Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of large rainbow trout originating in Norway
Date: 2007-05-15
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-dumping legislation, dumping, fish, import, originating product

15.5.2007

EN

Official Journal of the European Union

C 109/23

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 large rainbow trout originating in Norway

(2007/C 109/13)

The Commission has received a request for a partial
interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 of 22 December 1995 on protection against dumped
imports from countries not members of the European Com-
munity (‘the basic Regulation’) (1).

1. Request for review

The request was lodged by Sjøtroll Havbruk AS, Lerøy Fossen
AS, Firda Sjøfarmer AS, Coast Seafood AS, Hallvard Leroy AS
and Sirena Norway AS, producers and exporters from Norway
(‘the applicants’).

The request is limited in scope to the examination of the level
of dumping of imports of large rainbow trout originating in
Norway.

2. Product

The product under review is large rainbow trout (Oncorhynchus
Mykiss) whether fresh, chilled or frozen, whether in the form of
whole fish (with heads and gills on, gutted, weighing more than
1,2 kg each or with heads off, gilled and gutted, weighing more
than 1 kg each), or in the form of fillets (weighing over 0,4 kg
each) originating in Norway (‘the product concerned’), currently
classifiable within CN codes 0302 11 20, 0303 21 20,
0304 10 15 until December 2006 and 0304 19 15 as from
January 2007 and 0304 20 15 until December 2006 and
0304 29 15 as from January 2007. These CN codes are given
only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 437/2004 (2) on
imports of large rainbow trout originating in Norway.

4. Grounds for the review

The request pursuant to Article 11(3) of the basic Regulation is
based on the prima facie evidence, provided by the applicants,
that the circumstances on the basis of which measures were
established have changed and that these changes are of a lasting
nature.

The applicants allege, inter alia, that their export prices of the
product concerned to the Community have increased signifi-
cantly and substantially more than the domestic prices and cost
of production in Norway. This has allegedly led to a reduction
or elimination of dumping. The applicants claim that
this
evidence of reduction of elimination of dumping is also valid
for all exports of the product under review to the Community.
The applicants provided evidence to support this claim. There-
fore the continued imposition of measures at the existing levels
on all
imports of large rainbow trout originating in Norway,
which were based on the level of dumping previously estab-
lished, is allegedly no longer necessary to offset dumping.

In light of the above-mentioned evidence and given the fact that
a single country-wide duty applies to imports of the product
review should
concerned,
examine the level of dumping of all imports of large rainbow
trout originating in Norway.

is considered that

the partial

it

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.

(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 72, 11.3.2004, p. 23.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures on imports of
large rainbow trout originating in Norway.

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Official Journal of the European Union

15.5.2007

(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.

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
provided. In addition, the list of conversion rates used,
if
any, should be provided.

(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(c)(i) and in the
format 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
WFE of the product concerned sold for export to
the Community during the period from 1 April
2006 to 31 March 2007 (investigation period —
‘IP’),

— the turnover in local currency and the sales volume
in kg WFE of the product concerned sold on the
domestic market during the 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,

— the volume in kg WFE of the production of the
product concerned, the production capacity and the
investments in production capacity during the IP,

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

(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).

— 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.

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(c)(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 euro of the company during

the IP,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in kg WFE and value in euro of imports
into and resales made in the Community market
during the 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.

(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

C 109/25

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,

(iii) 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 point 6(c)(ii).

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.

samples

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

after having

consulted

(ii) For par ties

to make

to
submit questionnaire replies and any other
infor mation

themselves known,

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(c)(iii)
and must cooperate within the framework of the inves-
tigation.

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

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
(c)(iii).

(b) Questionnaires

(b) Hearings

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
information and supporting evidence
concerned. This
should reach the Commission within the time limit set in
point 6(a).

led to the imposition of

importers

that

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).

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 6(b).

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

(c) 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
the Commission
of
intends
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
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.

(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

15.5.2007

7. Written submissions, questionnaire replies and cor-

8. Non-co-operation

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

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

The investigation 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 Official Journal of the European
Union.

(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).