Notice of initiation of an anti-dumping proceeding concerning imports of farmed Atlantic salmon originating in Chile and the Faeroe Islands
Date: 2002-07-18
Institutions: European Commission
Subjects: Chile, Faroes, anti-dumping duty, anti-dumping legislation, fish farming, import, infringement procedure (EU), originating product, sea fish

18.7.2002

EN

Official Journal of the European Communities

C 172/11

Notice of initiation of an anti-dumping proceeding concerning imports of farmed Atlantic salmon
originating in Chile and the Faeroe Islands

(2002/C 172/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2)
(‘the Basic Regulation’),
alleging that imports of farmed Atlantic salmon, originating
in Chile and the Faeroe Islands, are being dumped and are
thereby causing material injury to the Community industry.

Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

1. Complaint

The complaint was lodged on 3 June 2002 by the European
Salmon Producers Group (‘the complainant’) on behalf of
the
producers
Community production of
in the
sense of Article 4 of the Basic Regulation.

farmed Atlantic salmon,

representing

proportion

a major

of

2. Product

The product allegedly being dumped is farmed Atlantic salmon
originating in Chile and the Faeroe Islands (‘the product
codes
concerned’),
classifiable
ex 0302 12 00,
and
ex 0304 20 13. These CN codes are only given for information.

CN
ex 0304 10 13

ex 0303 22 00,

currently

within

3. Allegation of dumping

The allegation of dumping for Chile and the Faeroe Islands is
based, in the absence of sufficient sales in the ordinary course
trade in the domestic market, on a comparison of a
of
constructed normal value with the export prices of
the
product concerned to the Community.

On this basis, the dumping margins calculated are significant
for both Chile and the Faeroe Islands.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Chile and the Faeroe Islands have
increased overall
in absolute terms and in terms of market
share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the prices that could be charged by the
Community industry, resulting in a substantial adverse effects
on the overall performance and the financial situation of the
Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product
concerned originating in Chile and the Faeroe Islands is
being dumped and whether this dumping has caused
injury.

(a) Sampling

the apparent

large number of parties
In view of
the Commission may
involved in this proceeding,
decide to apply sampling in accordance with Article
17 of the Basic Regulation.

(i) Sampling for exporters, producers and exporting

producers in Chile and the Faeroe Islands

if so,

In order to enable the Commission to decide
to
sampling is necessary and,
whether
select a sample, all exporters, producers and
exporting producers, or representatives acting on
their behalf, are hereby requested to make them-
selves known by contacting the Commission and
providing the following information on their
company or companies within the time limit set
in point 6(b)(i) of this notice:

— name, address, e-mail address, telephone, and
fax, and/or telex numbers and contact person,

— 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,

— whether the company intends to claim for an
individual margin (individual margins can only
be claimed by producers), the turnover in local
currency and the sales volume in kilograms
for the product concerned on the domestic
market during the period 1 July 2001 to 31
December 2001,

— the precise activities of

regard to the production of
concerned,

the company with
the product

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EN

Official Journal of the European Communities

18.7.2002

companies (3)

— the names and the precise activities of all
the
and/or
the

related
production, purchasing, processing
selling
product concerned,

domestic) of

involved

(export

and/or

in

— any other relevant

information that would
assist the Commission in the selection of the
sample,

the company or
— an indication of whether
companies agree to their
inclusion in the
sample, which implies replying to a ques-
tionnaire and accepting an on-the-spot inves-
tigation of their response.

In order
to obtain the information it deems
the sample of
the selection of
necessary for
exporters, producers and exporting producers,
the Commission will,
the
authorities of both Chile and the Faeroe Islands,
exporters,
known associations of
and
producers and exporting producers.

in addition, contact

any

(ii) Sampling for importers

if so,

In order to enable the Commission to decide
whether
to
sampling is necessary and,
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 6(b)(ii) of this notice:

— name, address, e-mail address, telephone, and
fax, and/or telex numbers and contact person,

— the total turnover in euro of the company
during the period 1 July 2001 to 31
December 2001,

— the total number of employees,

— the precise activities of

the company with

regard to the product concerned,

— the volume in kilograms and value in euro of
imports
in the
into and resales made
Community market during the period 1 July
2001 to 31 December 2001of the imported
product concerned originating in Chile and
the Faeroe Islands,

— the names and the precise activities of all
the

companies (3)

involved

related

in

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

production, processing, purchasing
selling of the product concerned,

and/or

— any other relevant

information that would
assist the Commission in the selection of the
sample,

the company or
— an indication of whether
companies agree to their
inclusion in the
sample, which implies replying to a ques-
tionnaire and accepting an on-the-spot inves-
tigation of their response.

In order
the selection of
necessary for
importers,
the Commission will,
contact any known associations of importers.

to obtain the information it deems
the sample of
in addition,

(iii) Sampling for Community producers

the large number of Community
In view of
producers
the
supporting
Commission intends to investigate injury to the
Community industry by applying sampling.

complaint,

the

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 investigated within the time available.

selection of
the

In order to obtain the information necessary for
the
sample of Community
contact
producers,
associations of Community producers and/or indi-
vidual Community producers.

the
Commission will

(iv) Final selection of the samples

interested parties wishing to submit any
All
relevant
information regarding the selection of
the sample must do so within the time limit set
in point 6(b)(ii) of this notice.

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

to make

the

Companies included in the samples must reply to
a questionnaire within the time limit set in point
6(b)(iii) of this notice and must cooperate within
the framework of the investigation.

If sufficient cooperation is not forthcoming, the
Commission will base its findings, in accordance
with Articles 17(4) and 18 of the Basic Regu-
lation, on the facts available.

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Official Journal of the European Communities

C 172/13

(b) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send ques-
tionnaires to the sampled Community industry and to
any association of producers in the Community, to the
sampled exporters, producers and exporting producers
in Chile and the Faeroe Islands and to associations of
exporters, producers and exporting producers, to the
sampled importers and to any association of importers
named in the complaint, and to the authorities of both
Chile and the Faeroe Islands.

Exporters, producers and exporting producers in Chile
and the Faeroe Islands claiming an individual margin,
with a view to the application of Articles 17(3) and
9(6) of the Basic Regulation, must submit a completed
questionnaire within the time limit set in point 6(a)(ii)
of this notice. They therefore have to request a ques-
tionnaire within the time limit set in point 6(a)(i) of
this notice. However, such parties should be aware
if sampling is applied to exporters, producers
that
the Commission may
and exporting producers,
to calculate an individual
nonetheless decide not
margin for
exporters,
the number of
producers and exporting producers is so large that
individual examination would be unduly burdensome
and would prevent the timely completion of the inves-
tigation.

them,

if

(c) Collection of information and holding of hearings

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

the Commission may hear

Furthermore,
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 6(a)(iii) of this notice.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the Basic Regulation and
in the event that the allegations of dumping and injury
caused thereby are substantiated, a decision will be
reached as to whether the adoption of anti-dumping
measures would not be against the Community interest.
For this reason the Community industry, importers, their
associations,
representative
and
representative
consumer organisations, provided that
representative
they prove that there is an objective link between their
activity and the product concerned, may, within the
general
in point 6(a)(ii) of this notice,
make themselves known and provide the Commission
with information. The parties which have acted in

time limits set

users

conformity with the precedent sentence may request a
hearing setting the particular reasons why they should
be heard within the time limit set in point 6(a)(iii) of
this notice.
It should be noted that any information
submitted pursuant to Article 21 will only be taken into
account if supported by factual evidence at the time of
submission.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties should request a questionnaire as
soon as possible, but not later than 15 days after the
publication of this notice in the Official Journal of the
European Communities.

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

tionnaire replies and any other information

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission,
present their views and submit questionnaire replies
or any other information within 40 days of the date
of publication of this notice in the Official Journal of the
European Communities, unless otherwise
specified.
Attention is drawn to the fact that the exercise of
most procedural rights set out in the Basic Regulation
depends on the party's making itself known within the
aforementioned period.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 6(b)(iii) of this notice.

(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

(i) The information specified in point 5(1)(a)(i) should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of the
the Commission
European Communities, given that
concerned that have
intends
expressed their willingness
to be included in the
sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

to consult parties

(ii) All other information relevant for the selection of the
sample as referred to in 5(1)(a)(ii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

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Official Journal of the European Communities

18.7.2002

(iii) 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.

7. 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
Office J-79 — 05/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the Basic Regulation, on the basis of the
facts available.

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.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 7(1) of the Basic Regulation,
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Communities.