Council Regulation (EC) No 1895/1999 of 27 August 1999 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 1999-08-27
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, import, originating product, sea fish

3. 9. 1999

EN

Official Journal of the European Communities

L 233/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1895/1999

of 27 August 1999

amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties
on imports of farmed Atlantic salmon originating in Norway

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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 not members of the European Community (1), and in
particular Articles 8(9) and 9 thereof,

Having regard to Council Regulation (EC) No 2026/97 of 6
October 1997 on protection against subsidised imports from
countries not members of the European Community (2), and in
particular Articles 13(9) and 15 thereof,

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PROVISIONAL DUTIES

(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 Commu-
nities (3),
by Decision
97/634/EC (4), undertaking offered by the Kingdom of
Norway and by 190 Norwegian exporters.

the Commission accepted,

(2)

The text of the undertakings provides that failure to
submit a quaterly report of all sales transactions to the
first unrelated customer in the Community within a
prescribed time limit except in the case of force majeure
would be construed as a violation of the undertaking, as
would non-compliance with the obligation to sell the
product concerned on the Community market at or
above the minimum prices foreseen in the undertaking.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

(2) OJ L 288, 21.10.1997, p. 1.
(3) OJ C 253, 31.8.1996, p. 18, and OJ C 253, 31.8.1996, p. 20.
(4) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Regula-

tion (EC) No 2249/98 (OJ L 282, 20.10.1998, p. 57).

For the third quarter of 1998, one Norwegian company
did not present a report within the prescribed time limit,
another Norwegian exporter appeared to have sold the
product concerned to the Community market at a price
which was below the price envisaged in its undertaking.
Two other exporters appeared to have made misleading
declarations as to the identity of the exporter and the
identity and nature of the sales reported.

(4)

The Commission therefore had reason to believe that
these four companies had breached the terms of their
undertakings and consequently, by Regulation (EC) No
929/1999 (5), (hereinafter referred to as the ‘provisional
duty Regulation’),
imposed provisional anti-dumping
and countervailing duties on imports of farmed Atlantic
ex 0302 12 00,
Salmon falling within CN codes
ex 0304 10 13, ex 0303 22 00 and ex 0304 20 13
originating in Norway and exported by the four com-
panies listed in Annex II to that Regulation. By the same
the Commission deleted the companies
Regulation,
concerned from the Annex to Decision 97/634/EC,
which listed the companies from which undertaking
were accepted.

B. SUBSEQUENT PROCEDURE

(5)

All four 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.

(6) Within the time limit set in the provisional duty Regula-
tion, all the Norwegian companies concerned submitted
comments in writing and one request a hearing, which
was granted. Following these submissions, the Commis-
sion sought and examined all
information it deemed
necessary for the purpose of a definitive determination
on the apparent violations.

(5) OJ L 115, 4.5.1999, p. 13.

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Official Journal of the European Communities

3. 9. 1999

(7)

In this regard the Commission's investigation established
that one of the companies against which provisional
measures had been imposed had not violated its under-
taking and that it should be reinstated on the list of
companies benefiting from an exemption to the anti-
dumping and countervailing measures. The exporter was
informed of the essential facts and considerations on the
basis of which it was intended to reinstate the Commis-
sion's acceptance of its undertaking.

As concerns the other three companies subject to provi-
sional measures, they were informed the essential facts
and considerations on the basis of which it was intended
to confirm the withdrawal of the Commission's accep-
tance of their undertaking and to recommend the impo-
sition of definitive anti-dumping and countervailing
duties and the definitive collection of
the amounts
secured by way of provisional duties. They were also
granted a period within which make representations
subsequent to this disclosure.

The Commission's findings in this respect are set out
more fully in Regulation (EC) No 1826/1999 (1).

the comments

None of
submitted, however, have
changed the conclusion that definitive anti-dumping and
countervailing duties should be imposed on imports of
farmed Atlantic salmon originating in Norway and
exported by the three companies listed in Annex I to
this Regulation.

C. DEFINITIVE DUTIES

The investigations which led to the undertakings were
concluded by a final determination as to dumping and
injury by Regulation (EC) No 1890/97 (2), and a final
determination as to subsidisation and injury by Regula-
tion (EC) No 1891/97 (3). While both these Regulations
were repealed by Regulation (EC) No 772/1999 (4), the
facts and considerations established therein remain valid
(recital 19 of Regulation (EC) No 772/1999 refers).

In accordance with Article 8(9) of Regulation (EC)
No 384/96 and Article 13(9) of Regulation (EC)
No 2067/97 respectively, the rate of the anti-dumping
duty and the countervailing duty must be established on
the basis of the facts established within the context of
the investigation which led to the undertaking. In this
regard, and in view of recital 107 of Regulation (EC) No
1890/97 and recital 149 of Regulation (EC) No 1891/
97, it is considered appropriate that the definitive anti-
dumping and countervailing duty rates be set at the

(8)

(9)

(10)

(11)

(1) OJ L 223, 24.8.1999, p. 3.
(2) OJ L 267, 30.9.1997, p. 1. Regulation as last amended by Regula-

tion (EC) No 297/99 (OJ L 37, 11.2.1999, p. 1).

(3) OJ L 267, 30.9.1997, p. 19. Regulation as last amended by Regula-

tion (EC) No 297/99.

(4) OJ L 101, 16.4.1999, p. 1.

level, and in the form imposed by Regulation (EC) No
772/1999.

D. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES

(12) A breach of undertaking has been definitively established
in relation to the three exporters which have violated
their undertakings. It is therefore considered necessary
that, in relation to these exporters, the amounts secured
by way of provisional anti-dumping and countervailing
duties be definitively collected at the level of the defin-
itive duties.

(13)

(14)

E. AMENDMENT OF THE ANNEX TO REGULATION (EC)

No 772/1999

By Regulation (EC) No 1826/1999,
the Commission
accepted undertakings from four new exporters, F.
Uhrenholt Seafood Norway AS, Mesan Seafood AS,
Polaris Seafood AS and Scanfish AS. Pursuant to Article
2 of Regulation (EC) No 772/1999, the Commission
also extended the exemption from the anti-dumping and
countervailing duties to these companies by adding their
names to the Annex to that Regulation.

The Norwegian exporters already on the list of compa-
nies from which undertakings are accepted,
informed
the Commission that their names had changed from
Herøy Filetfabrikk AS to Atlantis Filetfabrikk AS and
from SL Fjordgruppen AS to Fjord Seafood Leines AS
and requested that these changes be reflected in the list
of companies benefiting from the exemption payment of
anti-dumping and countervailing duties. The Commis-
sion has verified that there were no changes in the
for a more
corporate structures which would call
detailed examination of
these
companies maintaining their undertakings.

the appropriateness of

(15) Accordingly,

in view of all the above, the Annex to
Regulation (EC) No 772/1999 exempting parties listed
therein from the duty, should be amended so as the
exemption, from the companies listed in Annex I hereto.
The Annex should also be updated to take account
of
exemption extended by Regulation (EC)
No 1826/1999 to F. Uhrenholt Seafood Norway AS,
Mesan Seafood AS, Polaris Seafood and Scanfish AS, and
of the changes of name of Herøy Filetfabrikk to Atlantis
Filetfabrikk AS and of SL Fjordgruppen AS to Fjord
Seafood Leines AS,

the

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 772/1999 is hereby replaced
by the text in Annex II hereto.

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Official Journal of the European Communities

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Article 2

ex 0302 12 00

The amounts secured by way of the provisional anti-dumping and countervailing duties imposed by
Regulation (EC) No 929/1999 in relation to farmed (other than wild) Atlantic salmon falling within CN
codes
and
0302 12 00*21,
0302 12 00*29), ex 0303 22 00 (TARIC codes: 0303 22 00*21, 0303 22 00*22, 0303 22 00*23 and
0303 22 00*29), ex 0304 10 13 (TARIC codes: 0304 10 13*21 and 0304 10 13*29) and ex 0304 20 13
(TARIC codes: 0304 20 13*21 and 0304 20 13*29) originating in Norway and exported by the companies
listed in Annex I to this Regulation shall be definitively collected.

0302 12 00*22,

0302 12 00*23

(TARIC

codes:

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

Article 3

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

Done at Brussels, 27 August 1999.

For the Council

The President

T. HALONEN

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Official Journal of the European Communities

3. 9. 1999

LIST OF COMPANIES SUBJECT TO DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES

ANNEX I

UT number

Company name

14

28

99

Arne Mathisen A/S

Brødrene Eilertsen A/S

Myre Sjømat AS

TARIC
additional
code

8112

8126

8203

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ANNEX II

‘ANNEX

LIST OF COMPANIES EXEMPTED FROM THE DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES

UT Number

Company name

TARIC
additional code

3

7

8

11

13

15

16

17

20

21

22

23

24

26

27

31

32

33

35

36

39

41

42

43

44

46

47

48

50

51

52

53

Agnefest Seafood

Aqua Export A/S

Aqual Partner A/S

Arctic Group International

Arctic Superior 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

Christiansen Partner A/S

Clipper Seafood A/S

Coast Seafood A/S

Dafjord Laks A/S

Delfa Norge A/S

Domstein Salmon A/S

Ecco Fisk & Delikatesse

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

8325

8100

8101

8109

8111

8113

8114

8115

8118

8119

8120

8121

8122

8124

8125

8129

8130

8131

8133

8134

8136

8138

8139

8140

8141

8143

8144

8145

8147

8148

8149

8150

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3. 9. 1999

UT Number

Company name

TARIC
additional code

58

60

61

62

66

67

72

75

76

77

79

80

82

83

85

87

92

93

96

98

100

101

104

105

107

108

111

112

113

114

115

116

119

120

121

122

123

124

126

Grieg Seafood AS

Haafa fisk AS

Hallvard Lerøy AS

Atlantis Filetfabrikk AS

Hydro Seafood Norway AS

Hydrotech-gruppen AS

Inter Sea AS

Janas AS

Joh. H. Pettersen AS

Johan J. Helland AS

Karsten J. Ellingsen AS

Kr Kleiven & Co. AS

Labeyrie Norge AS

Lafjord Group AS

Leica Fiskeprodukter

Lofoten Seafood Export AS

Marine Seafood AS

Marstein Seafood AS

Memo Food AS

Misundfisk AS

Naco Trading AS

Namdal Salmon AS

Nergård 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

Norway Seafoods ASA

8300

8302

8303

8304

8159

8428

8174

8177

8178

8179

8181

8182

8184

8185

8187

8188

8196

8197

8200

8202

8206

8207

8210

8211

8213

8214

8217

8218

8223

8227

8228

8229

8232

8233

8307

8308

8309

8312

8314

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UT Number

Company name

TARIC
additional code

128

130

134

137

140

141

142

144

145

146

147

148

151

153

154

155

156

157

158

160

161

162

164

165

167

168

172

174

175

176

178

180

182

183

187

188

189

190

191

192

193

194

195

196

Norwell AS

Nova Sea AS

OK-Fish Kvalheim AS

Pan Fish Sales AS

Polar Seafood Norway AS

Prilam Norvège AS

Pundslett Fisk

Rolf Olsen Seafood AS

Ryfisk AS

Rørvik Fisk- og fiskematforretning AS

Saga Lax Norge AS

Prima Nor AS

Sangoltgruppa AS

Scanfood 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

Fjord Seafood Leines AS

SMP Marine Produkter 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

Nor-Fa Food AS

Westmarine AS

F. Uhrenholt Seafood Norway AS

Mesan Seafood AS

Polaris Seafood AS

Scanfish AS

8316

8235

8239

8242

8247

8248

8251

8254

8256

8257

8258

8259

8262

8264

8265

8266

8267

8268

8269

8271

8272

8273

8275

8276

8278

8279

8283

8285

8286

8287

8289

8294

8298

8317

8321

8322

8323

8324

8102

8625

A033

A034

A035

A036’