Notice of initiation of an anti-dumping proceeding concerning imports of large rainbow trout originating in Norway and the Faeroe Islands
Date: 2002-12-19
Institutions: European Commission
Subjects: Faroes, Norway, anti-dumping legislation, freshwater fish, import, originating product

C 318/2

EN

Official Journal of the European Communities

19.12.2002

Notice of initiation of an anti-dumping proceeding concerning imports of large rainbow trout
originating in Norway and the Faeroe Islands

(2002/C 318/02)

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 1972/2002 (2)
(‘the basic Regulation’),
alleging that imports of large rainbow trout, originating in
Norway and the Faeroe Islands, are being dumped and are
thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 7 November 2002 by the
Finnish Fish Farmers Association and the Åland Islands' Fish
Farmers Association (‘the complainant’) on behalf of producers
representing a major proportion, in this case more than 30% of
the total Community production of large rainbow trout.

2. Product

fresh,

chilled or

The product allegedly being dumped is large rainbow trout
(Oncorhynchus mykiss) whether
frozen,
whether in the form of whole fish (gutted, head on weighing
more than 1,2 kg or gutted, head off weighing more than
1 kg) or in the form of fillets (weighing over 0,4 kg) orig-
(‘the product
inating in Norway and the Faeroe Islands
codes
concerned’),
within
ex 0302 11 90,
and
ex 0304 20 11. As from 1 January 2003 these codes will
change
and
0304 20 15 (3). These CN codes are given only for information.

CN
ex 0304 10 11

ex 0303 21 90,

0302 11 20,

0303 21 20,

0304 10 15

classifiable

currently

to

3. Allegation of dumping

The allegation of dumping for Norway and the Faeroe Islands
is based on a comparison of a 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 Norway and the Faeroe Islands.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Norway 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 market share held and the level of
prices charged by the Community industry,
resulting in
substantial adverse effects on the overall performance and the
financial situation of the Community industry.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 290, 28.10.2002, p. 1.

5. Procedure

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

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in Norway and the Faeroe Islands is
being dumped and whether this dumping has caused injury.

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 17 of the basic Regu-
lation.

(i) Sampling for exporters/producers in Norway and the

Faeroe Islands

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

— name,

address,

e-mail
and/or telex numbers, and contact person,

address,

telephone,

fax

(whole

— the turnover in local currency and the volume in
the product
fish equivalents) of
kg
concerned sold for export
to the Community
during the period 1 October 2001 to 30
September 2002,

— whether the company intends to claim an indi-
vidual margin (individual margins can only be
claimed by exporting producers),

— the turnover in local currency and the sales volume
in kg (whole fish equivalents)
for the product
concerned on the domestic market during the
period 1 October 2001 to 30 September 2002,

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Official Journal of the European Communities

C 318/3

the company is

the product concerned,

— the precise activities of the company with regard to
i.e.
the production of
(i) a producer not
whether
directly exporting to the Community,
(ii) an
exporter to the Community but not a producer
or (iii) an ‘exporting producer’ both producing
and selling for export to the Community,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (4)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
orities of both Norway and the Faeroe Islands and
any known associations of exporters/producers.

(ii) Sampling for importers

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 paragraph 6(b)(i) of this notice:

— name,

address,

e-mail
and/or telex numbers, and contact person,

address,

telephone,

fax

— the total turnover in euro of the company during
the period 1 October 2001 to 30 September 2002,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in kg (whole fish equivalents) and value
in euro of imports into and resales made in the
Community market during the period 1 October
2001 to 30 September 2002 of
the imported
product concerned originating in Norway and the
Faeroe Islands,

— the names and the precise activities of all related
involved in the production and/or

companies (4)
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

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

the sample of

importers,

(iii) Sampling for Community producers

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

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 make
themselves known to the Commission and to provide
the
company or
following information on their
companies within the time limit set
in paragraph
6(b)(i) of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in local currency of the company
during the period 1 October 2001 to 30 September
2002,

— the precise activities of the company with regard to

the production of the product concerned,

— the value in local currency of sales of the product
concerned made in the Community market during
the period 1 October 2001 to 30 September 2002,

(4) 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).

— the volume in kg (whole fish equivalents) of sales of
the product concerned made in the Community
market during the period 1 October 2001 to 30
September 2002,

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Official Journal of the European Communities

19.12.2002

— the volume in kg of the production of the product
concerned during the period 1 October 2001 to 30
September 2002,

— the names, addresses and the precise activities of all
related companies (4)
involved in the production
and/or
the
product concerned in the Community, Norway
and/or the Faeroe Islands,

selling (export and/or domestic) of

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

In order to obtain the information necessary for the
selection of the sample of Community producers, the
in addition, contact any known
Commission will,
associations of Community producers.

(iv) Final selection of the samples

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

application of Article 17(3) and Article 9(6) of the basic
Regulation, must submit a completed questionnaire within
the time limit set in paragraph 6(a)(ii) of this notice. They
therefore have to request a questionnaire within the time
limit set in paragraph 6(a)(i) of this notice. However, such
parties should be aware that
if sampling is applied to
exporters/producers,
the Commission may nonetheless
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

(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 has to reach the Commission within
the time limit set in paragraph 6(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 paragraph 6(a)(iii)
of this notice.

5.2. Procedure for assessment of Community interest

samples

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

after having

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

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Article 17(4) and Article 18 of the basic Regulation, on
the facts available.

forthcoming,

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the sampled Community industry and to any association of
producers in the Community, to the sampled exporters/
to any
producers
association
sampled
importers, to any association of importers named in the
complaint, and to the authorities of Norway and the
Faeroe Islands.

in Norway and the Faeroe Islands,

exporters/producers,

the

to

of

Exporters/producers in Norway and the Faeroe Islands
claiming an individual margin, with a view to the

this

their

industry,

they prove that

link between their

the Community interest. For

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
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
objective
and the product
in
concerned, may, within the general
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. The parties which
have acted in conformity with the precedent sentence may
request a hearing setting the particular reasons why they
should be heard within the time limit set
in paragraph
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

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.

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

7. Written submissions, questionnaire replies and corre-

tionnaire replies and any other information

spondence

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
specified.
European Communities, unless otherwise
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
paragraph 6(b)(ii) of this notice.

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
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. 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

All
information relevant for the selection of the samples
should reach the Commission by 9 January 2003 given
that the Commission intends to consult parties concerned
that have expressed their willingness to be included in the
sample on its final selection shortly thereafter.

The questionnaire replies from sampled parties must reach
the Commission within 37 days from the date of the notifi-
cation of their inclusion in the sample.

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.