Commission Regulation (EC) No 131/1999 of 21 January 1999 amending Regulation (EC) No 2249/98 imposing provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters and amending Commission Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of farmed Atlantic salmon originating in Norway
Date: 1999-01-21
Institutions: European Commission
Subjects: Norway, anti-dumping duty, export subsidy, import, originating product, sea fish

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 131/1999

of 21 January 1999

amending Regulation (EC) No 2249/98 imposing provisional anti-dumping and
countervailing duties on imports of farmed Atlantic salmon originating in
Norway with regard to certain exporters and amending Commission Decision
97/634/EC accepting undertakings offered in connection with the anti-dumping
and anti-subsidies proceedings concerning imports of farmed Atlantic salmon
originating in Norway

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 thereof,

not members

of

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidised imports
from countries
the European
not members
Community (3), and in particular Article 13 thereof,

of

After consulting the Advisory Committee,

Whereas:

A. PROVISIONAL MEASURES

(1) Within the framework of the anti-dumping and
anti-subsidy investigations initiated by two separate
notices published in the Official Journal of the
European
Communities (4),
the Commission
accepted, by Decision 97/634/EC (5)
last
amended by Regulation (EC) No 82/1999 (6),
undertakings offered by 190 Norwegian exporters
and the Kingdom of Norway.

as

(2)

(3)

The text of the undertakings provides that failure to
submit a quarterly report of all sales transactions to
the first unrelated customer in the Community
within a prescribed time limit except in case of
force majeure, would be construed as a violation of
the undertaking.

For the first quarter of 1998, eight Norwegian
companies either did not present a report within
the prescribed time limit, or did not submit any
report at all. These exporters did not provide any
force majeure to justify such late
evidence of
reporting or non-reporting.

(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 235, 31. 8. 1996, p. 18, and OJ C 235, 31. 8. 1996,

p. 20.

(5) OJ L 267, 30. 9. 1997, p. 81.
(6) OJ L 8, 14. 1. 1999, p. 8.

(5)

(6)

(7)

The text of the undertakings also provides that
failure to comply with the obligation to sell the
product concerned on the Community market at or
above the minimum price stipulated in the under-
taking would be construed as a violation of the
undertaking.

In this regard, for the fourth quarter of 1997, one
Norwegian exporter appeared to have sold the
product concerned to the Community market at a
price which was below the price stipulated in the
undertaking. In addition, one of the Norwegian
exporters which failed to submit its quarterly report
for the first quarter of 1998 within the time limit,
also appeared to have sold the product concerned
to the Community market at a price which was
below the price foreseen in the undertaking

The Commission therefore had reason to believe
that these nine companies had breached the terms
of their undertakings.

Consequently, the Commission, by Regulation (EC)
No 2249/98 (7), 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 nine companies listed in the Annex to that
Regulation. By the same Regulation, the Commis-
sion deleted the companies concerned from the
Annex to Decision 97/634/EC, which listed the
companies
undertakings were
accepted.

from which

B. SUBSEQUENT PROCEDURE

(8)

All nine Norwegian companies subject
to the
provisional duties received disclosure in writing
concerning the essential facts and considerations,
on the basis of which these provisional duties were
imposed. They were also given an opportunity to
submit comments and request a hearing.

(7) OJ L 282, 20. 10. 1998, p. 57.

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Official Journal of the European Communities

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submitted

comments

(9) Within the time limit set in the provisional duty
Regulation, only one of the Norwegian companies
concerned
in writing.
Following receipt of this written submission, the
Commission sought and examined all information
it deemed necessary for the purposes of a definitive
determination
violation.
the
Comments were also submitted by a company not
subject
to an undertaking concerning NorMan
Trading Ltd AS.

apparent

on

(10) Of the nine companies subject to the provisional
company, Norwell AS,

only

one

measures,
requested a hearing.

(11)

The interested parties were informed of the essen-
tial facts and considerations on the basis of which it
was intended to confirm the withdrawal of
the
Commission’s acceptance of their undertaking and
to recommend the imposition of definitive anti-
dumping and countervailing duties and the defin-
itive collection of the amounts secured by way of
provisional duties. They were also granted a period
within which to make representations subsequent
to this disclosure.

(12)

The oral and written comments submitted by the
interested parties were considered and, where
deemed appropriate,
in the
definitive findings.

taken into account

C. DEFINITIVE FINDINGS

(13) During the hearing, Norwell AS reiterated that the
violation of its undertaking had occurred as a result
of the deduction of certain credit notes, causing its
average selling price to the Community to fall
below the minimum import price for the last
quarter of 1997. However, the company claimed
mitigating circumstances in that the credit notes
were issued in respect of a ‘one-off' quality claim
for a consignment of fish which arrived in abnor-
mally poor condition at the premises of the buyers
in the Community. This poor quality of the fish
resulted in the company granting significant
rebates to its customers. While admitting that the
effect of the credit notes has been to reduce the
company’s average sales price from above the
minimum import price to a level which is below
that price, the company argued that, at the time
when the sales price was negotiated, the issue of
such credit notes for such an amount could not
have been foreseen.

the customs value which,

(14) Credit notes for quality claims would also justify a
reduction of
the
measure was not an undertaking but a variable
duty, would lead to a proportional reduction of the
applicable duties. To ensure, therefore, full equiva-
lence of anti-dumping and countervailing measures
whether taken in the form of duties or undertak-

if

ings, the Commission considered that credit notes
for genuine, substantiated quality claims should not
lead to a violation finding.

(15)

In view of the above, and with sufficient evidence
now presented and verified which supports the
claim of Norwell AS concerning the abnormally
poor quality of this particular consigment,
it is
concluded that definitive measures should not be
imposed on this company.

(16) As regards NorMan Trading Ltd AS, against which
provisional duties were imposed, it was claimed by
another Norwegian company that this company
ceased trading in September 1997, was wound up,
and had some of its activities transferred to the
company which made the submission. Accordingly,
as no comments were received on the violation
findings and, as the company may no longer exist,
the name of this company should be removed from
the
list of Norwegian exporters which are
exempted from the definitive anti-dumping and
countervailing duties.

(17) With regard to the remaining companies which
failed to respect
reporting obligations, as
their
them have claimed
mentioned above, none of
subsequent to disclosure that force majeure had
prevented them from submitting their quarterly
reports within the due period. Similarly, no further
comments were received from the company which,
in addition to failing to submit its report on time,
also exported the product concerned to the
Community at
levels which were below the
minimum price. Accordingly, definitive measures
should be imposed against these companies.

D. WITHDRAWAL OF UNDERTAKINGS

(18)

(19)

In monitoring the undertakings submitted by the
Norwegian exporters, the Commission found over a
period of time that a number of exporters had no
sales to the European Community for consecutive
reporting quarters. On verification, some of these
companies also declared that they had not exported
during the reference period of the original investi-
gations which led to the present anti-dumping and
countervailing measures, and that
they have no
binding contractual obligations to do so in the near
future.

The Commission informed the parties concerned
of these findings and pointed out that, in view of
these facts, the companies did not qualify as expor-
ters within the meaning of Regulation (EC) No
384/96 (hereinafter referred to as ‘the basic anti-
dumping Regulation') and Regulation (EC) No
2026/97 (hereinafter referred to as ‘the basic anti-
it was made
subsidies Regulation'). Furthermore,

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Official Journal of the European Communities

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known to these parties that to maintain the under-
takings in force under these circumstances would
be administratively cumbersome for the Commis-
sion in terms of monitoring.

These parties were also informed that they could
offer again, when the relevant conditions are met,
an undertaking as new exporters in accordance
with Article 2 of Council Regulation (EC) No
1890/97 (1) as last amended by Regulation (EC) No
2678/98 (2), and with Article 2 of Council Regula-
tion (EC) No 1891/97 (3), as last amended by Regu-
lation (EC) No 2678/98. Any application by these
parties under those Articles would be treated expe-
ditiously. With regard to 21 companies which
consequently withdrew their undertakings,
the
Council, by Regulation (EC) No 2039/98 (4),
imposed definitive anti-dumping and counter-
and the
vailing duties on these
98/
accordingly,
Commission,
540/EC (5), amended Decision 97/634/EC.

by Decision

companies

(20)

Subsequent
three more
to these amendments,
companies, namely Hirsholm Norge AS, Lorentz
A. Lossius AS and Roger AS withdrew their under-
takings
In addition, having been
informed of an apparent reporting violation by the
Commission, another company, Fonn Egersund
AS, also withdrew its undertaking.

voluntarily.

(21) As a result of the withdrawal of their undertakings,
these four companies are not entitled to continue
to benefit from an exemption to the anti-dumping
and countervailing duties, and their names should
therefore be removed from the list of companies
from which undertakings have been accepted.

(23)

(24)

to the provisional
companies which are subject
duty imposed by the provisional duty Regulation.

The Annex to Decision 97/634/EC accepting
undertakings in the context of the present anti-
dumping and anti-subsidies proceedings should be
amended to take account of the reinstatement of
the undertakings given by Norwell AS, in respect
of which the provisional duty should be repealed.

To take account of these changes and of the above-
mentioned withdrawals of undertakings, the Annex
to Decision 97/634/EC listing the parties from
which undertakings are being accepted, should be
accordingly amended,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2249/98 is hereby

1.
replaced by Annex I.

The amounts secured by way of the provisional anti-
2.
dumping and countervailing duties imposed by that
Regulation in relation to farmed (other than wild) Atlantic
salmon falling within CN codes ex 0302 12 00 (TARIC
ex 0304 10 13 (TARIC code:
code: 0302 12 00*19),
code:
0303 22 00
ex
0304 10 13*19),
0303 22 00*19)
(TARIC code:
and
0304 20 13*19) originating in Norway and exported by
Norwell AS, undertaking No 128 (TARIC additional code:
8316) shall be released.

0304 20 13

(TARIC

ex

Article 2

E. AMENDMENT OF

THE

ANNEX

TO

DECISION 97/634/EC

(22)

In parallel with this Regulation, the Commission is
submitting a proposal for a Council Regulation
imposing definitive anti-dumping and counter-
vailing duties on farmed Atlantic salmon origin-
ating in Norway and exported by the other eight

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

Article 3

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 Brussels, 21 January 1999.

For the Commission

Leon BRITTAN

Vice-President

(1) OJ L 267, 30. 9. 1997, p. 1.
(2) OJ L 337, 12. 12. 1998, p. 1.
(3) OJ L 267, 30. 9. 1997, p. 19.
(4) OJ L 263, 26. 9. 1998, p. 3.
(5) OJ L 252, 12. 9. 1998, p. 68.

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ANNEX I

List of companies subject to provisional anti-dumping and countervailing duties

Undertaking
No

Company name

84

86

90

117

129

149

166

177

Langfjord Laks AS

Leonhard Products AS

Marex AS

NorMan Trading AS

Notfisk Arctic AS

Salomega AS

Skarpsno Mat

Svenodak AS

TARIC
additional
code

8116

8423

8326

8230

8234

8260

8277

8288

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ANNEX II

List of the 107 companies from which undertakings are accepted, as updated by Regulation
(EC) No 131/1999

Undertaking
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

41

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

Ecco Fisk & Delikatesse

8325

8100

8101

8109

8111

8112

8113

8114

8115

8118

8119

8120

8121

8122

8124

8125

8126

8129

8130

8131

8133

8134

8136

8138

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Undertaking
No

Company

TARIC
additional
code

42

43

44

46

47

48

50

51

52

53

58

60

61

62

66

67

72

75

76

77

79

82

83

85

87

92

93

Edvard Johnsen A/S

Eurolaks AS

Euronor AS

Fiskeforsyningen AS

Fjord Aqua Group AS

Fjord Trading Ltd AS

Fossen AS

Fresh Atlantic AS

Fresh Marine Company AS

Fryseriet AS

Grieg Seafood AS

Haafa fisk AS

Hallvard Lerøy AS

Herøy Filetfabrikk 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

Leica Fiskeprodukter

Lofoten Seafood Export AS

Marine Seafood AS

Marstein Seafood AS

8139

8140

8141

8143

8144

8145

8147

8148

8149

8150

8300

8302

8303

8304

8159

8428

8174

8177

8178

8179

8181

8184

8185

8187

8188

8196

8197

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Undertaking
No

Company

TARIC
additional
code

96

99

100

101

104

105

107

108

111

112

113

114

115

116

119

120

121

122

123

124

128

130

134

137

140

141

142

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

Norwell AS

Nova Sea AS

Ok-Fish Kvalheim AS

Pan Fish Sales AS

Polar Seafood Norway AS

Prilam Norv(cid:138)ge AS

Pundslett Fisk

8200

8203

8206

8207

8210

8211

8213

8214

8217

8218

8223

8227

8228

8229

8232

8233

8307

8308

8309

8312

8316

8235

8239

8242

8247

8248

8251

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Undertaking
No

Company

TARIC
additional
code

144

145

146

147

148

151

154

155

156

157

158

160

161

162

164

165

167

172

174

175

176

178

180

182

183

187

188

189

190

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

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

8254

8256

8257

8258

8259

8262

8265

8266

8267

8268

8269

8271

8272

8273

8275

8276

8278

8283

8285

8286

8287

8289

8294

8298

8317

8321

8322

8323

8324