe Islands have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the Basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Norway and the Faeroe Islands is being dumped and whether this dumping has caused injury.

(a) Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers in Norway and the Faeroe Islands

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/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 6(b)(i) of this notice:

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

- the turnover in local currency and the volume in kg (whole fish equivalents) of the product concerned sold for export to the Community during the period 1 October 2001 to 30 September 2002,

- whether the company intends to claim an individual margin (individual margins can only be claimed by exporting producers),

- the turnover in local currency and the sales volume in kg (whole fish equivalents) for the product concerned on the domestic market during the period 1 October 2001 to 30 September 2002,

- the precise activities of the company with regard to the production of the product concerned, i.e. whether the company is (i) a producer not directly exporting to the Community, (ii) an exporter to the Community but not a producer or (iii) an "exporting producer" both producing and selling for export to the Community,

- the names and the precise activities of all related companies(4) involved in the production 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, the Commission will, in addition, contact the authorities of both Norway and the Faeroe Islands and any known associations of exporters/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 paragraph 6(b)(i) of this notice:

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

- the total turnover in euro of the company during the period 1 October 2001 to 30 September 2002,

- the total number of employees,

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

- the volume in kg (whole fish equivalents) and value in euro of imports into and resales made in the Community market during the period 1 October 2001 to 30 September 2002 of the imported product concerned originating in Norway and the Faeroe Islands,

- the names and the precise activities of all related companies(5) 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 importers, the Commission will, in addition, contact any known associations of importers.

(iii) Sampling for Community producers

In view of the large number of Community producers supporting the complaint, the Commission intends to investigate injury to the Community industry by applying sampling.

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 make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) of this notice:

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

- the total turnover in local currency of the company during the period 1 October 2001 to 30 September 2002,

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

- the value in local currency of sales of the product concerned made in the Community market during the period 1 October 2001 to 30 September 2002,

- the volume in kg (whole fish equivalents) of sales of the product concerned made in the Community market during the period 1 October 2001 to 30 September 2002,

- the volume in kg of the production of the product concerned during the period 1 October 2001 to 30 September 2002,

- the names, addresses and the precise activities of all related companies(6) involved in the production and/or selling (export and/or domestic) of the product concerned in the Community, Norway and/or the Faeroe Islands,

- 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 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 paragraph 6(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 sample.

Companies included in the samples must reply to a questionnaire within the time limit set in paragraph 6(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 Article 17(4) and Article 18 of the basic Regulation, on the facts available.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in Norway and the Faeroe Islands, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of Norway and the Faeroe Islands.

Exporters/producers in Norway and the Faeroe Islands claiming an individual margin, with a view to the application of Article 17(3) and Article 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in paragraph 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in paragraph 6(a)(i) of this notice. However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(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 has to reach the Commission within the time limit set in paragraph 6(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 paragraph 6(a)(iii) of this notice.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in paragraph 6(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 6(a)(iii) of this notice. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties 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 be 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 basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in paragraph 6(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

All information relevant for the selection of the samples should reach the Commission by 9 January 2003 given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection shortly thereafter.

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.

7. 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

Directorate B

J-79 5/16 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic 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.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Communities. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Communities.

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

(2) OJ L 305, 7.11.2002, p. 1.

(3) OJ L 290, 28.10.2002, p. 1.

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

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

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