Commission Regulation (EC) No 82/1999 of 13 January 1999 imposing provisional anti-dumping and countervailing duties on certain imports of farmed Atlantic salmon originating in Norway and amending Decision 97/634/EC
Date: 1999-01-13
Institutions: European Commission
Subjects: Norway, anti-dumping duty, import, sea fish

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Official Journal of the European Communities

14. 1. 1999

COMMISSION REGULATION (EC) No 82/1999

of 13 January 1999

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 2678/98 (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 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 2249/98 (7), accepting undertakings
two above-
offered in connection with the
mentioned
exporters
mentioned in its Annex and terminating the inves-
tigations in their respect.

proceedings

from the

(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 282, 20. 10. 1998, p. 57.

(5)

Again on the same day, the Council, by Regulation
(EC) No 1891/97 (10), as last amended by Regula-
tion (EC) No 2678/98, 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 above-mentioned Regulations
the
definitive findings and conclusions on all aspects of
the investigations.

set out

(7)

(8)

(9)

B. APPARENT FAILURE TO COMPLY WITH

THE UNDERTAKING

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

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.

Nine Norwegian exporters have failed to comply
with their obligation to present a report within the
prescribed time limit and one exporter has not
submitted any report at all for the second quarter of
1998.

(8) OJ L 267, 30. 9. 1997, p. 1.
(9) OJ L 337, 12. 12. 1998, p. 1.
(10) OJ L 267, 30. 9. 1997, p. 19.

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Official Journal of the European Communities

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the conse-
These exporters were informed of
quences of late or no 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.

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

(10)

(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 second
quarter of 1998, it appeared that the two exporters
Brødrene Remo A/S and SMP Marine Produkter AS
had made sales on the Community market below
the minimum price foreseen in the undertaking.

These two companies were given an opportunity to
correct any possible clerical mistakes made in the
processing of their reports and to comment on any
erroneous assessments of their reports. However,
the explanations given by these companies did not
reveal any such circumstances.

C. PROVISIONAL MEASURES

(13) Under these 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 violated.

(17)

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.

(18) 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.

E. FINAL CONSIDERATIONS

(19) Decision 97/634/EC should therefore be amended
accordingly, by the deletion of
the exporters
concerned from the list annexed to that Decision.
For the sake of clarity, an updated version of this
Annex should be published, showing the exporters
whose undertakings remain in force.

(20)

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,

HAS ADOPTED THIS REGULATION:

Article 1

farmed (other

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

ex 0303 22 00

ex 0304 20 13

(TARIC

and

(14)

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

The rate of duty applicable is EUR 0,32/kg net

2.
product weight.

D. RATE OF DUTY

Article 2

(15)

(16)

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

In this regard, and in view of recital 107 of 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 EUR 0,32/kg
net product weight.

farmed (other

1. A provisional countervailing duty is hereby imposed
on imports of
than wild) Atlantic
salmon falling within CN codes ex 0302 12 00 (TARIC
ex 0304 10 13 (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 Annex I.

ex 0303 22 00

ex 0304 20 13

(TARIC

and

The rate of duty applicable to the net

2.
Community-frontier price, before duty, is 3,8 %.

free-at-

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Official Journal of the European Communities

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Article 3

salmon

0304 10 13 * 11,

to wild Atlantic

The duties referred to in Articles 1 and 2 shall not
1.
(TARIC codes:
apply
0302 12 00 * 11,
and
0304 20 13 * 11). For the purpose of the present Regula-
tion, 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 trans-
port documents to be provided by interested parties, that
it was caught at sea.

0303 22 00 * 11

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

Article 5

The Annex to Decision 97/634/EC is hereby replaced by
Annex II to the present Regulation.

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, 13 January 1999.

For the Commission

Leon BRITTAN

Vice-President

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ANNEX I

List of companies, on which provisional duties are imposed

Company

TARIC
additional
code

A. Ovreskotnes AS

Alsvag Fiskeprodukter A/S

Brødrene Remo A/S

Hitramat & Delikatesse AS

Kr Kleiven & Co. AS

Midsundfisk AS

Norway Seafoods ASA

Scanfood AS

Seacom Nord AS

SMP Marine Produkter AS

Stavanger Røkeri AS

Nor-Fa Food AS

8095

8098

8128

8154

8182

8202

8314

8264

8270

8279

8282

8102

No

1

5

30

65

80

98

126

153

159

168

171

191

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ANNEX II

‘ANNEX

List of companies benefiting from undertakings

No

Company

TARIC
additional
code

3

7

8

11

13

14

15

16

17

20

21

22

23

24

26

27

28

31

32

33

35

36

39

Agnefest Seafood

Aqua Export A/S

Aqua Partner A/S

Arctic Group International

Arctic Superior A/S

Arne Mathiesen A/S

A/S Aalesundfisk

A/S Austevoll Fiskeindustri

A/S Keco

A/S Refsnes Fiskeindustri

A/S West Fish Ltd

Astor A/S

Atlantic King Stranda A/S

Atlantic Seafood A/S

Borkowski & Rosnes A/S

Brødrene Aasjord A/S

Brødrene Eilertsen A/S

Christiansen Partner A/S

Clipper Seafood A/A

Coast Seafood A/S

Dafjord Laks A/S

Delfa Norge A/S

Domstein Salmon A/S

8325

8100

8101

8109

8111

8112

8113

8114

8115

8118

8119

8120

8121

8122

8124

8125

8126

8129

8130

8131

8133

8134

8136

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No

Company

TARIC
additional
code

41

42

43

44

46

47

48

49

50

51

52

53

58

60

61

62

64

66

67

72

75

76

77

79

82

83

Ecco Fisk & Delikatesse

Edvard Johnsen A/S

Eurolaks AS

Euronor 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

Grieg Seafood AS

Haafa fisk AS

Hallvard Lerøy AS

Herøy Filetfabrikk AS

Hirsholm Norge AS

Hydro Seafood Sales AS

Hydrotech-gruppen AS

Inter Sea AS

Janas AS

Joh. H. Pettersen AS

Johan J. Helland AS

Karsten J. Ellingsen AS

Labeyrie Norge AS

Lafjord Group AS

8138

8139

8140

8141

8143

8144

8145

8146

8147

8148

8149

8150

8300

8302

8303

8304

8306

8159

8428

8174

8177

8178

8179

8181

8184

8185

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No

85

87

88

92

93

96

99

100

101

104

105

107

108

111

112

113

114

115

116

119

120

121

122

123

124

130

Company

TARIC
additional
code

Leica Fiskeprodukter

Lofoten Seafood Export AS

Lorentz A. Lossius AS

Marine Seafood AS

Marstein Seafood AS

Memo Food AS

Myre Sjømat AS

Naco Trading AS

Namdal Salmon AS

Nerg(cid:134)rd AS

Nils Williksen AS

Nisja Trading AS

Nor-Food AS

Nordic Group ASA

Nordreisa Laks AS

Norexport AS

Norfi Produkter AS

Norfood Group AS

Norfra Eksport AS

Norsk Akvakultur AS

Norsk Sjømat AS

Northern Seafood AS

Nortrade AS

Norway Royal Salmon Sales AS

Norway Royal Salmon AS

Nova Sea AS

8187

8188

8189

8196

8197

8200

8203

8206

8207

8210

8211

8213

8214

8217

8218

8223

8227

8228

8229

8232

8233

8307

8308

8309

8312

8235

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No

134

137

140

141

142

143

144

145

146

147

148

151

154

155

156

157

158

160

161

162

164

165

167

172

174

175

Company

TARIC
additional
code

Ok-Fish Kvalheim AS

Pan Fish Sales 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

Sangoltgruppa AS

Sea Eagle Group AS

Sea Star International AS

Sea-Bell AS

Seaco AS

Seacom AS

Seafood Farmers of Norway Ltd AS

Seanor AS

Sekkingstad AS

Sirena Norway AS

Kinn Salmon AS

SL Fjordgruppen AS

Stjernelaks AS

Stolt Sea Farm AS

Storm Company AS

8239

8242

8247

8248

8251

8253

8254

8256

8257

8258

8259

8262

8265

8266

8267

8268

8269

8271

8272

8273

8275

8276

8278

8283

8285

8286

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No

176

178

180

182

183

187

188

189

190

Company

Superior AS

Terra Seafood AS

Timar Seafood AS

Torris Products Ltd AS

Troll Salmon AS

Vie de France Norway AS

Vikenco AS

Wannebo International AS

West Fish Norwegian Salmon AS

TARIC
additional
code

8287

8289

8294

8298

8317

8321

8322

8323

8324'