Council Regulation (EC) No 297/1999 of 8 February 1999 further 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
11. 2. 1999 EN Official Journal of the European Communities L 37/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 297/1999 of 8 February 1999 further 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, (3) Having regard to the Treaty establishing the European Community, For the first quarter of 1998, eight Norwegian companies either did not present a report within the prescribed time limit, or did not submit any report at all. These exporters did not provide any evidence of force majeure to justify such late reporting or non-reporting. 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 from countries the European 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 MEASURES (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 quarterly 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. (1) OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (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) (5) In addition, the text of the undertakings specif- ically provides that failure to comply with the ob- ligation to sell the product concerned on the Community market at or above the minimum price provided for in the undertaking would be construed as a violation of the undertaking. In this regard, for the fourth quarter of 1997, one Norwegian exporter appeared to have sold the product concerned to the Community market at a price which was below the price provided for in the undertaking. In addition, one of the Norwegian exporters which failed to submit its quarterly report for the first quarter of 1998 within the due time limit also appeared to have sold the product concerned to the Community market at a price which was below the price provided for in the undertaking. (6) The Commission therefore had reason to believe that these nine companies had breached the terms of their undertakings. (7) Consequently, the Commission, by Regulation (EC) No 2249/98 (5), 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 eight (initially nine) companies listed in the Annex to that Regulation. By the same Regulation, (4) OJ L 267, 30. 9. 1997, p. 81. Decision as last amended by Regulation (EC) No 131/1999 (OJ L 17, 22. 1. 1999, p. 12). (5) OJ L 282, 20. 10. 1998, p. 57. Regulation as amended by Regulation (EC) No 131/1999 (OJ L 17, 22. 1. 1999, p. 12). L 37/2 EN Official Journal of the European Communities 11. 2. 1999 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 (8) All nine Norwegian companies subject to the provisional duties received disclosure 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. submitted comments (9) Within the time limit set in Regulation (EC) No 2249/98, only two of the Norwegian companies concerned in writing. Following receipt of these written submissions, the Commission sought and examined all information it deemed necessary for the purpose of a definitive determination on the apparent violations. The Commissions’s findings are set out in Regulation (EC) No 131/1999 (1). (10) The parties concerned were informed of the essen- tial 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 defin- itive 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. (11) None of the comments submitted have changed the conclusion that definitive anti-dumping and countervailing duties imposed on imports of farmed Atlantic salmon originating in Norway and exported by the eight companies listed in Annex I to this Regulation. should be C. WITHDRAWAL OF UNDERTAKINGS (12) In monitoring the undertakings submitted by the it became apparent to the Norwegian exporters, Commission that a number of exporters had no sales to the Community for consecutive reporting quarters. Upon verification, some of these com- panies also declared that they had not exported during the reference period of the original investi- gations having led to the present anti-dumping and (1) OJ L 17, 22. 1. 1999, p. 12. (13) (14) (15) (16) (17) they have no countervailing measures, and that binding contractual obligations to do so in the near future. The Commission informed the parties concerned of these findings and pointed out that, in view of these facts, the companies did not qualify as expor- ters within the meaning of Regulation (EC) No 384/96 and Regulation (EC) No 2026/97. Further- more, it was made known to these parties that to maintain the undertakings in force under these circumstances would be administratively cumber- some for the Commission in terms of monitoring. These parties were also informed that they could offer again, when the relevant conditions are met, an undertaking as a new exporter in accordance with Article 2 of Regulation (EC) No 1890/97 (2) and with Article 2 of Regulation (EC) No 1891/ 97 (3). Any application by these parties under those Articles would be treated expeditiously. With regard to twenty one companies which conse- quently withdrew their undertakings, the Council, by Regulation (EC) No 2039/98 (4), imposed defin- itive anti-dumping and countervailing duties on these companies and the Commission, accordingly, by Decision 98/540/EC (5), amended Decision 97/ 634/EC. three more to these amendments, Subsequent companies, namely Hirsholm Norge AS, Lorentz A. Lossius AS and Roger AS withdrew their under- takings In addition, having been informed of an apparent reporting violation by the Commission, another company, Fonn Egersund AS, also withdrew its undertaking. voluntarily. Following the withdrawal of their undertakings, the companies concerned are not entitled to continue from an exemption from the anti- to benefit dumping and countervailing duties and their names should therefore be removed from the Annexes to Regulations (EC) No 1890/97 and (EC) No 1891/97. D. DEFINITIVE MEASURES The investigations which led to the undertakings were concluded by a final determination as to dumping and injury by Regulation (EC) No 1890/ 97, and by a final determination as to subsidisation and injury by Regulation (EC) No 1891/97. the rate of In accordance with Article 8(9) of Regulation (EC) the anti-dumping duty No 384/96, should be established on the basis of the findings of the investigation which led to the undertakings. In this regard, and in view of recital (107) of Regu- lation (EC) No 1890/97, the rate of the definitive anti-dumping duty should be set at EUR 0,32 per kilo net product weight. (2) OJ L 267, 30. 9. 1997, p. 1. Regulation as last amended by Regulation (EC) No 2678/98 (OJ L 337, 12. 12. 1998, p. 1). (3) OJ L 267, 30. 9. 1997, p. 19. Regulation as last amended by Regulation (EC) No 2678/98. (4) OJ L 263, 26. 9. 1998, p. 3. (5) OJ L 252, 12. 9. 1998, p. 68. 11. 2. 1999 EN Official Journal of the European Communities L 37/3 (18) (19) In accordance with Article 13(9) of Regulation (EC) No 2026/97, the rate of the countervailing duty should be established on the basis of the findings of the investigation which led to the undertakings. Under the present circumstances and in view of recital (149) of Regulation (EC) No 1891/97, the rate of the definitive countervailing duty should be set at the level of 3,8 %. Therefore, in accordance with Article 8(9) of Regu- lation (EC) No 384/96 and Article 13(9) of Regula- tion (EC) No 2026/97, the rate of the definitive duties for the eight Norwegian companies having violated their undertakings, and for the four companies having withdrawn their undertakings should be fixed at the level of the duties established in those two Regulations. Hirsholm Norge AS, Lorentz A. Lossius AS, and Roger AS, which withdrew their undertakings. (22) Concerning the companies which withdrew their undertakings, it is noted that the Commission by its Regulation (EC) No 131/1999 has accordingly amended the Annex to Decision 97/634/EC accepting undertakings from the parties therein, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex II to this Regulation. Article 2 E. DFINITIVE COLLECTION OF PROVISIONAL DUTIES The Annex to Regulation (EC) No 1891/97 is hereby replaced by Annex II to this Regulation. (20) A breach of undertaking has been established in relation to eight 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. F. AMENDMENT OF THE ANNEXES TO REGU- LATION (EC) No 1890/97 AND REGULATION (EC) No 1891/97 (21) The Annexes to Regulations (EC) No 1890/97 and (EC) No 1891/97, exempting the parties listed therein from the duty, as last amended by Regula- tion (EC) No 2678/98, should be amended so as to remove the exemption from the companies listed in Annex I hereto and from Fonn Egersund AS, Article 3 The amounts secured by way of the provisional anti- dumping and countervailing duties imposed by Commis- sion Regulation (EC) No 2249/98 in relation to imports of 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. Article 4 This Regulation shall enter into force on the day following that of 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 Brussels, 8 February 1999. For the Council The President O. LAFONTAINE L 37/4 EN Official Journal of the European Communities 11. 2. 1999 ANNEX I List of companies subject to definitive anti-dumping and countervailing duties UT No Company name TARIC additional code 84 86 90 117 129 149 166 177 Langfjord Laks AS Leonhard Products AS Marex AS NorMan Trading AS Notfisk Arctic AS Salomega AS Skarpsno Mat Svenodak AS 8116 8423 8326 8230 8234 8260 8277 8288 11. 2. 1999 EN Official Journal of the European Communities L 37/5 ANNEX II List of the 119 companies exempted from the definitive anti-dumping and countervailing duties imposed by Regulations (EC) No 1890/97 and (EC) No 1891/97, as from the date of entry into force of Regulation (EC) No 297/1999 Undertaking No Company name TARIC additional code 1 3 5 7 8 11 13 14 15 16 17 20 21 22 23 24 26 27 28 30 31 32 33 35 36 39 41 42 43 44 46 47 48 50 51 52 53 58 A. Ovreskotnes AS Agnefest Seafood Alsvag Fiskeprodukter A/S 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 Brødrene Remo 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 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 Grieg Seafood AS 8095 8325 8098 8100 8101 8109 8111 8112 8113 8114 8115 8118 8119 8120 8121 8122 8124 8125 8126 8128 8129 8130 8131 8133 8134 8136 8138 8139 8140 8141 8143 8144 8145 8147 8148 8149 8150 8300 L 37/6 EN Official Journal of the European Communities 11. 2. 1999 Undertaking No Company name TARIC additional code 60 61 62 65 66 67 72 75 76 77 79 80 82 83 85 87 92 93 96 98 99 100 101 104 105 107 108 111 112 113 114 115 116 119 120 121 122 123 124 126 128 130 134 Haafa fisk AS Hallvard Lerøy AS Herøy Filetfabrikk AS Hitramat & Delikatesse 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 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 Norwell AS Nova Sea AS Ok-Fish Kvalheim AS 8302 8303 8304 8154 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 8316 8235 8239 11. 2. 1999 EN Official Journal of the European Communities L 37/7 Undertaking No Company name TARIC additional code 137 140 141 142 144 145 146 147 148 151 153 154 155 156 157 158 159 160 161 162 164 165 167 168 171 172 174 175 176 178 180 182 183 187 188 189 190 191 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 Saga Lax Nord A/S Sangoltgruppa 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 Seanor AS Sekkingstad AS Sirena Norway AS Kinn Salmon AS SL Fjordgruppen AS SMP Marine Produkter AS Stavanger Røkeri 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 8242 8247 8248 8251 8254 8256 8257 8258 8259 8262 8264 8265 8266 8267 8268 8269 8270 8271 8272 8273 8275 8276 8278 8279 8282 8283 8285 8286 8287 8289 8294 8298 8317 8321 8322 8323 8324 8102