Council Regulation (EC) No 1003/1999 of 10 May 1999 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
13. 5. 1999 EN Official Journal of the European Communities L 123/19 COUNCIL REGULATION (EC) No 1003/1999 of 10 May 1999 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, report at all and two Norwegian exporters appeared to have sold the product concerned to the Community market at a price which was below the price provided for in their undertakings. Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries the European Community (1), and in particular Articles 8(9) and 9 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 (2), and in particular Articles 13(9) and 15 thereof, not members of Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROVISIONAL DUTIES (1) Within the framework of the anti-dumping and anti-subsidy investigations initiated by two separate notices published in the Official Journal of the the Commission European accepted, by Decision 97/634/EC (4), undertakings offered by the Kingdom of Norway and by 190 Norwegian exporters. Communities (3), (2) The text of the undertakings provides that failure to submit a quaterly report of all sales transactions to the first unrelated customer in the Community within a prescribed time-limit except in case of force majeure would be construed as a violation of the undertaking, as would non-compliance with the obligation to sell the product concerned on the Community market at or above the minimum prices provided for in the undertaking. (3) For the second quarter of 1998, 10 Norwegian companies either did not present a report within the prescribed time limit (or did not submit any (1) OJ L 56, 6. 3. 1996, p. 1; Regulation as last amended by Regu- lation (EC) No 905/98 (OJ L 128, 30. 4. 1998, p. 18). (2) OJ L 288, 21. 10. 1997, p. 1. (3) OJ C 235, 31. 8. 1996, p. 18 and OJ C 235, 31. 8. 1996, p. 20. (4) OJ L 267, 30. 9. 1997, p. 81; Decision as last amended by Regulation (EC) No 2249/98 (OJ L 282, 20. 10. 1998, p. 57). (4) (5) (6) The Commission therefore had reason to believe that these 12 companies had breached the terms of their undertakings. Consequently, the Commission, by Regulation (EC) No 82/1999 (5) hereinafter referred to as the ‘Provi- sional Duty Regulation', imposed provisional anti- dumping and countervailing duties on imports of farmed Atlantic salmon falling within CN codes ex 0302 12 00, ex 0304 10 13, ex 0303 22 00 and ex 0304 20 13 originating in Norway and exported by the six (initially 12) companies listed in the Annex to that Regulation. By the same Regulation, the Commission deleted the companies concerned from the Annex to Decision 97/634/EC, which listed the companies from which undertakings were accepted. B. SUBSEQUENT PROCEDURE duties received All 12 Norwegian companies subject to the provi- sional in writing concerning the essential facts and considerations, on the basis of which these provisional duties were imposed. They were also given an opportunity to submit comments and request a hearing. disclosure (7) Within the time limit set in the provisional duty the Norwegian companies Regulation, nine of concerned submitted comments in writing and five requested hearings, which were granted. In addi- tion, comments were also submitted by the Norwe- gian Seafood Association on behalf of two of the to the provisional measures. companies subject Following these submissions, the Commission sought and examined all information it deemed necessary for the purpose of a definitive deter- mination on the apparent violations. (5) OJ No L 8, 14. 1. 1999, p. 8; Regulation as last amended by Regulation (EC) No 929/1999 (OJ L 115, 4. 5. 1999, p. 13). L 123/20 EN Official Journal of the European Communities 13. 5. 1999 (8) regard, the Commission’s investigation In this established that six of the companies against which provisional measures had been imposed had not violated their undertakings and that they should be reinstated on the list of companies benefiting from an exemption from the anti-dumping and counter- vailing measures. These exporters were informed of the essential facts and considerations on the basis of which it was intended to reinstate the Commis- sion’s acceptance of their undertakings. As concerns the other six companies subject to provisional measures, they were informed of the essential facts and considerations on the basis of which it was intended to confirm the withdrawal of the Commission’s acceptance of their undertaking and to recommend the imposition of definitive anti-dumping and countervailing duties and the definitive collection of the amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure. (9) The Commission’s findings in this respect are set out more fully in Regulation (EC) No 929/1999. conclusion that definitive (10) None of the comments submitted, however, have anti- changed the dumping and countervailing duties should be imposed on imports of farmed Atlantic salmon originating in Norway and exported by the six companies listed in Annex I to this Regulation. C. DEFINITIVE DUTIES (11) (12) The investigations which led to the undertakings were concluded by a final determination as to dumping and injury by Regulation (EC) No 1890/ 97 (1) and by a final determination as to subsidisa- tion and injury by Regulation (EC) No 1891/97 (2). In accordance with Article 8(10) of Regulation (EC) No 384/96 and Article 13(10) of Regulation (EC) No 2067/97 respectively, the anti- dumping duty and the countervailing duty must be established on the basis of the best information available. the rate of (13) In this regard, and in view of recital 107 of Regula- tion (EC) No 1890/97 and recital 149 of Regulation (EC) No 1891/97, it is considered appropriate that the definitive anti-dumping and countervailing (1) OJ L 267, 30. 9. 1997, p. 1; Regulation as last amended by Regulation (EC) No 2052/98 (OJ L 264, 29. 9. 1998, p. 17). (2) OJ L 267, 30. 9. 1997, p. 19; Regulation as last amended by Regulation (EC) No 2052/98 (OJ L 264, 29. 9. 1998, p. 17). duty rates be set at the level and in the form imposed by Regulation (EC) No 772/1999 (3). D. DEFINITIVE COLLECTION OF PROVI- SIONAL DUTIES (14) A breach of undertaking has been established in relation to six exporters which have violated their undertakings. Therefore, it is considered necessary that, in relation to these exporters, the amounts secured by way of provisional anti-dumping and countervailing duties be definitively collected at the level of the definitive duties. E. AMENDMENT OF THE ANNEX TO REGULA- TION (EC) No 772/1999 (15) Two Norwegian companies, Saga Lax Nord AS and Hydro Seafood Sales AS, which are on the list of companies from which undertakings are accepted, informed the Commission that their names had changed to Prima Nor AS and Hydro Seafood Norway AS respectively. They requested that these changes be reflected in the list of companies bene- fiting from the exemption from payment of anti- dumping and countervailing duties. The Commis- sion has verified that there were no changes in their corporate structures which would call for a more detailed examination of the appropriateness of them maintaining their undertakings. (16) Accordingly, in view of all the above, the Annex to Regulation (EC) No 772/1999 exempting the parties listed therein from the duty, should be amended so as to remove the exemption from the companies listed in Annex I hereto. The said Annex should also be amended to take account of the change of name to Prima Nor AS by the company Saga Lax Nord AS and the change of name to Hydro Seafood Norway AS by the company Hydro Seafood Sales AS, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EC) No 772/1999 shall be replaced by Annex II to this Regulation. (3) OJ L 101, 16. 4. 1999, p. 1. 13. 5. 1999 EN Official Journal of the European Communities L 123/21 Article 2 The amounts secured by way of the provisional anti-dumping and countervailing duties imposed by Regulation (EC) No 82/1999 in relation to farmed (other than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (TARIC code: 0302 12 00*19), ex 0304 10 13 (TARIC code: 0304 10 13*19), ex 0303 22 00 (TARIC code: 0303 22 00*19) and ex 0304 20 13 (TARIC code: 0304 20 13*19) originating in Norway and exported by the companies listed in Annex I to this Regulation shall be definitively collected. This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. Article 3 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 May 1999. For the Council The President H. EICHEL ANNEX I List of companies subject to definitive anti-dumping and countervailing duties No VT Company TARIC additional code 1 5 30 65 159 171 A. Ovrekotnes AS Alsvag Fiskeprodukter A/S Brødrene Remo A/S Hitramat & Delikatesse AS Seacom Nord AS Stavanger Røkeri AS 8095 8098 8128 8154 8270 8282 L 123/22 EN Official Journal of the European Communities 13. 5. 1999 ANNEX II List of companies exempted from the definitive anti-dumping and countervailing duties UT 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 41 42 43 44 46 47 48 50 51 52 53 Agnefest Seafood Aqua Export A/S Aqua Partner A/S Arctic Group International Artic 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/S Coast Seafood A/S Dafjord Laks A/S Delfa Norge A/S Domstein Salmon A/S Ecco Fisk & Delikatesse Edvard Johnsen A/S Eurolaks AS Euronor AS Fiskeforsyningen AS Fjord Aqua Group AS Fjord Trading Ltd AS Fossen AS Fresh Atlantic AS Fresh Marine Company AS Fryseriet AS 8325 8100 8101 8109 8111 8112 8113 8114 8115 8118 8119 8120 8121 8122 8124 8125 8126 8129 8130 8131 8133 8134 8136 8138 8139 8140 8141 8143 8144 8145 8147 8148 8149 8150 13. 5. 1999 EN Official Journal of the European Communities L 123/23 UT No Company TARIC additional code 58 60 61 62 66 67 72 75 76 77 79 80 82 83 85 87 92 93 96 98 99 100 101 104 105 107 108 111 112 113 114 115 116 119 120 121 122 123 124 126 Grieg Seafood AS Haafa fisk AS Hallvard Lerøy AS Herøy Filetfabrikk AS Hydro Seafood Norway AS Hydrotech-gruppen AS Inter Sea AS Janas AS Joh. H. Pettersen AS Johan J. Helland AS Karsten J. Ellingsen AS Kr. Kleiven & Co. AS Labeyrie Norge AS Lafjord Group AS Leica Fiskeprodukter Lofoten Seafood Export AS Marine Seafood AS Marstein Seafood AS Memo Food AS Midsundfisk 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 Norway Seafoods ASA 8300 8302 8303 8304 8159 8428 8174 8177 8178 8179 8181 8182 8184 8185 8187 8188 8196 8197 8200 8202 8203 8206 8207 8210 8211 8213 8214 8217 8218 8223 8227 8228 8229 8232 8233 8307 8308 8309 8312 8314 L 123/24 EN Official Journal of the European Communities 13. 5. 1999 UT No Company TARIC additional code 128 130 134 137 140 141 142 144 145 146 147 148 151 153 154 155 156 157 158 160 161 162 164 165 167 168 172 174 175 176 178 180 182 183 187 188 189 190 191 192 Norwell AS Nova Sea AS Ok-Fish Kvalheim AS Pan Fish Sales AS Polar Seafood Norway AS Prilam Norvège AS Pundslett Fisk Rolf Olsen Seafood AS Ryfisk AS Rørvik Fisk- og fiskematforretning AS Saga Lax Norge AS Prima Nor AS Sangoltgruppa AS Scanfood 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 SMP Marine Produkter AS Stjernelaks AS Stolt Sea Farm AS Storm Company AS 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 Nor-Fa Food AS Westmarine AS 8316 8235 8239 8242 8247 8248 8251 8254 8256 8257 8258 8259 8262 8264 8265 8266 8267 8268 8269 8271 8272 8273 8275 8276 8278 8279 8283 8285 8286 8287 8289 8294 8298 8317 8321 8322 8323 8324 8102 8625