Commission Regulation (EC) No 1126/98 of 29 May 1998 imposing provisional anti-dumping and countervailing duties on certain imports of farmed Atlantic salmon originating in Norway, and amending Decision 97/634/EC
Date: 1998-05-29
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-dumping legislation, import, originating product, sea fish

L 157/82

EN

Official Journal of the European Communities

30. 5. 98

COMMISSION REGULATION (EC) No 1126/98

of 29 May 1998

imposing provisional anti-dumping and countervailing duties on certain imports
of farmed Atlantic salmon originating in Norway, and amending Decision
97/634/EC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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
the European
Community (1), as last amended by Regulation (EC) No
905/98 (2), and in particular Article 8(10) thereof,

not members

of

On the same day the Council, by Regulation (EC)
No 1890/97 (8), as last amended by Regulation (EC)
No 772/98 (9), imposed an anti-dumping duty of
ECU 0,32 per kilo on imports of farmed Atlantic
salmon originating in Norway. Imports of farmed
from
Atlantic salmon exported by companies
which an undertaking had been accepted were
exempted from that duty pursuant to Article 1(2) of
the Regulation.

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidized imports
the European
from countries
Community (3), and in particular Article 13(10) thereof,

not members

of

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

On 31 August 1996, the Commission announced,
by two separate notices published in the Official
Journal of the European Communities, the initia-
tion of both an anti-dumping proceeding (4) and an
anti-subsidy proceeding (5) in respect of imports of
farmed Atlantic salmon originating in Norway.

The Commission sought and verified all informa-
tion that it deemed necessary for the purpose of its
definitive findings. As a result of this examination,
it was established that definitive anti-dumping and
countervailing measures should be adopted in order
to eliminate the injurious effects of dumping and
subsidization. All interested parties were informed
of the results of the investigation and were given
the opportunity to comment thereon.

On 26 September 1997, the Commission adopted
Decision 97/634/EC (6), as last amended by Regula-
tion (EC) No 651/98 (7), accepting undertakings
offered in connection with the two abovemen-
tioned proceedings, by the exporters mentioned in
the Annex to that Decision and terminating the
investigations in their respect.

(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 88, 24. 3. 1998, p. 31.

(5)

On the same day, the Council, by Regulation (EC)
No 1891/97 (10), as last amended by Regulation
(EC) No 772/98, also imposed a countervailing
farmed Atlantic
duty of 3,8 % on imports of
salmon originating in Norway. Imports of farmed
Atlantic salmon exported by companies
from
which an undertaking had been accepted were
exempted from that duty pursuant to Article 1(2) of
that Regulation.

(6)

The abovementioned Regulations set out the defin-
itive findings and conclusions on all aspects of the
investigations.

B. APPARENT FAILURE TO COMPLY WITH

THE UNDERTAKING

(7)

(8)

(9)

In order to ensure the effective implementation
and monitoring of the undertakings accepted, the
exporters undertook to report to the Commission,
on a quarterly basis, all
farmed
Atlantic salmon to unrelated customers in the
Community.

their sales of

The text of the undertakings specifically provides
that failure to comply with the reporting obliga-
tions and, in particular, failure to submit the quar-
terly report within the prescribed time limit except
in case of force majeure, would be construed as a
breach of the undertaking.

Certain Norwegian exporters have failed to comply
with their obligation to present a report within the
prescribed time limit or have not submitted any
report at all.

(8) OJ L 267, 30. 9. 1997, p. 1.
(9) OJ L 111, 9. 4. 1998, p. 10.
(10) OJ L 267, 30. 9. 1997, p. 19.

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Official Journal of the European Communities

L 157/83

of

were

exporters

informed

the
Those
consequences of late reporting, and in particular
that, should the Commission have reason to believe
that an undertaking was being infringed, a provi-
sional anti-dumping and countervailing duty might
be imposed pursuant to Article 8(10) of Regulation
(EC) No 384/96 and Article 13(10) of Regulation
(EC) No 2026/97, respectively.

These exporters were also called upon to provide,
where appropriate, evidence of any force majeure
justifying such late submission or lack of reports,
but have so far
failed to provide conclusive
evidence of such force majeure.

C. PROVISIONAL MEASURES

(10) Under

there is

these circumstances,

reason to
the undertakings accepted by the
believe that
Commission from the Norwegian exporters
mentioned in the Annex to this Regulation are
being infringed.

(11)

(12)

In view of the difficult economic situation facing
the Community industry, it is considered imper-
ative that, pending further investigation of these
apparent breaches, provisional duties be imposed.

D. RATE OF DUTY

In accordance with Article 8(10) of Regulation (EC)
No 384/96,
the anti-dumping duty
should be established on the basis of the best infor-
mation available.

the rate of

Under the present circumstances and bearing in
mind that no dumping margin had been individ-
ually determined for the exporters concerned, it is
considered appropriate that the rate of the provi-
sional anti-dumping duty be set at the level of the
definitive duty imposed by the Council in Regula-
tion (EC) No 1890/97.

(13)

In accordance with Article 13(10) of Regulation
(EC) No 2026/97, the rate of the countervailing
duty must be established on the basis of the best
information available.

(14) Under the present circumstances it is considered
appropriate that the rate of the provisional counter-
vailing duty be set at the level of the definitive duty
imposed by the Council in Regulation (EC) No
1891/97.

E. FINAL PROVISIONS

(15) Decision 97/634/EC should therefore be amended

accordingly.

(16)

In the interests of sound administration, a period
should be fixed in which interested parties may
make known their views in writing and request a
hearing. Furthermore, it should be noted that all
findings made for the purpose of this Regulation
are based on the exporters’ quarterly reports or

absence thereof and are therefore provisional, and
may have to be reconsidered for the purpose of any
definitive duties which the Commission may
propose,

HAS ADOPTED THIS REGULATION:

Article 1

1. A provisional anti-dumping duty is hereby imposed
on imports of farmed (other than wild) Atlantic salmon
falling within CN codes ex 0302 12 00 (TARIC code:
code:
0302 12 00*19),
0304 10 13*19),
code:
0303 22 00*19)
(TARIC code:
0304 20 13*19) originating in Norway and exported by the
companies listed in the Annex.

ex 0304 10 13
ex 0303 22 00

(TARIC
(TARIC

ex 0304 20 13

and

The rate of duty applicable shall be ECU 0,32/kg net

2.
product weight.

Article 2

1. A provisional countervailing duty is hereby imposed
on imports of farmed (other than wild) Atlantic salmon
falling within CN codes ex 0302 12 00 (TARIC code:
code:
0302 12 00*19),
0304 10 13*19),
code:
0303 22 00*19)
(TARIC code:
0304 20 13*19) originating in Norway and exported by the
companies listed in the Annex.

ex 0304 10 13
ex 0303 22 00

(TARIC
(TARIC

ex 0304 20 13

and

The rate of duty applicable to the net

2.
free-at-
Community-frontier price, before duty, shall be 3,8 %.

Article 3

salmon

to wild Atlantic

The duties referred to in Articles 1 and 2 shall not
1.
(TARIC codes
apply
0303 22 00*11,
0304 10 13*11,
0302 12 00*11,
0304 20 13*11). For the purpose of this Regulation, wild
Atlantic salmon shall be that in respect of which the
competent authorities of the Member State of landing are
satisfied, by way of all customs and transport documents
to be provided by interested parties, that it was caught at
sea.

2. Unless otherwise specified, the provisions in force
concerning customs duties shall apply.

Article 4

The parties concerned may make their views known in
writing and apply to be heard orally by the Commission
within one month of the date of entry into force of this
Regulation.

Article 5

The companies listed in the Annex to this Regulation are
hereby deleted from the Annex to Decision 97/634/EC.

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Official Journal of the European Communities

30. 5. 98

Article 6

This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.

It shall apply for a period of four months.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 29 May 1998.

For the Commission

Leon BRITTAN

Vice-President

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Official Journal of the European Communities

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ANNEX

Company

No

19

45

55

59

71

95

106

109

125

136

138

186

A/S Nortraders Ltd

Fader Martin A/S

Gigante Fiskekroken A/S

Gunnar Klo A/S

Inter Road A/S

Melands Røkeri Eftf. A/S

Niscan Corporation A/S

Nor-Trade International

Norway Seafarms A/S

Oster Sea Products A/S

Pero Food A/S

Vest Agentur A/S

TARIC
additional
code

8117

8142

8152

8301

8173

8199

8212

8215

8313

8241

8243

8320