Council Regulation (EC) No 772/98 of 7 April 1998 amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 1998-04-07
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, import, originating product, sea fish

L 111/10

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Official Journal of the European Communities

9. 4. 98

COUNCIL REGULATION (EC) No 772/98

of 7 April 1998

amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing definitive
anti-dumping and countervailing duties on imports of farmed Atlantic salmon
originating in Norway

THE COUNCIL OF THE EUROPEAN UNION,

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 members of
the European Com-
munity (1), and in particular Articles 8(9) and 9 thereof,

(2)

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidised imports
from countries not members of
the European Com-
munity (2), and in particular Articles 13(9) and 15 thereof,

Having regard to the proposal submitted by the Commis-
sion after consulting the Advisory Committee,

Whereas:

A. Provisional measures

(1)

In the framework of the anti-dumping and anti-
subsidy investigations
initiated by two separate
notices published in the Official Journal of the
European Communities (3),
the Commission had
accepted, on 26 September 1997, by Decision
97/634/EC (4),
the
Kingdom of Norway and by 190 Norwegian ex-
sales
porters. These undertakings apply to all
invoiced by these exporters since 1 July 1997.

undertakings

offered

by

Subsequent
these under-
to the acceptance of
takings, the Commission had reasons to believe
that 29 exporters were failing to comply with the
terms of these undertakings:

— it appeared from their reports relating to the
third quarter of 1997 that six Norwegian ex-
porters had made sales on the Community
market below the minimum price stipulated in
the undertaking for each presentation of the
product concerned,

— 23 Norwegian exporters failed to comply with
their obligation to submit their report relating

to the third quarter of 1997 within the pre-
scribed time limit, or did not submit such a
report at all. These exporters did not provide
any evidence of force majeure to justify such
late reporting.

Consequently, the Commission, by Regulation (EC)
No 2529/97 (5), hereinafter referred to as the ‘provi-
sional duty Regulation’, imposed provisional anti-
dumping and countervailing duties on imports of
farmed Atlantic salmon falling within CN codes
ex 0302 12 00, ex 0304 10 13, ex 0303 22 00 and
ex 0304 20 13 originating in Norway and exported
by the companies listed in the Annex I to that
Regulation.

B. Subsequent procedure

(3)

All Norwegian companies concerned by the provi-
sional duties received disclosure in writing con-
cerning the essential facts and considerations on
the basis of which these duties were imposed.

(4) Within the time limit set in the provisional duty
the Norwegian companies

Regulation, most of
concerned submitted comments in writing.

(5)

(6)

Subsequent to the written submissions received, the
Commission sought and verified all information it
deemed necessary for the purpose of a definitive
determination on the apparent violations. The
Commission’s findings are set out in Regulation
(EC) No 651/98 (6).

C. Definitive measures

Parties were informed of the essential facts and
considerations on the basis of which it was
intended to recommend the imposition of defin-
itive anti-dumping and countervailing duties and
the definitive collection of the amounts secured by
way of provisional duties. They were also granted a
period within which to make representations sub-
sequent to this disclosure.

(1) OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula-

tion (EC) No 2331/96 (OJ L 317, 6. 12. 1996, p. 1).

(2) OJ L 288, 21. 10. 1997, p. 1.
(3) OJ C 235, 31. 8. 1996, p. 18, and
OJ C 235, 31. 8. 1996, p. 20.
(4) OJ L 267, 30. 9. 1997, p. 81.

(7)

The exporters concerned having been given an
opportunity to comment, it is concluded that de-
finitive anti-dumping and countervailing duties

(5) OJ L 346, 17. 12. 1997, p. 63.
(6) OJ L 88, 24. 3. 1998, p. 31.

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Official Journal of the European Communities

L 111/11

should be imposed on imports of farmed Atlantic
salmon originating in Norway and exported by the
companies listed in Annex I to this Regulation.

take account of the change of name of Skaarfish
Group AS, and the correction of the names of West
Fish Sales Ltd,

(8)

(9)

(10)

and

injury

by Regulation

The investigations which led to the undertakings
were concluded by a final determination as to
dumping
(EC)
No 1890/97 (1), and by a final determination as to
subsidisation and injury by Regulation (EC)
No 1891/97 (2). Therefore, the rate of the definitive
duties should be fixed at the level of the duties
established in those two Regulations, in accordance
with Article 8(9) of Regulation (EC) No 384/96 and
Article 13(9) of Regulation (EC) No 2026/97.

D. Definitive collection of provisional duties

In relation to the exporters for which a breach of
undertaking has been established, it is considered
the amounts secured by way of
necessary that
provisional anti-dumping and countervailing duties
be definitively collected at the level of the defin-
itive duties.

E. Amendment of the Annexes to Regulation
(EC) No 1890/97 and Regulation (EC) No
1891/97

informed the
certain companies
In addition,
Commission that their name had been changed or
that their name as shown in the Annex to Decision
97/634/EC is not correct. Where a company has
changed its name, the Commission verified that
there was no change in the corporate structure
which would call for a more detailed examination
of the appropriateness of maintaining its under-
taking.

The Annexes to Regulation (EC) No 1890/97 and
Regulation (EC) No 1891/97, exempting the parties
listed therein from the duty, should be amended to
remove that exemption from the companies listed
in Annex I hereto, and update these Annexes to

HAS ADOPTED THIS REGULATION:

Article 1

For the products falling within the CN codes referred to
in Article 3 and exported by the companies listed in
Annex I:
— a definitive anti-dumping duty is hereby imposed. The
rate of duty applicable is ECU 0,32/kg net product
weight,

— a definitive countervailing duty is hereby imposed.
free-at-

The rate of duty applicable to the net
Community price, before duty is 3,8 %.

Article 2

1.
As a consequence, the Annex to Regulation (EC)
No 1890/97 is hereby replaced by Annex II to this Regu-
lation.

The Annex to Regulation (EC) No 1891/97 is

2.
hereby replaced by Annex II to this Regulation.

Article 3

salmon

The amounts secured by way of
the provisional anti-
dumping and countervailing duties imposed by Regula-
tion (EC) No 2529/97 in relation to farmed (other than
falling within CN codes
wild) Atlantic
0302 12 00*19),
ex
0304 10 13*19),
ex
ex
and
ex 0304 20 13 (TARIC code: 0304 20 13*19) originating in
Norway and exported by the companies listed in the
Annex I to this Regulation shall be definitively collected.

(TARIC
(TARIC
(TARIC code:

0302 12 00
0304 10 13

0303 22 00*19)

0303 22 00

code:
code:

Article 4

This Regulation shall enter
into force on the day
following 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.

Done at Luxembourg, 7 April 1998.

For the Council

The President

D. BLUNKETT

(1) Council Regulation (EC) No 1890/97 of 26 September 1997
imposing a definitive anti-dumping duty on imports of
farmed Atlantic salmon originating in Norway (OJ L 267, 30.
9. 1997, p. 1).

(2) Council Regulation (EC) No 1891/97 of 26 September 1997
imposing a definitive countervailing duty on imports of
farmed Atlantic salmon originating in Norway (OJ L 267, 30.
9. 1997, p. 19).

L 111/12

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Official Journal of the European Communities

9. 4. 98

ANNEX I

No

Company name

TARIC
additional
code

6

9

10

18

34

38

56

57

63

73

74

78

91

94

102

103

110

127

132

135

139

170

184

185

Altafjord Oppdrett A/S

Aqua Supply A/S

Aquatrade AS

A/S Møre Codfish Company

Compania do Bacalhau Lda A/S

DNHS Fishing Company A/S

Gje-vi A/S

Gjendemsjø Fisk A/S

Heroy Lakseoppdrett AL

J. Meinert A/S

Jan og Einer Martinussen A/S

Karl Storm Andersen Eft A/S

Marinco A/S

Master Seafood

Nature Sea-lect Ltd

Neptun Stavanger A/S

Nordhav A/S

Norwegian Salmon A/S

Ocean Superior Products A/S

Omega Sea A/S

Polar Gigante A/S

Starfish

Uniprawns A/S

Vareberg’s Røykeri

8099

8107

8108

8116

8132

8399

8153

8299

8305

8175

8176

8180

8191

8198

8208

8209

8216

8315

8237

8240

8246

8281

8318

8319

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L 111/13

ANNEX II

UT No

Company name

TARIC
additional
code

1

2

3

4

5

7

8

11

12

13

14

15

16

17

19

20

21

22

23

24

25

26

27

28

29

30

31

A. Ovreskotnes AS

A.B.A. A/S

Agnefest Seafood

Alamar A/S

Alsvag Fiskeprodukter A/S

Aqua Export A/S

Aqua Partner A/S

Arctic Group International

Arctic Product A/S

Artic Superior A/S

Arne Mathiesen A/S

A/S Aalesundfisk

A/S Austevoll Fiskeindustri

A/S Keco

A/S Nortraders Ltd

A/S Refsnes Fiskeindustri

A/S West Fish Ltd

Astor A/S

Atlantic King Stranda A/S

Atlantic Seafood A/S

Atlantis A/S

Borkowski & Rosnes A/S

Brødrene Aasjord A/S

Brødrene Eilertsen A/S

Brødrene Karlsen A/S

Brødrene Remo A/S

Christiansen Partner A/S

8095

8096

8325

8097

8098

8100

8101

8109

8110

8111

8112

8113

8114

8115

8117

8118

8119

8120

8121

8122

8123

8124

8125

8126

8127

8128

8129

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9. 4. 98

UT No

Company name

TARIC
additional
code

32

33

35

36

37

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

58

59

60

61

62

64

Clipper Seafood A/A

Coast Seafood A/S

Dafjord Laks A/S

Delfa Norge A/S

DM Direkte Markedsføringsbyra

Domstein Salmon A/S

E. Slorer Jacobsen & Co. A/S

Ecco Fisk & Delikatesse

Edvard Johnsen A/S

Eurolaks AS

Euronor AS

Fader Martin AS

Fiskeforsyningen AS

Fjord Aqua Group AS

Fjord Trading Ltd. AS

Fonn Egersund AS

Fossen AS

Fresh Atlantic AS

Fresh Marine Company AS

Fryseriet AS

Frøya Fiskeindustri AS

Gigante Fiskekroken AS

Grieg Seafood AS

Gunnar Klo AS

Haafa fisk AS

Hallvard Lerøy AS

Herøy Filetfabrikk AS

Hirsholm Norge AS

8130

8131

8133

8134

8135

8136

8137

8138

8139

8140

8141

8142

8143

8144

8145

8146

8147

8148

8149

8150

8151

8152

8300

8301

8302

8303

8304

8306

9. 4. 98

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L 111/15

UT No

Company name

TARIC
additional
code

65

66

67

68

69

70

71

72

75

76

77

79

80

81

82

83

84

85

86

87

88

89

90

92

93

95

96

97

Hitramat & Delikatesse AS

Hydro Seafood Sales AS

Hydrotech-gruppen AS

Icelandic Freezing Plants N. AS

Imperial Salmon Co. AS

Incofood AS

Inter Road AS

Inter Sea AS

Janas AS

Joh. H. Pettersen AS

Johan J. Helland AS

Karsten J. Ellingsen AS

Kr. Kleiven & Co. AS

Kurt F. Løseth & Co AS

Labeyrie Norge AS

Lafjord Group AS

Langfjord Laks AS

Leica Fiskeprodukter

Leonhard Products AS

Lofoten Seafood Export AS

Lorentz A. Lossius AS

Ma-vo Norge AS

Marex AS

Marine Seafood AS

Marstein Seafood AS

Melands Røkeri Eftf. AS

Memo Food AS

Midtco AS

8154

8159

8428

8165

8171

8172

8173

8174

8177

8178

8179

8181

8182

8183

8184

8185

8186

8187

8423

8188

8189

8190

8326

8196

8197

8199

8200

8201

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Official Journal of the European Communities

9. 4. 98

UT No

Company name

TARIC
additional
code

98

99

100

101

104

105

106

107

108

109

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

128

129

Midsundfisk AS

Myre Sjømat AS

Naco Trading AS

Namdal Salmon AS

Nerg(cid:134)rd AS

Nils Williksen AS

Niscan Corporation AS

Nisja Trading AS

Nor-Food AS

Nor-Trade International

Nordic Group ASA

Nordreisa Laks AS

Norexport AS

Norfi Produkter AS

Norfood Group AS

Norfra Eksport AS

NorMan Trading Ltd. AS

Nornir Group AS

Norsk Akvakultur AS

Norsk Sjømat AS

Northern Seafood AS

Nortrade AS

Norway Royal Salmon Sales AS

Norway Royal Salmon AS

Norway Seafarms AS

Norway Seafoods ASA

Norwell AS

Notfisk Arctic AS

8202

8203

8206

8207

8210

8211

8212

8213

8214

8215

8217

8218

8223

8227

8228

8229

8230

8231

8232

8233

8307

8308

8309

8312

8313

8314

8316

8234

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L 111/17

UT No

Company name

TARIC
additional
code

130

131

133

134

136

137

138

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

Nova Sea AS

NTC Norwegian Taste Company AS

Oddvin Bjørge AS

Ok-Fish Kvalheim AS

Oster Sea Products AS

Pan Fish Sales AS

Pero Food AS

Polar Seafood Norway AS

Prilam Norv(cid:138)ge AS

Pundslett Fisk

Roger AS

Rolf Olsen Seafood AS

Ryfisk AS

Rørvik Fisk- og fiskematforretning AS

Saga Lax Norge AS

Saga Lax Nord A/S

Salomega AS

Sandanger AS

Sangoltgruppa AS

Scan-Mar AS

Scanfood AS

Sea Eagle Group AS

Sea Star International AS

Sea-Bell AS

Seaco AS

Seacom AS

Seacom Nord AS

Seafood Farmers of Norway Ltd AS

8235

8236

8238

8239

8241

8242

8243

8247

8248

8251

8253

8254

8256

8257

8258

8259

8260

8261

8262

8263

8264

8265

8266

8267

8268

8269

8270

8271

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9. 4. 98

UT No

Company name

TARIC
additional
code

161

162

163

164

165

166

167

168

169

171

172

173

174

175

176

177

178

179

180

181

182

183

186

187

188

189

190

191

Seanor AS

Sekkingstad AS

Sigerfjord-Fisk AS

Sirena Norway AS

KINN SALMON AS

Skarpsno Mat

SL Fjordgruppen AS

SMP Marine Produkter AS

Sotra Fiskeindustri AS

Stavanger Røkeri AS

Stjernelaks AS

Stokfish Norway AS

Stolt Sea Farm AS

Storm Company AS

Superior AS

Svenodak AS

Terra Seafood AS

Thorleif E. Ellingsen AS

Timar Seafood AS

Torget International AS

Torris Products Ltd. AS

Troll Salmon AS

Vest Agentur AS

Vie de France Norway AS

Vikenco AS

Wannebo International AS

West Fish Norwegian Salmon AS

Nor-Fa Food AS

8272

8273

8274

8275

8276

8277

8278

8279

8280

8282

8283

8284

8285

8286

8287

8288

8289

8293

8294

8297

8298

8317

8320

8321

8322

8323

8324

8102