Council Regulation (EC) No 772/98 of 7 April 1998 amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
L 111/10 ‹ EN ‹ Official Journal of the European Communities 9. 4. 98 COUNCIL REGULATION (EC) No 772/98 of 7 April 1998 amending Regulations (EC) No 1890/97 and (EC) No 1891/97 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, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Com- munity (1), and in particular Articles 8(9) and 9 thereof, (2) Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Com- munity (2), and in particular Articles 13(9) and 15 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. Provisional measures (1) In the framework of the anti-dumping and anti- subsidy investigations initiated by two separate notices published in the Official Journal of the European Communities (3), the Commission had accepted, on 26 September 1997, by Decision 97/634/EC (4), the Kingdom of Norway and by 190 Norwegian ex- sales porters. These undertakings apply to all invoiced by these exporters since 1 July 1997. undertakings offered by Subsequent these under- to the acceptance of takings, the Commission had reasons to believe that 29 exporters were failing to comply with the terms of these undertakings: — it appeared from their reports relating to the third quarter of 1997 that six Norwegian ex- porters had made sales on the Community market below the minimum price stipulated in the undertaking for each presentation of the product concerned, — 23 Norwegian exporters failed to comply with their obligation to submit their report relating to the third quarter of 1997 within the pre- scribed time limit, or did not submit such a report at all. These exporters did not provide any evidence of force majeure to justify such late reporting. Consequently, the Commission, by Regulation (EC) No 2529/97 (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 companies listed in the Annex I to that Regulation. B. Subsequent procedure (3) All Norwegian companies concerned by the provi- sional duties received disclosure in writing con- cerning the essential facts and considerations on the basis of which these duties were imposed. (4) Within the time limit set in the provisional duty the Norwegian companies Regulation, most of concerned submitted comments in writing. (5) (6) Subsequent to the written submissions received, the Commission sought and verified all information it deemed necessary for the purpose of a definitive determination on the apparent violations. The Commission’s findings are set out in Regulation (EC) No 651/98 (6). C. Definitive measures Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defin- itive 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 sub- sequent to this disclosure. (1) OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula- tion (EC) No 2331/96 (OJ L 317, 6. 12. 1996, p. 1). (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. (7) The exporters concerned having been given an opportunity to comment, it is concluded that de- finitive anti-dumping and countervailing duties (5) OJ L 346, 17. 12. 1997, p. 63. (6) OJ L 88, 24. 3. 1998, p. 31. 9. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 111/11 should be imposed on imports of farmed Atlantic salmon originating in Norway and exported by the companies listed in Annex I to this Regulation. take account of the change of name of Skaarfish Group AS, and the correction of the names of West Fish Sales Ltd, (8) (9) (10) and injury by Regulation The investigations which led to the undertakings were concluded by a final determination as to dumping (EC) No 1890/97 (1), and by a final determination as to subsidisation and injury by Regulation (EC) No 1891/97 (2). Therefore, the rate of the definitive duties should be fixed at the level of the duties established in those two Regulations, in accordance with Article 8(9) of Regulation (EC) No 384/96 and Article 13(9) of Regulation (EC) No 2026/97. D. Definitive collection of provisional duties In relation to the exporters for which a breach of undertaking has been established, it is considered the amounts secured by way of necessary that provisional anti-dumping and countervailing duties be definitively collected at the level of the defin- itive duties. E. Amendment of the Annexes to Regulation (EC) No 1890/97 and Regulation (EC) No 1891/97 informed the certain companies In addition, Commission that their name had been changed or that their name as shown in the Annex to Decision 97/634/EC is not correct. Where a company has changed its name, the Commission verified that there was no change in the corporate structure which would call for a more detailed examination of the appropriateness of maintaining its under- taking. The Annexes to Regulation (EC) No 1890/97 and Regulation (EC) No 1891/97, exempting the parties listed therein from the duty, should be amended to remove that exemption from the companies listed in Annex I hereto, and update these Annexes to HAS ADOPTED THIS REGULATION: Article 1 For the products falling within the CN codes referred to in Article 3 and exported by the companies listed in Annex I: — a definitive anti-dumping duty is hereby imposed. The rate of duty applicable is ECU 0,32/kg net product weight, — a definitive countervailing duty is hereby imposed. free-at- The rate of duty applicable to the net Community price, before duty is 3,8 %. Article 2 1. As a consequence, the Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex II to this Regu- lation. The Annex to Regulation (EC) No 1891/97 is 2. hereby replaced by Annex II to this Regulation. Article 3 salmon The amounts secured by way of the provisional anti- dumping and countervailing duties imposed by Regula- tion (EC) No 2529/97 in relation to farmed (other than falling within CN codes wild) Atlantic 0302 12 00*19), ex 0304 10 13*19), ex ex and ex 0304 20 13 (TARIC code: 0304 20 13*19) originating in Norway and exported by the companies listed in the Annex I to this Regulation shall be definitively collected. (TARIC (TARIC (TARIC code: 0302 12 00 0304 10 13 0303 22 00*19) 0303 22 00 code: code: Article 4 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 7 April 1998. For the Council The President D. BLUNKETT (1) Council Regulation (EC) No 1890/97 of 26 September 1997 imposing a definitive anti-dumping duty on imports of farmed Atlantic salmon originating in Norway (OJ L 267, 30. 9. 1997, p. 1). (2) Council Regulation (EC) No 1891/97 of 26 September 1997 imposing a definitive countervailing duty on imports of farmed Atlantic salmon originating in Norway (OJ L 267, 30. 9. 1997, p. 19). L 111/12 ‹ EN ‹ Official Journal of the European Communities 9. 4. 98 ANNEX I No Company name TARIC additional code 6 9 10 18 34 38 56 57 63 73 74 78 91 94 102 103 110 127 132 135 139 170 184 185 Altafjord Oppdrett A/S Aqua Supply A/S Aquatrade AS A/S Møre Codfish Company Compania do Bacalhau Lda A/S DNHS Fishing Company A/S Gje-vi A/S Gjendemsjø Fisk A/S Heroy Lakseoppdrett AL J. Meinert A/S Jan og Einer Martinussen A/S Karl Storm Andersen Eft A/S Marinco A/S Master Seafood Nature Sea-lect Ltd Neptun Stavanger A/S Nordhav A/S Norwegian Salmon A/S Ocean Superior Products A/S Omega Sea A/S Polar Gigante A/S Starfish Uniprawns A/S Vareberg’s Røykeri 8099 8107 8108 8116 8132 8399 8153 8299 8305 8175 8176 8180 8191 8198 8208 8209 8216 8315 8237 8240 8246 8281 8318 8319 9. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 111/13 ANNEX II UT No Company name TARIC additional code 1 2 3 4 5 7 8 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 A. Ovreskotnes AS A. B. A. A/S Agnefest Seafood Alamar A/S Alsvag Fiskeprodukter A/S Aqua Export A/S Aqua Partner A/S Arctic Group International Arctic Product A/S Artic Superior A/S Arne Mathiesen A/S A/S Aalesundfisk A/S Austevoll Fiskeindustri A/S Keco A/S Nortraders Ltd A/S Refsnes Fiskeindustri A/S West Fish Ltd Astor A/S Atlantic King Stranda A/S Atlantic Seafood A/S Atlantis A/S Borkowski & Rosnes A/S Brødrene Aasjord A/S Brødrene Eilertsen A/S Brødrene Karlsen A/S Brødrene Remo A/S Christiansen Partner A/S 8095 8096 8325 8097 8098 8100 8101 8109 8110 8111 8112 8113 8114 8115 8117 8118 8119 8120 8121 8122 8123 8124 8125 8126 8127 8128 8129 L 111/14 ‹ EN ‹ Official Journal of the European Communities 9. 4. 98 UT No Company name TARIC additional code 32 33 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 58 59 60 61 62 64 Clipper Seafood A/A Coast Seafood A/S Dafjord Laks A/S Delfa Norge A/S DM Direkte Markedsføringsbyra Domstein Salmon A/S E. Slorer Jacobsen & Co. A/S Ecco Fisk & Delikatesse Edvard Johnsen A/S Eurolaks AS Euronor AS Fader Martin 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 Frøya Fiskeindustri AS Gigante Fiskekroken AS Grieg Seafood AS Gunnar Klo AS Haafa fisk AS Hallvard Lerøy AS Herøy Filetfabrikk AS Hirsholm Norge AS 8130 8131 8133 8134 8135 8136 8137 8138 8139 8140 8141 8142 8143 8144 8145 8146 8147 8148 8149 8150 8151 8152 8300 8301 8302 8303 8304 8306 9. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 111/15 UT No Company name TARIC additional code 65 66 67 68 69 70 71 72 75 76 77 79 80 81 82 83 84 85 86 87 88 89 90 92 93 95 96 97 Hitramat & Delikatesse AS Hydro Seafood Sales AS Hydrotech-gruppen AS Icelandic Freezing Plants N. AS Imperial Salmon Co. AS Incofood AS Inter Road AS Inter Sea AS Janas AS Joh. H. Pettersen AS Johan J. Helland AS Karsten J. Ellingsen AS Kr. Kleiven & Co. AS Kurt F. Løseth & Co AS Labeyrie Norge AS Lafjord Group AS Langfjord Laks AS Leica Fiskeprodukter Leonhard Products AS Lofoten Seafood Export AS Lorentz A. Lossius AS Ma-vo Norge AS Marex AS Marine Seafood AS Marstein Seafood AS Melands Røkeri Eftf. AS Memo Food AS Midtco AS 8154 8159 8428 8165 8171 8172 8173 8174 8177 8178 8179 8181 8182 8183 8184 8185 8186 8187 8423 8188 8189 8190 8326 8196 8197 8199 8200 8201 L 111/16 ‹ EN ‹ Official Journal of the European Communities 9. 4. 98 UT No Company name TARIC additional code 98 99 100 101 104 105 106 107 108 109 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 128 129 Midsundfisk AS Myre Sjømat AS Naco Trading AS Namdal Salmon AS Nergård AS Nils Williksen AS Niscan Corporation AS Nisja Trading AS Nor-Food AS Nor-Trade International Nordic Group ASA Nordreisa Laks AS Norexport AS Norfi Produkter AS Norfood Group AS Norfra Eksport AS NorMan Trading Ltd. AS Nornir Group AS Norsk Akvakultur AS Norsk Sjømat AS Northern Seafood AS Nortrade AS Norway Royal Salmon Sales AS Norway Royal Salmon AS Norway Seafarms AS Norway Seafoods ASA Norwell AS Notfisk Arctic AS 8202 8203 8206 8207 8210 8211 8212 8213 8214 8215 8217 8218 8223 8227 8228 8229 8230 8231 8232 8233 8307 8308 8309 8312 8313 8314 8316 8234 9. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 111/17 UT No Company name TARIC additional code 130 131 133 134 136 137 138 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 Nova Sea AS NTC Norwegian Taste Company AS Oddvin Bjørge AS Ok-Fish Kvalheim AS Oster Sea Products AS Pan Fish Sales AS Pero Food 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 Salomega AS Sandanger AS Sangoltgruppa AS Scan-Mar AS Scanfood AS Sea Eagle Group AS Sea Star International AS Sea-Bell AS Seaco AS Seacom AS Seacom Nord AS Seafood Farmers of Norway Ltd AS 8235 8236 8238 8239 8241 8242 8243 8247 8248 8251 8253 8254 8256 8257 8258 8259 8260 8261 8262 8263 8264 8265 8266 8267 8268 8269 8270 8271 L 111/18 ‹ EN ‹ Official Journal of the European Communities 9. 4. 98 UT No Company name TARIC additional code 161 162 163 164 165 166 167 168 169 171 172 173 174 175 176 177 178 179 180 181 182 183 186 187 188 189 190 191 Seanor AS Sekkingstad AS Sigerfjord-Fisk AS Sirena Norway AS KINN SALMON AS Skarpsno Mat SL Fjordgruppen AS SMP Marine Produkter AS Sotra Fiskeindustri AS Stavanger Røkeri AS Stjernelaks AS Stokfish Norway AS Stolt Sea Farm AS Storm Company AS Superior AS Svenodak AS Terra Seafood AS Thorleif E. Ellingsen AS Timar Seafood AS Torget International AS Torris Products Ltd. AS Troll Salmon AS Vest Agentur AS Vie de France Norway AS Vikenco AS Wannebo International AS West Fish Norwegian Salmon AS Nor-Fa Food AS 8272 8273 8274 8275 8276 8277 8278 8279 8280 8282 8283 8284 8285 8286 8287 8288 8289 8293 8294 8297 8298 8317 8320 8321 8322 8323 8324 8102