Notice of initiation of an anti-dumping proceeding concerning imports of farmed salmon originating in Norway
Date: 2004-10-23
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, fish farming, import (EU)

C 261/8

EN

Official Journal of the European Union

23.10.2004

Notice of

initiation of an anti-dumping proceeding concerning imports of

farmed salmon

originating in Norway

(2004/C 261/06)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1) (the basic Regu-
lation), alleging that imports of farmed salmon, originating in
Norway (the country concerned), are being dumped and are
thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 8 September 2004 by the EU
Salmon Producers Group (the complainant) on behalf of produ-
cers
the Community
production of farmed salmon.

representing a major proportion of

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 is being dumped and whether
this dumping has caused injury.

determine whether

2. Product

(a) Sampling

The product allegedly being dumped is farmed (other than
wild) salmon, whether or not filleted, fresh, chilled or frozen
originating in Norway (the product concerned), normally
declared within CN codes ex 0302 12 00, ex 0303 11 00,
ex 0303 19 00,
and
ex 0304 20 13. These CN codes are only given for informa-
tion.

ex 0303 22 00,

ex 0304 10 13

3. Allegation of dumping

The allegation of dumping for Norway is based, in the absence
of sufficient sales in the domestic market, on a comparison of a
constructed normal value with the export prices of the product
concerned to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Norway 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, in par-
ticular the financial situation of the Community industry.

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) S a mp li ng for e x p o r te r s/ p r odu c e r s i n N or w a y

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
the following information on their company or compa-
nies within the time limit set in paragraph 6(b)(i) and
in the format indicated in paragraph 7 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
kg of the product concerned sold for export to the
Community during the period 1 October 2003 to
30 September 2004,

— the turnover in local currency and the sales volume
in kg for the product concerned on the domestic
market during the period 1 October 2003 to 30
September 2004,

— whether the company intends to claim an indivi-
(individual margins can only be

dual margin (2)
claimed by producers),

— the precise activities of the company with regard to

the production of the product concerned,

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

(2) Individual margins may be claimed pursuant to Article 17(3) of the

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

basic Regulation for companies not included in the sample.

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Official Journal of the European Union

C 261/9

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

companies (1)
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 the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

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 authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

(ii) Sa mp li ng for i mp or te r s

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) and in the formats indicated in
paragraph 7 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 October 2003 to 30 September 2004,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in kg and value in euro of imports into
and resales made in the Community market during
the period 1 October 2003 to 30 September 2004
of the imported product concerned originating in
Norway,

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

companies (1)
selling of the product concerned,

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

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

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

the sample of

importers,

(1) 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).

(iii) S a mp li ng for Commu ni ty p r odu c e r s

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.

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
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 euro of the company during
the period 1 October 2003 to 30 September 2004,

— the precise activities of the company with regard to

the production of the product concerned,

— the value in euro of sales of the product concerned
made in the Community market during the period
1 October 2003 to 30 September 2004,

— the volume in kilograms of sales of the product
concerned made in the Community market during
the period 1 October 2003 to 30 September 2004,

— the volume in kilograms of the production of the
product concerned during the period 1 October
2003 to 30 September 2004,

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

companies (1)
selling of the product concerned,

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

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

(iv) F i na l se le c ti on of t h e sa mp le s

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

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)(iii) of this notice and must cooperate within the
framework of the investigation.

forthcoming,

sufficient co-operation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned as
explained in paragraph 8 of this notice.

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(b) Questionnaires

6. Time limits

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/
producers in Norway,
to any association of exporters/
producers, to the sampled importers, to any association of
importers named in the complaint, and to the authorities of
the exporting country concerned.

in Norway claiming an individual
Exporters/producers
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 paragraph 6(a)(ii)
of this notice. They therefore have to request a question-
naire 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 Commis-
sion may nonetheless decide not to calculate an individual
margin for them, if the number of exporters/producers is
so large that
individual examination would be unduly
burdensome and would prevent the timely completion of
the investigation.

(c) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
known,
than questionnaire
replies and to provide supporting evidence. This informa-
tion and supporting evidence has to reach the Commission
within the time limit set in paragraph 6(a)(ii) of this notice.

information other

(a) General time limits

(i) F or p a r t i e s to r e q u e st a q u e sti o n n a i r e

All interested parties should request a questionnaire as
soon as possible, but not later than 10 days after the
publication of this notice in the Official Journal of the
European Union.

(ii) F or p a r ti e s to ma ke t h e mse lve s know n,

to
su bmi t q u e sti onn a i r e r e p li e s a nd a ny ot h e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must
make themselves known by contacting the Commis-
sion, 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
the European Union, unless otherwise specified.
of
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 question-
naire replies within the time limits specified in para-
graph 6(b)(iii) 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.

(iii) He a r i ng s

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

5.2. Procedure for assessment of Community interest

(b) Specific time limit in respect of sampling

and

representative

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 representative associations, represen-
tative users
consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in paragraph 6(a)(ii) of this notice, make
themselves known and provide the Commission with informa-
tion. 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 submitted pursuant to Article 21 will only be
taken into account if supported by factual evidence at the time
of submission.

the date of publication of

(i) The information specified in paragraphs 5.1(a)(i),
5.1(a)(ii) and 5.1(a)(iii) should reach the Commission
within 15 days of
this
notice in the Official
the European Union,
Journal of
given that the Commission intends to consult parties
concerned that have 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 Union.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(iv) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(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.

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Official Journal of the European Union

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7. Written submissions, questionnaire replies and corre-

8. Non-cooperation

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.
All written submissions, including the information requested in
this notice, questionnaire replies and correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
parties’.

shall be

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. If an interested
party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

Commission address for correspondence:

9. Schedule of the investigation

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (+32-2) 295 65 05
Telex COMEU B 21877.

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
Union. According to Article 7(1) of the basic Regulation, provi-
sional measures may be imposed no later than nine months
from the publication of this notice in the Official Journal of the
European Union.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article
19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996 P.1 )
and Article 6 of the WTO Agreement on Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It