Commission Regulation (EC) No 82/1999 of 13 January 1999 imposing provisional anti-dumping and countervailing duties on certain imports of farmed Atlantic salmon originating in Norway and amending Decision 97/634/EC
L 8/8 EN Official Journal of the European Communities 14. 1. 1999 COMMISSION REGULATION (EC) No 82/1999 of 13 January 1999 imposing provisional anti-dumping and countervailing duties on certain imports of farmed Atlantic salmon originating in Norway and amending Decision 97/634/EC THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4) Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries the European Community (1), as last amended by Regulation (EC) No 905/98 (2), and in particular Article 8(10) thereof, not members of Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports the European from countries Community (3), and in particular Article 13(10) thereof, not members of After consulting the Advisory Committee, Whereas: (1) (2) (3) A. PROCEDURE On 31 August 1996, the Commission announced, by two separate notices published in the Official Journal of the European Communities, the initia- tion of an anti-dumping proceeding (4) as well as an anti-subsidy proceeding (5) in respect of imports of farmed Atlantic salmon originating in Norway. The Commission sought and verified all informa- tion that it deemed necessary for the purpose of its definitive findings. As a result of this examination, it was established that definitive anti-dumping and countervailing measures should be adopted in order to eliminate the injurious effects of dumping and subsidisation. All interested parties were informed of the results of the investigation and were given the opportunity to comment thereon. On 26 September 1997, the Commission adopted Decision 97/634/EC (6), as last amended by Regula- tion (EC) No 2249/98 (7), accepting undertakings two above- offered in connection with the mentioned exporters mentioned in its Annex and terminating the inves- tigations in their respect. proceedings from the (1) OJ L 56, 6. 3. 1996, p. 1. (2) OJ L 128, 30. 4. 1998, p. 18. (3) OJ L 288, 21. 10. 1997, p. 1. (4) OJ C 253, 31. 8. 1996, p. 18. (5) OJ C 253, 31. 8. 1996, p. 20. (6) OJ L 267, 30. 9. 1997, p. 81. (7) OJ L 282, 20. 10. 1998, p. 57. On the same day, the Council, by Regulation (EC) No 1890/97 (8), as last amended by Regulation (EC) No 2678/98 (9), imposed an anti-dumping duty of ECU 0,32 per kilo on imports of farmed Atlantic salmon originating in Norway. Imports of farmed from Atlantic salmon exported by companies, which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of that Regulation. (5) Again on the same day, the Council, by Regulation (EC) No 1891/97 (10), as last amended by Regula- tion (EC) No 2678/98, also imposed a counter- vailing duty of 3,8 % on imports of farmed Atlantic salmon originating in Norway. Imports of farmed Atlantic salmon exported by companies, from which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of that Regulation. (6) The above-mentioned Regulations the definitive findings and conclusions on all aspects of the investigations. set out (7) (8) (9) B. APPARENT FAILURE TO COMPLY WITH THE UNDERTAKING In order to ensure the effective implementation and monitoring of the undertakings accepted, the exporters undertook to report to the Commission, on a quarterly basis, the details of all their sales on a farmed Atlantic salmon to unrelated customers in the Community. transaction by transaction basis of The text of the undertakings specifically provides that failure to comply with the reporting obliga- tions and, in particular, failure to submit the quar- terly report within the prescribed time limit except in case of force majeure, would be construed as a violation of the undertaking. Nine Norwegian exporters have failed to comply with their obligation to present a report within the prescribed time limit and one exporter has not submitted any report at all for the second quarter of 1998. (8) OJ L 267, 30. 9. 1997, p. 1. (9) OJ L 337, 12. 12. 1998, p. 1. (10) OJ L 267, 30. 9. 1997, p. 19. 14. 1. 1999 EN Official Journal of the European Communities L 8/9 the conse- These exporters were informed of quences of late or no reporting, and in particular that, to should the Commission have reasons believe that an undertaking is being violated, a provisional anti-dumping and countervailing duty may be imposed pursuant to Article 8(10) of Regu- lation (EC) No 384/96 and Article 13(10) of Regu- lation (EC) No 2026/97, respectively. These exporters were also invited to provide evidence of any force majeure justifying the late submission or the lack of reports, but have so far failed to provide conclusive evidence of such force majeure. (10) (11) (12) Besides their reporting obligations, the exporters specifically undertook to respect a precisely defined minimum price for sales of the respective presenta- tions of salmon imported into the Community. In monitoring the reports relating to the second quarter of 1998, it appeared that the two exporters Brødrene Remo A/S and SMP Marine Produkter AS had made sales on the Community market below the minimum price foreseen in the undertaking. These two companies were given an opportunity to correct any possible clerical mistakes made in the processing of their reports and to comment on any erroneous assessments of their reports. However, the explanations given by these companies did not reveal any such circumstances. C. PROVISIONAL MEASURES (13) Under these circumstances, there are reasons to believe that the undertakings accepted by the Commission from the Norwegian exporters mentioned in the Annex to this Regulation are being violated. (17) In accordance with Article 13(10) of Regulation (EC) No 2026/97, the rate of the countervailing duty must be established on the basis of the best information available. (18) Under the present circumstances and in view of recital 149 of Regulation (EC) No 1891/97, it is considered appropriate that the rate of the provi- sional countervailing duty be set at the level of 3,8 % of the net free-at-Community-frontier price before duty. E. FINAL CONSIDERATIONS (19) Decision 97/634/EC should therefore be amended accordingly, by the deletion of the exporters concerned from the list annexed to that Decision. For the sake of clarity, an updated version of this Annex should be published, showing the exporters whose undertakings remain in force. (20) In the interest of sound administration, a period should be fixed in which interested parties may make known their views in writing and request a hearing, HAS ADOPTED THIS REGULATION: Article 1 farmed (other 1. A provisional anti-dumping duty is hereby imposed on imports of than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (TARIC ex 0304 10 13 (TARIC code: code: 0302 12 00 * 19), 0304 10 13 * 19), code: (TARIC code: 0303 22 00 * 19) 0304 20 13 * 19) originating in Norway and exported by the companies listed in Annex I. ex 0304 20 13 ex 0303 22 00 (TARIC and (14) It is, therefore, considered imperative that, pending further investigation of these apparent violations, provisional duties be imposed. The rate of duty applicable is EUR 0,32/kg net 2. product weight. D. RATE OF DUTY Article 2 (15) (16) In accordance with Article 8(10) of the Regulation (EC) No 384/96, the rate of the anti-dumping duty must be established on the basis of the best infor- mation available. In this regard, and in view of recital 107 of Regula- tion (EC) No 1890/97, it is considered appropriate to set the rates of the provisional anti-dumping duty for all companies concerned at EUR 0,32/kg net product weight. farmed (other 1. A provisional countervailing duty is hereby imposed on imports of than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (TARIC ex 0304 10 13 (TARIC code: code: 0302 12 00 * 19), 0304 10 13 * 19), code: 0303 22 00 * 19) (TARIC code: 0304 20 13 * 19) originating in Norway and exported by the companies listed in Annex I. ex 0304 20 13 ex 0303 22 00 (TARIC and The rate of duty applicable to the net 2. Community-frontier price, before duty, is 3,8 %. free-at- L 8/10 EN Official Journal of the European Communities 14. 1. 1999 Article 3 salmon 0304 10 13 * 11, to wild Atlantic The duties referred to in Articles 1 and 2 shall not 1. (TARIC codes: apply 0302 12 00 * 11, and 0304 20 13 * 11). For the purpose of the present Regula- tion, wild Atlantic salmon shall be that in respect of which the competent authorities of the Member State of landing are satisfied, by means of all customs and trans- port documents to be provided by interested parties, that it was caught at sea. 0303 22 00 * 11 within one month of the date of entry into force of this Regulation. Article 5 The Annex to Decision 97/634/EC is hereby replaced by Annex II to the present Regulation. 2. Unless otherwise specified, the provisions in force concerning customs duties shall apply. Article 4 Article 6 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. The parties concerned may make their views known in writing and apply to be heard orally by the Commission It shall apply for a period of four months. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 January 1999. For the Commission Leon BRITTAN Vice-President 14. 1. 1999 EN Official Journal of the European Communities L 8/11 ANNEX I List of companies, on which provisional duties are imposed Company TARIC additional code A. Ovreskotnes AS Alsvag Fiskeprodukter A/S Brødrene Remo A/S Hitramat & Delikatesse AS Kr Kleiven & Co. AS Midsundfisk AS Norway Seafoods ASA Scanfood AS Seacom Nord AS SMP Marine Produkter AS Stavanger Røkeri AS Nor-Fa Food AS 8095 8098 8128 8154 8182 8202 8314 8264 8270 8279 8282 8102 No 1 5 30 65 80 98 126 153 159 168 171 191 L 8/12 EN Official Journal of the European Communities 14. 1. 1999 ANNEX II ‘ANNEX List of companies benefiting from undertakings No Company TARIC additional code 3 7 8 11 13 14 15 16 17 20 21 22 23 24 26 27 28 31 32 33 35 36 39 Agnefest Seafood Aqua Export A/S Aqua Partner A/S Arctic Group International Arctic Superior A/S Arne Mathiesen A/S A/S Aalesundfisk A/S Austevoll Fiskeindustri A/S Keco A/S Refsnes Fiskeindustri A/S West Fish Ltd Astor A/S Atlantic King Stranda A/S Atlantic Seafood A/S Borkowski & Rosnes A/S Brødrene Aasjord A/S Brødrene Eilertsen A/S Christiansen Partner A/S Clipper Seafood A/A Coast Seafood A/S Dafjord Laks A/S Delfa Norge A/S Domstein Salmon A/S 8325 8100 8101 8109 8111 8112 8113 8114 8115 8118 8119 8120 8121 8122 8124 8125 8126 8129 8130 8131 8133 8134 8136 14. 1. 1999 EN Official Journal of the European Communities L 8/13 No Company TARIC additional code 41 42 43 44 46 47 48 49 50 51 52 53 58 60 61 62 64 66 67 72 75 76 77 79 82 83 Ecco Fisk & Delikatesse Edvard Johnsen A/S Eurolaks AS Euronor AS Fiskeforsyningen AS Fjord Aqua Group AS Fjord Trading Ltd AS Fonn Egersund AS Fossen AS Fresh Atlantic AS Fresh Marine Company AS Fryseriet AS Grieg Seafood AS Haafa fisk AS Hallvard Lerøy AS Herøy Filetfabrikk AS Hirsholm Norge AS Hydro Seafood Sales AS Hydrotech-gruppen AS Inter Sea AS Janas AS Joh. H. Pettersen AS Johan J. Helland AS Karsten J. Ellingsen AS Labeyrie Norge AS Lafjord Group AS 8138 8139 8140 8141 8143 8144 8145 8146 8147 8148 8149 8150 8300 8302 8303 8304 8306 8159 8428 8174 8177 8178 8179 8181 8184 8185 L 8/14 EN Official Journal of the European Communities 14. 1. 1999 No 85 87 88 92 93 96 99 100 101 104 105 107 108 111 112 113 114 115 116 119 120 121 122 123 124 130 Company TARIC additional code Leica Fiskeprodukter Lofoten Seafood Export AS Lorentz A. Lossius AS Marine Seafood AS Marstein Seafood AS Memo Food AS Myre Sjømat AS Naco Trading AS Namdal Salmon AS Nergård AS Nils Williksen AS Nisja Trading AS Nor-Food AS Nordic Group ASA Nordreisa Laks AS Norexport AS Norfi Produkter AS Norfood Group AS Norfra Eksport AS Norsk Akvakultur AS Norsk Sjømat AS Northern Seafood AS Nortrade AS Norway Royal Salmon Sales AS Norway Royal Salmon AS Nova Sea AS 8187 8188 8189 8196 8197 8200 8203 8206 8207 8210 8211 8213 8214 8217 8218 8223 8227 8228 8229 8232 8233 8307 8308 8309 8312 8235 14. 1. 1999 EN Official Journal of the European Communities L 8/15 No 134 137 140 141 142 143 144 145 146 147 148 151 154 155 156 157 158 160 161 162 164 165 167 172 174 175 Company TARIC additional code Ok-Fish Kvalheim AS Pan Fish Sales AS Polar Seafood Norway AS Prilam Norvège AS Pundslett Fisk Roger AS Rolf Olsen Seafood AS Ryfisk AS Rørvik Fisk- og fiskematforretning AS Saga Lax Norge AS Saga Lax Nord A/S Sangoltgruppa AS Sea Eagle Group AS Sea Star International AS Sea-Bell AS Seaco AS Seacom AS Seafood Farmers of Norway Ltd AS Seanor AS Sekkingstad AS Sirena Norway AS Kinn Salmon AS SL Fjordgruppen AS Stjernelaks AS Stolt Sea Farm AS Storm Company AS 8239 8242 8247 8248 8251 8253 8254 8256 8257 8258 8259 8262 8265 8266 8267 8268 8269 8271 8272 8273 8275 8276 8278 8283 8285 8286 L 8/16 EN Official Journal of the European Communities 14. 1. 1999 No 176 178 180 182 183 187 188 189 190 Company Superior AS Terra Seafood AS Timar Seafood AS Torris Products Ltd AS Troll Salmon AS Vie de France Norway AS Vikenco AS Wannebo International AS West Fish Norwegian Salmon AS TARIC additional code 8287 8289 8294 8298 8317 8321 8322 8323 8324'