Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of farmed salmon originating in Norway

(2008/C 181/09)

The Commission has decided on its own initiative to initiate 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 Community (1) (‘the basic Regulation’). The review is limited to the examination of the product scope as regards the clarification of whether certain product types fall within the scope of the measures on farmed salmon.

1.   Product

The product under review is farmed (other than wild) salmon whether or not filleted, fresh, chilled or frozen, originating in Norway (‘the product concerned’), currently classifiable within CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00, ex 0304 19 13 and ex 0304 29 13. These CN codes are given only for information.

2.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 85/2006 of 17 January 2006 on imports of farmed salmon originating in Norway (2).

3.   Grounds for the review

The Tallinn Administrative Court has applied to the European Court of Justice for a preliminary ruling on the question whether frozen backbones (bones with fish meat) of salmon fall within one of the Taric codes mentioned in Article 1 of Regulation (EC) No 85/2006 imposing a definitive anti-dumping duty on imports of farmed salmon originating in Norway, and on the subsequent question regarding the implications of this classification for the anti-dumping measures. Article 1 of the above mentioned Regulation imposes measures at different levels depending on the presentations of the product concerned. One of these presentations is ‘other farmed salmon (including gutted, head off), fresh, chilled or frozen’. The Commission has decided on its own initiative that the product scope of the anti-dumping measures should be clarified as far as the above mentioned presentation is concerned (including the same backbones, fresh or chilled), so that it is made clear whether frozen backbones of salmon fall within the definition of the product concerned.

Therefore it is appropriate to review the case as far as the scope of the product definition is concerned with the decision thereon possibly having retroactive effect as of the date of imposition of the relevant measures. All operators, and in particular importers are invited to make their views known on this issue, and submit any evidence supporting those views.

4.   Procedure

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 the examination of the product scope.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry, to other known producers in the Community, to known importers, to known users, to known exporting producers in Norway and to the authorities of that country. This information and supporting evidence should reach the Commission within the time limit set in point 5(a).

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information, including 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 5(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 5(b).

5.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

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.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

6.   Written submissions, questionnaire replies and correspondence

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 and/or telex 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’ (3) 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:

7.   Non-co-operation

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, provisional or final 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 and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on best facts available, in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

8.   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.

9.   Other interim reviews under Article 11(3) of the basic Regulation

The scope of the current review is as set out in point 3 above. Any party wishing to claim a review on the basis of other grounds may do so in accordance with the provisions of Article 11(3) of the basic Regulation.

The present product scope review has no effect on the period of application of the current anti-dumping measures.

10.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).

11.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits, and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  OJ L 15, 20.1.2006, p. 1.

(3)  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 European 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).

(4)  OJ L 8, 12.1.2001, p. 1.