Commission Regulation (EC) No 2249/98 of 19 October 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: 1998-10-19
Institutions: European Commission
Subjects: Norway, anti-dumping duty, fish farming, import, sea fish

20. 10. 98

EN

Official Journal of the European Communities

L 282/57

COMMISSION REGULATION (EC) No 2249/98

of 19 October 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 2052/98 (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 initia-
tion 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 that 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.

last

On 26 September 1997, the Commission adopted
Decision 97/634/EC (6),
as
amended by
Decision 98/540/EC (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 respect of them.

(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 252, 12. 9. 1998, p. 68.

(5)

Also on the same day, the Council, by Regulation
(EC) No 1891/97 (10), as last amended by Regula-
tion (EC) No 2052/98, also imposed a counter-
vailing duty of 3,8 % on imports of farmed Atlantic
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,
every quarter, the details of all their sales on a
transaction-by-transaction basis of farmed Atlantic
salmon to unrelated customers in the Community.

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
violation 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 for the first quarter of 1998.

(8) OJ L 267, 30. 9. 1997, p. 1.
(9) OJ L 264, 29. 9. 1998, p. 17.
(10) OJ L 267, 30. 9. 1997, p. 19.

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Official Journal of the European Communities

20. 10. 98

of

were

exporters

informed

the
Those
consequences of late reporting, and in particular
that,
to
should the Commission have reasons
believe that an undertaking is being violated, a
provisional anti-dumping and countervailing duty
may be imposed pursuant to Article 8(10) of Regu-
lation (EC) No 384/96 and Article 13(10) of Regu-
lation (EC) No 2026/97, respectively.

Those exporters were also invited to provide, where
appropriate, evidence of any force majeure justi-
fying the late submission or the lack of reports, but
have so far failed to provide conclusive evidence of
such force majeure.

and requested that

(10) One of the nine exporters listed in the Annex to
this Regulation, NorMan Trading Ltd AS (1), has
notified the Commission that it has changed its
the newly named
name
company be allowed to enter a new undertaking as
a newcomer. However, the Commission is of the
view that a mere change of name is not sufficient
to qualify a company as a new exporter within the
meaning of Article 2 of Regulation (EC) No 1890/
97 and Article 2 of Regulation (EC) No 1891/97.

(11)

(12)

Besides their reporting obligations, the exporters
specifically undertook to respect a precisely defined
minimum price for sales of the respective presenta-
tions of salmon imported into the Community.

In monitoring the reports relating to the fourth
quarter of 1997, it appeared from additional docu-
ments, which the Commission requested, that the
exporter Norwell AS had not included a number of
credit notes in the report submitted for the quarter
in question. After deduction of the omitted credit
notes, it appeared that Norwell AS had made sales
on the Community market below the minimum
price foreseen in the undertaking.

C. PROVISIONAL MEASURES

(13) Under those circumstances, there are reasons to
believe that
the undertakings accepted by the
Commission from the Norwegian exporters
mentioned in the Annex to this Regulation are
being breached.

(14)

It is, therefore, considered imperative that, pending
further investigation of those apparent breaches,
provisional duties be imposed.

D. RATE OF DUTY

(15)

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

(1) The new name is NorMan Seafood AS.

(16)

(17)

(18)

(19)

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

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

Under the present circumstances and in view of
recital 149 to 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.

E. FINAL CONSIDERATIONS

The names of
the exporters concerned should
therefore be deleted from the list annexed to
Decision 97/634/EC.

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,

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

0304 10 13
0303 22 00

(TARIC
(TARIC

ex
ex
and

0304 20 13

ex

The rate of duty applicable is 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.

0304 10 13
0303 22 00

(TARIC
(TARIC

ex
ex
and

0304 20 13

ex

The rate of duty applicable to the net

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

20. 10. 98

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Official Journal of the European Communities

L 282/59

Article 3

salmon

to wild Atlantic

The duties referred to in Articles 1 and 2 shall not
1.
(TARIC codes:
apply
0302 12 00*11,
0303 22 00*11,
0304 10 13*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 means of all customs and transport docu-
ments to be provided by interested parties, that it was
caught at sea.

within one month after the date of entry into force of this
Regulation.

Article 5

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

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

Article 4

Article 6

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

The parties concerned may make their views known in
writing and apply to be heard orally by the Commission

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, 19 October 1998.

For the Commission

Leon BRITTAN

Vice-President

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Official Journal of the European Communities

20. 10. 98

No

84

86

90

117

128

129

149

166

177

Langfjord Laks AS

Leonhard Products AS

Marex AS

NorMan Trading Ltd AS

Norwell AS

Notfisk Arctic AS

Salomega AS

Skarpsno Mat

Svenodak AS

ANNEX

Company

TARIC additional code

8186

8423

8326

8230

8316

8234

8260

8277

8288