Commission Regulation (EC) No 1789/98 of 14 August 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: 1998-08-14
Institutions: European Commission
Subjects: Norway, anti-dumping duty, fish farming, import, originating product, sea fish

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Official Journal of the European Communities

15. 8. 98

COMMISSION REGULATION (EC) No 1789/98

of 14 August 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
that Regulation.

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidised 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 initi-
ation of an anti-dumping proceeding (4) as well as
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
subsidisation. 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 1126/98 (7), accepting undertakings
offered in connection with the two abovemen-
tioned proceedings from the exporters mentioned
in the Annex to the 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 157, 30. 5. 1998, p. 82.

(5)

Again on the same day, the Council, by Regulation
(EC) No 1891/97 (10), as last amended by Regula-
tion (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
the 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, the details of all their sales on
a
farmed
Atlantic salmon to unrelated customers in the
Community.

transaction-by-transaction

basis

of

Besides their reporting obligations, the exporters
specifically undertook to observe
a precisely
defined minimum price for sales of the respective
the
presentations
Community.

salmon imported

into

of

It appeared from the reports relating to the fourth
quarter of 1997 that three Norwegian exporters (cid:190)
Icelandic Freezing Plants N. AS, Incofood AS, and
Ma-vo Norge AS (cid:190) had made sales on the
Community market below the minimum price
stipulated in the undertaking.

(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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(10) All companies concerned were given the oppor-
tunity to correct any possible clerical mistakes
made in the processing of their reports and in the
assessment of the facts. None of the explanations
provided led the Commission to believe that the
undertakings were not being infringed.

(18)

In the interest of sound administration, a period
should be fixed in which interested parties may
make known their views in writing and request a
hearing,

(11)

in trying to demonstrate that

the
In addition,
apparent non-observance of
its undertaking was
due to an erroneous reporting in a single sale trans-
action,
Icelandic Freezing Plants N. AS made
submissions showing that it had reported to the
Commission, for a major proportion of its sales to
the Community, only the sales
related
companies instead of the sales to the first indepen-
dent buyer, as was required.

to its

C. PROVISIONAL MEASURES

(12) Under

there is

these circumstances,

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

(13)

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

D. RATE OF DUTY

(14) According to Article 8(10) of Regulation (EC) No
384/96, the rate of the anti-dumping duty is to be
established on the basis of the best-information
available.

(15)

(16)

In this regard, and in view of recital (107) of Regu-
lation (EC) No 1890/97, it is considered appro-
priate to set
the provisional anti-
dumping duty,
for all companies concerned, at
ECU 0,32/kg net product weight.

the rate of

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

Under the present circumstances and in view of
recital (149) of Regulation (EC) No 1891/97, it is
considered appropriate that the rate of the provi-
sional countervailing duty be set at the level of
3,8 % of the net free-at-Community-frontier price
before duty.

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),
code:
0304 10 13 * 19),
code:
0303 22 00 * 19)
0304 20 13 * 19) originating in Norway and exported by
the companies listed in the Annex.

0304 10 13
0303 22 00

ex
ex
and

(Taric
(Taric

0304 20 13

(Taric

ex

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),
code:
0304 10 13 * 19),
0303 22 00 * 19)
code:
0304 20 13 * 19) originating in Norway and exported by
the companies listed in the Annex.

0304 10 13
0303 22 00

ex
ex
and

(Taric
(Taric

0304 20 13

(Taric

ex

The rate of duty applicable to the net

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

Article 3

1.
The duties referred to in Articles 1 and 2 shall not
apply to wild Atlantic salmon (Taric codes 0302 12 00 * 11,
0304 10 13 * 11, 0303 22 00 * 11, 0304 20 13 * 11).

For the purpose of this Regulation, ‘wild Atlantic salmon'
shall mean that
in respect of which the competent
authorities of the Member State of landing are satisfied,
from 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.

E. FINAL PROVISIONS

(17) Decision 97/634/EC should therefore be amended
accordingly, by the deletion of
the exporters
concerned from the list annexed to the Decision.

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 4

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Article 5

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

Article 6

This Regulation shall enter into force on the day following that of 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, 14 August 1998.

For the Commission
Leon BRITTAN

Vice-President

ANNEX

Company

Icelandic Freezing Plants N. AS

Incofood AS

Ma-vo Norge AS

No

68

70

89

Taric
additional code

8 165

8 172

8 190