Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of farmed salmon originating in Norway
Date: 2007-04-21
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-dumping legislation, fish, import, originating product

C 88/26

EN

Official Journal of the European Union

21.4.2007

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of farmed salmon originating in Norway

(2007/C 88/10)

The Commission has received a request for a partial
interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 on protection against dumped imports from countries
not members of the European Community (‘the basic Regu-
lation’) (1).

1. Request for review

The request was lodged by the following Member States: Italy,
Lithuania, Poland, Portugal and Spain (‘the applicants’).

2. Product

The product under review is farmed (other than wild) salmon,
whether or not filleted, fresh, chilled or frozen originating in
Norway (‘the product concerned’), currently classifiable within
CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00,
ex 0303 22 00, ex 0304 19 13 and ex 0304 29 13. These CN
codes are given only for information.

The applicants allege and provide prima facie evidence showing
that a comparison between a constructed normal value and
export prices for Norwegian companies other than Nordlaks
Oppdrett AS would lead to a reduction of dumping significantly
below the level of
the
continued imposition of measures at the existing levels, is no
longer necessary to offset dumping.

the current measures. Therefore,

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited to
dumping for all Norwegian companies other than Nordlaks
Oppdrett AS.

3. Existing measures

The investigation will assess the need for the continuation,
removal or amendment of the existing measures.

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 85/2006 (2) on
imports of farmed salmon originating in Norway.

(a) Sampling

4. Grounds for the review

The applicants have provided prima facie evidence that, with
regard to imports of farmed salmon from Norwegian companies
the basis on which the
other than Nordlaks Oppdrett AS,
measures were established have changed and that these changes
are of a lasting nature.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regu-

lation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 15, 20.1.2006, p. 1.

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 basic Regulation.

Volume information requested in points 5(a)(i) and 5(a)(ii)
below should be provided on a whole fish equivalent basis
(WFE) which should be used consistently for all data
if
provided. In addition, the list of conversion rates used,
any, should be provided.

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Official Journal of the European Union

C 88/27

(i) Sampling for expor ters/producers in Nor way

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 companies
within the time limit set in point 6(b)(i) and in the
formats indicated in point 7:

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

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 from 1 January 2006
to 31 December 2006 (investigation period — ‘IP’),

— the turnover in local currency and the sales volume
in kg of
the product concerned sold on the
domestic market during the period from 1 January
2006 to 31 December 2006 (investigation period
— ‘IP’),

— whether the company intends to claim an individual
margin (1) (individual margins can only be claimed
by producers),

— the precise activities of the company with regard to
the production of the product concerned and the
production volume in kg of the product concerned,
the production capacity and the investments in
production capacity (i.e. harvested) during the
period from 1 January 2006 to 31 December 2006
(investigation period — ‘IP’),

— the names and the precise activities of all related
companies (2)
involved in the production and/or
selling (export and/or domestic) of
the product
concerned, and their respective production volume
(i.e. harvested) covered in the volume reported
above,

— any other relevant information that would assist the

Commission in the selection of the sample,

the company
By providing the above information,
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this will
imply replying to a questionnaire and accepting an on-
the-spot investigation of its response. If the company
indicates that it does not agree to its possible inclusion
in the sample, it will be deemed to not have co-oper-
ated in the investigation. The consequences of non-
cooperation are set out in point 8 below.

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

basic Regulation for companies not included in the sample.

(2) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92 establishing the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

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) Sampling for impor ters

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 6(b)(i) and in the formats indicated in
point 7:

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

numbers and contact person,

— the total turnover in € of the company during the
period from 1 January 2006 to 31 December 2006
(investigation period — ‘IP’),

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in kg and value in € of imports into
and resales made in the Community market during
the period from 1 January 2006 to 31 December
2006 (investigation period — ‘IP’) of the imported
product concerned originating in Norway,

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

companies (3)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

By providing the above information,
the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this will
imply replying to a questionnaire and accepting an on-
the-spot investigation of its response. If the company
indicates that it does not agree to its possible inclusion
in the sample, it will be deemed to not have co-oper-
ated in the investigation. The consequences of non-
cooperation are set out in point 8 below.

the selection of

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

the sample of

importers,

(3) For guidance on the meaning of related companies, please refer to

Article 143 of Commission Regulation (EEC) No 2454/93.

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Official Journal of the European Union

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(iii) Final selection of the sample

particular reasons why they should be heard. This request
must be made within the time limit set in point 6(a)(iii).

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

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

Companies included in the sample must reply to a ques-
tionnaire within the time limit set in point 6 (b)(iii) and
must co-operate within the framework of the investiga-
tion.

6. Time limits

(a) General time limits

(i) For par ties 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 Union.

forthcoming,

sufficient co-operation is not

the
If
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
to the party concerned, as
be less advantageous
explained in point 8.

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the sampled exporters/producers in Norway, to any associa-
tion of exporters/producers, to the sampled importers, to
cooperated in the
any association of
proceeding that
the existing
measures, and to the authorities of the exporting country
concerned.

led to the imposition of

importers

that

(ii) For par ties

to make themselves known,

to
submit questionnaire replies and any other
infor mation

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 Union, 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 question-
naire replies within the time limits specified in point 6
(b)(iii).

Exporters/producers
in Norway 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 ques-
tionnaire within the time limit set in point 6(a)(ii) of this
notice. They therefore must request a questionnaire within
the time limit set in point 6(a)(i). 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 or producers is so large that individual examina-
tion 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 must reach the Commission within the
time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are

(iii) Hear ings

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

the European Union, given that
to consult parties

(i) The information specified in points 5(a)(i) and 5(a)(ii)
should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal
of
the Commission
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 Union.

(ii) All other information relevant for the selection of the
sample as
reach the
referred to in 5(a)(iii) must
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

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Official Journal of the European Union

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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, 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
in accordance with Article 18 of the
and use may be made,
basic Regulation, of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of facts
available is made, the result may be less favourable to that party
than if it had cooperated.

9. Schedule of the investigation

this review therefore,

the Commission will

It is recalled that the initiation of interim reviews such as this
one merely indicates that
investigate
whether measures in their current level are appropriate. The
initiation of
in no way prejudges the
outcome of the investigation. The existing measures will stay in
force throughout this investigation which will be concluded
according to Article 11(5) of the basic Regulation, within 15
months of the date of the publication of this notice in the Offi-
cial Journal of the European 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.

7. Written submissions, questionnaire replies and cor-

respondence

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 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,
shall be accompanied by a non-confidential version, which will
be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the Euro-
pean Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to
Article 19 of the basic Regulation and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-dumping
Agreement).