Notice of initiation of an interim review of the antidumping and countervailing measures applicable to imports of farmed Atlantic salmon originating in Norway
Date: 2002-02-28
Institutions: European Commission
Subjects: Norway, anti-dumping duty, countervailing charge, fish, fish farming, import

C 53/10

EN

Official Journal of the European Communities

28.2.2002

Notice of

initiation of an interim review of the antidumping and countervailing measures

applicable to imports of farmed Atlantic salmon originating in Norway

(2002/C 53/06)

The Commission has decided on its own initiative to initiate an
interim review pursuant to Article 11(3) of Council Regulation
(EC) No 384/96 (1), as last amended by Regulation (EC) No
2238/2000 (2) (the anti-dumping Regulation) and pursuant to
Article 19(1) of Council Regulation (EC) No 2026/97 (3) (the
anti-subsidy Regulation).

1. Product

The product under review is farmed Atlantic salmon orig-
inating in Norway ((cid:145)the product concerned(cid:146)), currently clas-
sifiable within CN codes
ex 0303 22 00,
ex 0304 10 13 and ex 0304 20 13. These CN codes are given
only for information.

ex 0302 12 00,

2. Existing measures and legal background

The measures currently in force are the following:

(cid:151) definitive anti-dumping and countervailing duties imposed
by Council Regulation (EC) No 772/1999 (4), as
last
amended by Regulation No 322/2002 (5), which following
a review repealed and replaced the anti-dumping and
countervailing duties previously imposed by Council Regu-
lations (EC) No 1890/97 (6) and (EC) No 1891/97 (7);

accepted

(cid:151) undertakings
97/634/EC (8),
2002/157/EC (9),
producers
minimum import prices.

last
as
from a

from Norway to respect,

by

amended

Commission
by
large number of

Decision
Decision
exporter/
inter alia, certain

In parallel to the abovementioned anti-dumping and counter-
vailing duties and undertaking, an agreement was
signed
between the Commission and the Norwegian government
(the so-called (cid:145)EU-Norway Salmon Agreement(cid:146)) providing for
supporting measures to be managed within the framework of
regular contacts between the signatories.

3. Grounds for the review

On the basis of the information received by the Commission
within the framework of the EU-Norway Salmon Agreement

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ L 101, 16.4.1999, p. 1.
(5) OJ L 51, 22.2.2002, p. 1.
(6) OJ L 267, 30.9.1997, p. 1.
(7) OJ L 267, 30.9.1997, p. 19.
(8) OJ L 267, 30.9.1997, p. 81.
(9) OJ L 51, 22.2.2002, p. 32.

that

there

the
and information obtained from various other sources,
Commission considers
sufficient grounds
warranting the initiation of an interim review of the existing
measures. This information shows that, given the changes in
circumstances on the basis of which measures were established,
the existing measures may no longer be achieving their
intended result.

are

It appears that the form of the measure (including the under-
takings)
is no longer appropriate to remove the injurious
effects of dumping and subsidisation given the disturbances
present in the Community market.

Furthermore, given the evidence provided by the Norwegian
available
authorities
and the
it appears
information on export prices to the Community,
that the dumping margins may have changed significantly.

concerning normal

value

The level and the form of the measures (and in particular, the
in force are underpinned by certain aspects
undertakings)
regarding subsidisation. Given the evidence available from the
Norwegian authorities concerning changes to the export tax
which is pertinent
certain
information received from Community producers indicates
that some countervailed subsidy schemes may have disap-
peared and that other countervailable programes may have
been introduced,
is considered appropriate to review in
parallel the effectiveness of the form and level of the counter-
vailing measures.

this assessment, and as

for

it

Concerning injury aspects, the available information appears to
indicate that, notwithstanding a decrease in production costs by
the Community industry, its current non-injurious target price
is higher than the resale prices of Norwegian imports, whose
volume is substantial. At the same time, there appear to have
been significant changes
in the definition of Community
regarding links of certain Community
industry, not
producers to Norwegian exporters, producers and exporting
producers. This may have an impact on the standing of
producers supporting the measures. Therefore it is considered
necessary to review the findings relating to injury in respect of
the anti-dumping and countervailing measures.

least

4. Procedure

4.1. Procedure to review dumping, subsidisation and injury

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the anti-dumping Regulation
and Article 19(1) of the anti-subsidy Regulation. The review
covers the form and level of the anti-dumping and counter-
vailing measures.

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Official Journal of the European Communities

C 53/11

(a) Sampling for investigation of dumping and subsidisation

(ii) Sampling for importers

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the anti-dumping Regu-
lation and Article 27 of the anti-subsidy Regulation.

(i) Sampling for
producers

exporters, producers

and exporting

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters, producers and exporting producers, or
representatives acting on their behalf, are hereby
requested to make themselves known by contacting
the
following
information on their company or companies within
the time limit set in paragraph 5(b)(i) of this notice:

Commission

providing

and

the

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(cid:151) the turnover in local currency and the volume in
kilograms of the product concerned sold for export
to the Community during the period 1 July 2001 to
31 December 2001,

(cid:151) whether the company intends to claim for an indi-

vidual margin,

(cid:151) the turnover in local currency and the volume in
kilograms of the product concerned sold on the
domestic market during the period 1 July 2001
to 31 December 2001,

(cid:151) the names and the precise activities of all related
production,
(export

companies (10)
purchasing, processing
and/or domestic) of the product concerned,

in
and/or

involved

selling

the

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 5(b)(i) of this notice:

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(cid:151) the total turnover in euro of the company during
the period 1 July 2001 to 31 December 2001,

(cid:151) the total number of employees,

(cid:151) the precise activities of the company with regard to

the product concerned,

(cid:151) the volume in kilograms and value in euro of
imports into and resales made in the Community
market during the period 1 July 2001 to 31
December
product
concerned originating in Norway,

imported

2001

the

of

(cid:151) the names and the precise activities of all related
production,
the

companies (11)
processing, purchasing
product concerned,

in
and/or

selling of

involved

the

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(cid:151) an indication of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

the

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(cid:151) an indication of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
their
accepting an on-the-spot
response.

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters, producers
and exporting producers,
in
addition, contact
the exporting
country, and any known associations of exporters,
producers and exporting producers.

the Commission will,

the authorities of

the selection of

In order to obtain the information it deems necessary
for
the
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(iii) Sampling for Community producers

The selection of the sample will be based on the largest
representative volume of production and sales of the
Community industry which can be reasonably inves-
tigated within the time available.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in paragraph
5(b)(i) of this notice:

(10) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

(11) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

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Official Journal of the European Communities

28.2.2002

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(cid:151) the total turnover in euro of the company during
the period 1 July 2001 to 31 December 2001,

(cid:151) the precise activities of the company with regard to

the production of the product concerned,

(cid:151) the value in euro of sales of the product concerned
made in the Community market during the period
1 July 2001 to 31 December 2001,

(cid:151) the volume in kilograms of sales of the product
concerned made in the Community market during
the period 1 July 2001 to 31 December 2001,

(cid:151) the volume in kilograms of the production of the
product concerned during the period 1 July 2001
to 31 December 2001,

(cid:151) the names and the precise activities of all related
involved in the production and/or

companies (12)
selling of the product concerned,

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample;

an indication of whether the company or companies
agree to their inclusion in the sample, which implies
replying
an
on-the-spot investigation of their response.

questionnaire

accepting

and

to

a

In order to obtain the information it deems necessary for
the selection of the sample of Community producers, the
Commission will,
known
associations of Community producers.

in addition,

contact

any

(iv) Final selection of the samples

interested parties wishing to submit any relevant
All
information regarding the selection of the sample must
do so within the time limit set in point 5(b)(i) of this
notice.

The Commission intends to make the final selection of the
samples after having consulted the parties concerned that
have expressed their willingness to be included in the
samples.

(12) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

Companies included in the samples must reply to a ques-
tionnaire within the time limit set in point 5(b)(ii) of this
notice and must cooperate within the framework of the
investigation.

is

sufficient

cooperation

the
If
not
in accordance with
Commission will base its findings,
Articles 17(4) and 18 of
the anti-dumping Regulation
and Articles 27(4) and 28 of the anti-subsidy Regulation,
on the facts available.

forthcoming,

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission may send questionnaires
to the Community industry, to any association of producers
in the Community, to the sampled exporters, producers and
in Norway to any association of
exporting producers
exporters, producers and exporting producers,
to the
importers and to any association of importers which coop-
erated in the investigation leading to the measures subject
the
to the present
exporting country concerned.

review, and to the authorities of

In any event, all parties should contact the Commission
forthwith by fax in order to find out whether they are
listed in the request and,
if necessary, request a ques-
tionnaire within the time limit set in point 5(a)(i), given
that
this notice
the time limit set
applies to all interested parties.

in point 5(a)(ii) of

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 5(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in point 5(a)(iii) of
this notice.

4.2. Procedure for the assessment of Community interest

their

industry,

importers,

In accordance with Article 21 of the anti-dumping Regulation
and Article 31 of the anti-subsidy Regulation and in order that
a decision may be reached with regard to Community interest,
representative
the Community
associations and representative users, provided that
they
prove that there is an objective link between their activity
and the product concerned may, within the general
time
this notice, make
limit set
themselves known, provide the Commission with information
should be noted that any
and request
It
information submitted pursuant
to the Articles mentioned
above will only be taken into account if supported by factual
evidence at the time of submission.

in point 5(a)(ii) and 5(a)(iii) of

for a hearing.

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Official Journal of the European Communities

C 53/13

5. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information.

by

contacting

themselves

interested parties,

All
if their representations are to
taken into account during the investigation, must
the
make
known
Commission, present
their views and submit ques-
tionnaire replies or any other information within 40
days of the date of publication of this notice in the
the European Communities, unless
Official
otherwise specified. Attention is drawn to the fact
that the exercise of most procedural rights set out in
the anti-dumping and anti-subsidy Regulations depends
on the party’s making itself known within the afore-
mentioned period.

Journal of

to consult parties

of the European Communities, given that the Commission
intends
concerned that have
expressed their willingness to be included therein on
the final selection of a sample within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

(ii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

6. Written submissions, questionnaire replies and corre-

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorates B and C
TERV 0/13
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
paragraph 5(b)(ii) of this notice.

7. Non-cooperation

(iii) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 18 of the anti-dumping Regulation and Article 28
the facts
of
available.

the anti-subsidy Regulation, on the basis of

(i) All information relevant for the selection of the samples
should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.