Commission Regulation (EC) No 2592/1999 of 8 December 1999 amending Regulation (EC) No 1826/1999 amending Regulation (EC) No 929/1999 imposing provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters, imposing provisional anti-dumping and countervailing duties on imports of such salmon with regard to certain exporters, amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of such salmon and amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of such salmon
Date: 1999-12-08
Institutions: European Commission
Subjects: Norway, anti-dumping duty, export subsidy, import, monetary compensatory amount, sea fish

9. 12. 1999

EN

Official Journal of the European Communities

L 315/17

COMMISSION REGULATION (EC) No 2592/1999

of 8 December 1999

amending Regulation (EC) No 1826/1999 amending Regulation (EC) No 929/1999 imposing provi-
sional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in
Norway with regard to certain exporters, imposing provisional anti-dumping and countervailing
duties on imports of such salmon with regard to certain exporters, amending Decision 97/634/EC
accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings
concerning imports of such salmon and amending Council Regulation (EC) No 772/1999 imposing
definitive anti-dumping and countervailing duties on imports of such salmon

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 not members of the European Community (1), as last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 8 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 (3), and in
particular Article 13 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(A) PREVIOUS PROCEDURE

On 31 August 1996, the Commission announced, by
two separate notices published in the Official Journal of
the European Communities,
the initiation of an anti-
dumping proceeding (4) as well as an anti-subsidy
proceedings (5) in respect of imports of farmed Atlantic
salmon originating in Norway.

The Commission sought and verified all
information
that it deemed necessary for the purpose of its definitive
findings. As a result of this examination, it was estab-
lished that definitive anti-dumping and countervailing
measures should be adopted in order to eliminate the
injurious effects of dumping and subsidisation. All inter-
ested parties were informed of the results of the invest-
igation and were given the opportunity to comment
thereon.

On 26 September 1997,
the Commission adopted
Decision 97/634/EC (6), as last amended by Regulation
(EC) No 1826/1999 (7), accepting undertakings offered
in connection with the two abovementioned proceed-
ings from the exporters listed 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 223, 24.8.1999, p. 3.

and (EC) No 1891/97 (10),

On the same day, the Council, by Regulations (EC) No
1890/97 (8), as last amended by Regulation (EC) No
1895/1999 (9),
last
amended by Regulation (EC) No 1895/1999, imposed
anti-dumping and countervailing duties 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 those Regula-
tions.

as

(5)

(6)

(7)

The abovementioned Regulations set out the definitive
findings and conclusions on all aspects of the investiga-
tions. The form of the duties having been reviewed,
(EC) No 1890/97 and 1891/97 were
Regulations
replaced by Council Regulation (EC) No 772/1999 (11),
as last amended by Regulation (EC) No 1826/1999.

(B) PROVISIONAL MEASURES IMPOSED BY REGULA-

TION (EC) No 1826/1999 (recital 31 et seq.)

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, as
would non-compliance with the obligation to sell the
different presentations of the product concerned (i.e.
gutted, head-on,etc.) on the Community market at prices
which are not below the minimum import prices fore-
seen in the undertaking.

For the first quarter of 1999, two Norwegian companies,
Vie de France Norway AS and Janas AS either failed to
present a report within the prescribed time limit or
appeared to have sold the product concerned to the
Community market at prices which were below the
prices foreseen in its undertaking. For the fourth quarter
of 1998, the Commission also had reason to believe that
another Norwegian exporter, Norfra Eksport AS had
sold the product concerned to the Community market at
prices which were below the prices foreseen in its under-
taking.

(8) OJ L 267, 30.9.1997, p. 1.
(9) OJ L 233, 3.9.1999, p. 1.
(10) OJ L 267, 30.9.1997, p. 19.
(11) OJ L 101, 16.4.1999, p. 1.

L 315/18

EN

Official Journal of the European Communities

9. 12. 1999

(8)

(9)

As these three companies appeared to have breached the
terms of their undertakings, the Commission, by Regula-
tion (EC) No 1826/1999, consequently imposed provi-
sional
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 companies.

By the same Regulation (hereinafter referred to as ‘the
provisional duty Regulation’), the Commission deleted
the names of the three exporters concerned from the
Annex to Decision 97/634/EC, which lists the parties
from which undertakings are accepted.

(C) PROCEDURE FOLLOWING IMPOSITION OF PROVI-

SIONAL DUTIES

(10) All three Norwegian companies subject to the provi-
sional 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.

all of

the Norwegian companies

(11) Within the time limit set in the provisional duty Regula-
tion,
concerned
submitted comments in writing. Following receipt of
these written submissions, the Commission sought and
examined all
information it deemed necessary for the
purpose of a definitive determination on the apparent
violations. Of the three companies subject to the provi-
sional measures, one requested, and was granted, a
hearing.

(12)

The oral and written comments submitted by the inter-
ested parties were considered and, where appropriate,
the definitive findings have been changed accordingly.

(D) DEFINITIVE FINDINGS — REPEAL OF PROVISIONAL

DUTIES FOR TWO COMPANIES

(13)

(14)

In the submissions made subsequent to the imposition
of the provisional duties, further arguments and explana-
tions were put forward by Norfra Eksport AS and Janas
AS that the text of the undertaking was ambiguous
concerning the requirement to report the average price
of each presentation of salmon separately and that this
ambiguity gave rise to the misinterpretation by the two
companies that they could compensate sales below the
minimum price in one presentation with sales above the
minimum price in another.

In addition, it was argued that the clarification letter sent
out by the Commission in May 1998 to Norwegian
exporters contained a large number of points, only one
of which expressly related to question of whether the
minimum prices have to be respected by presentation.
Moreover, this letter was sent by the Commission to the
Norwegian Seafood Export Council (hereinafter referred
to all
to ‘the NSEC’) requesting them to forward it

Norwegian exporters with undertakings. In this regard,
evidence was provided which showed that the NSEC is
continuously sending circulars concerning salmon and
that the Commission's letter, reproduced and sent in
May 1998 as NSEC circular number 89 of that year, did
the instructions
not make the official character of
entirely clear to the companies concerned.

(15) One of

the companies concerned reiterated that

the
error of not respecting the average price by presentation
during the third quarter of 1997 should have been
pointed out to it at that time and that the absence of any
reaction on the part of the Commission had been taken
to mean that
sales were fully in
conformity with the undertaking.

the company's

(16) Having heard all the additional arguments put forward
by the two companies in this matter and after re-exam-
ining the issue, the Commission acknowledges that a
certain ambiguity may have persisted which explains the
erroneous interpretation of the terms of the undertaking
made by the two companies.

(17) Accordingly, as it could not be established that the two
companies have violated their undertakings,
is
concluded that Regulation (EC) No 1826/1999 should
be repealed in so far as Janas AS and Norfra Eksport AS
are concerned and any provisional duties collected
should be released.

it

(18)

(19)

(20)

(21)

(E) DEFINITIVE FINDINGS — VIOLATION OF

ITS

UNDERTAKING BY ONE COMPANY

It should first be recalled that, before imposing provi-
sional duties by Regulation (EC) No 1826/1999, the
Commission had already requested Vie de France
Norway AS to send its outstanding report and to
demonstrate the reasons why it had not been sent in
time. However, the company did not react at that stage.

Following the imposition of duties against it by the
provisional duty Regulation. Vie de France Norway AS
contacted the Commission stating that it had changed its
name to Cuisine Solutions Norway AS and that the
company only exports products outside the scope of the
anti-dumping/countervailing measures.

The company also stated in mitigation that it did not
realise that it had to send quarterly sales reports to the
Commission even if it had no sales to the European
Union of the product subject to the anti-dumping and
countervailing measures.

In this regard, it should be recalled that a letter was sent
by fax and registered mail on 30 March 1998 directly by
the Commission to all exporters with undertakings
(including Vie de France Norway AS) clearly mentioning
the time limits for the submission of
‘all quarterly
reports, whether positive or negative’. The argument of
the company on this
therefore, be
accepted.

issue cannot,

9. 12. 1999

EN

Official Journal of the European Communities

L 315/19

(22) As no evidence of force majeure was presented which
showed that Vie de France Norway AS was prevented
from fulfilling its
reasons
beyond its control for the first quarter of 1999, it is
definitively concluded that the company has breached its
undertaking and that acceptance thereof by the Commis-
sion should be withdrawn and definitive duties imposed.

reporting obligations

for

(F) PROCEDURE CONCERNING DEFINITIVE FINDINGS

(23) All the interested parties were informed of the essential
facts and considerations on the basis of which it was
intended to either repeal the provisional duties imposed
against them and reinstate them on the list of parties
from which undertakings are accepted, or confirm the
withdrawal of
their
undertaking and to recommend the imposition of defin-
itive anti-dumping and countervailing duties and the
definitive collection of the amounts secured by way of
provisional duties. The companies were also granted a
period within which to make representations subsequent
to this disclosure. Comments received were taken into
account where appropriate.

the Commission's acceptance of

(24)

In parallel to this Regulation, the Commission is submit-
ting a proposal for a Council Regulation imposing defin-
itive anti-dumping and countervailing duties on farmed
Atlantic salmon originating in Norway and exported by
the one company which remains subject to the provi-
sional duty imposed by Regulation (EC) No 1826/1999,
namely Vie de France Norway AS.

(G) NEW EXPORTERS

(27)

(28)

(29)

The undertakings offered are identical in terms to those
previously offered by other Norwegian companies
exporting farmed Atlantic salmon originating in Norway
and it is considered that acceptance of such undertakings
from these exporters will be sufficient to remove the
effects of injurious dumping and subsidisation.

Since the exporters have offered to provide the Commis-
sion with regular and detailed information on their
the
exports to the Community,
undertakings can be monitored effectively by the
Commission.

is concluded that

it

The undertakings offered by these companies are there-
fore considered acceptable. The companies have been
informed of the essential facts and considerations upon
which acceptance of
the undertaking is based. The
Advisory Committee was consulted and has raised no
objections. Pursuant, therefore, to Article 2 of Regula-
tion (EC) No 772/1999, the Annex to that Regulation
should be amended so as to grant exemption from
payment of anti-dumping and countervailing duties to
these companies.

(H) AMENDMENT OF THE ANNEX TO DECISION 97/

634/EC

(30)

The Annex to Decision 97/634/EC accepting undertak-
ings 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 Janas AS and Norfra Eksport AS in respect of which
the provisional duties should be repealed, and also of the
undertakings accepted from Normarine AS and Oskar
Einar Rydbeck.

(31)

For the sake of clarity, an updated version of this Annex
should be published herewith, showing the exporters
whose undertakings remain in force,

(25)

(26)

Following the imposition of definitive anti-dumping and
countervailing duties, several Norwegian companies have
made themselves known to the Commission claiming to
be new exporters and have offered undertakings.

HAS ADOPTED THIS REGULATION:

In this regard, two such exporters, Normarine AS and
Oskar Einar Rydbeck demonstrated that they had not
exported the product concerned to the Community
during the investigation period which led to the current
antidumping and countervailing duties (hereinafter ‘the
original investigation period’). These parties also showed
that they were not related to any of the companies in
Norway which are subject
to the anti-dumping and
countervailing duties. Finally, evidence was provided that
they had either exported the product concerned to the
Community after the original
investigation period, or
had entered into an irrevocable contractual obligation to
export a significant amount of the product concerned to
the Community.

Article 1

1.
The provisional anti-dumping and countervailing duties
imposed against Janas AS (UT No 75, TARIC additional code
8177) and Norfra Eksport AS (UT No 116, TARIC additional
code 8229) by Regulation (EC) No 1826/1999 in relation to
farmed (other than wild) Atlantic salmon originating in Norway
falling
(Taric
codes
codes 0302 12 00*21, 0302 12 00*22, 0302 12 00*23 and
0302 12 00*29), ex 0303 22 00 (TARIC codes 0303 22 00*21,
and
0303 22 00*22, 0303 22 00*23 and 0303 22 00*29)
and
ex 0304 10 13
0304 10 13*29)
codes
0304 20 13*21 and 0304 20 13*29), are hereby repealed.

0304 10 13*21

(TARIC
and

ex 0302 12 00

ex 0304 20 13

(TARIC

within

codes

CN

L 315/20

EN

Official Journal of the European Communities

9. 12. 1999

Annex II to Regulation (EC) No 1826/1999 is hereby

2.
replaced by Annex I to the present Regulation.

3.
Any amounts secured by way of the provisional anti-
dumping and countervailing duties imposed by Commission
Regulation (EC) No 929/1999 (1) relating to Janas AS or Norfra
Eksport AS shall be released.

Article 2

UT No

Company name

TARIC additional
code

197

198

Normarine AS

Oskar Einar Rydbeck

A049

A050

Article 3

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

Article 4

The following exporters shall be added to the Annex to Regula-
tion (EC) No 772/1999 listing the companies exempted from
the definitive anti-dumping and countervailing duties.

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

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

Done at Brussels, 8 December 1999.

For the Commission

Pascal LAMY

Member of the Commission

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

9. 12. 1999

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Official Journal of the European Communities

L 315/21

ANNEX I

‘ANNEX II

Company subject to provisional anti-dumping and countervailing duties by Regulation (EC) No 1826/1999

UT No

187

Company name

Taric additional code

Vie de France Norway AS

8321’

L 315/22

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Official Journal of the European Communities

9. 12. 1999

ANNEX II

‘ANNEX

List of the 116 companies from which undertakings are accepted, as of 10 December 1999

UT No

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

Agnefest Seafood

Aqua Export A/S

Aqua Partner A/S

Arctic Group International

Artic 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 Strada 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

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

9. 12. 1999

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Official Journal of the European Communities

L 315/23

UT No

Company name

TARIC additional Code

51

52

53

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

Fresh Atlantic AS

Fresh Marine Company AS

Fryseriet AS

Grieg Seafood

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

8148

8149

8150

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

L 315/24

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Official Journal of the European Communities

9. 12. 1999

UT No

Company name

TARIC additional Code

115

116

119

120

121

122

123

124

126

128

130

134

137

140

141

142

144

145

146

147

148

151

153

154

155

156

157

158

160

161

162

164

165

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

Norwell AS

Nova Sea AS

Ok-Fish Kvalheim AS

Pan Fish Sales AS

Polar Seafood Norway

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

8228

8229

8232

8233

8307

8308

8309

8312

8314

8316

8235

8239

8242

8247

8248

8251

8254

8256

8257

8258

8259

8262

8264

8265

8266

8267

8268

8269

8271

8272

8273

8275

8276

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L 315/25

UT No

Company name

TARIC additional Code

167

168

172

174

175

176

178

180

182

183

188

189

190

191

192

193

194

195

196

197

198

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

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

Normarine AS

Oskar Einar Rydbeck

8278

8279

8283

8285

8286

8287

8289

8294

8298

8317

8322

8323

8324

8102

8625

A033

A034

A035

A036

A049

A050’