52001XC0704(02)

Notice of initiation of an interim review of the anti-dumping and anti-subsidy measures applicable to imports of farmed Atlantic salmon originating in Norway

(2001/C 188/04)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96(1), as last amended by Regulation (EC) No 2238/2000(2), (the "Basic Anti-dumping Regulation") and Article 19(1) of Council Regulation (EC) No 2026/97(3) (the "Basic Anti-subsidy Regulation") of the measures imposed on imports of farmed Atlantic salmon originating in Norway.

1. Request for review

The request was made by the Norwegian company Gje-Vi AS ("the Applicant") and is limited in scope to an examination of the form of the anti-dumping and anti-subsidy measures, in so far as they relate to that company.

2. Product

The product concerned is farmed Atlantic salmon originating in Norway currently classifiable within CN codes ex 0302 12 00 (Taric-codes 0302 12 00 21, 0302 12 00 22, 0302 12 00 23 and 0302 12 00 29 ), ex 0303 22 00 (Taric codes 0303 22 00 21, 0303 22 00 22, 0303 22 00 23 and 0303 22 00 29 ), ex 0304 10 13 (Taric codes 0304 10 13 21 en 0304 10 13 29 ), ex 0304 20 13 (Taric codes 0304 20 13 21 and 0304 20 13 29 ).

3. Existing measures

Definitive anti-dumping and countervailing duties were imposed on the product concerned by Council Regulations (EC) No 1890/97(4) and (EC) No 1891/97(5). The form of the duties set out in these two Regulations was, however, later reviewed, with both Regulations being replaced by Council Regulation (EC) No 772/1999(6).

At the same time as definitive duties were imposed, price undertakings were also accepted from 19 Norwegian exporters (of which the Applicant was one), by Commission Decision 97/634/EC(7). By offering undertakings, the companies agreed to respect certain minimum import prices for the product concerned and to provide the Commission, within due deadlines, periodic reports of their sales to the Community.

Due to the late receipt of a sales report, a breach of the terms of the Applicant's undertaking was deemed to have occurred. Acceptance thereof was withdrawn by Commission Regulation (EC) No 651/98(8), with definitive anti-dumping and countervailing duties imposed in its place by Council Regulation (EC) No 772/98(9).

4. Grounds for the review

The applicant has provided sufficient evidence of a significant change in circumstances since the imposition of duties against its exports to the Community, particularly with regard to its internal reorganisation. The applicant now wishes to offer again a price undertaking and submits that, in view of these changes, such an undertaking would be effective and practicable. On this basis, the current form of the measure would appear to be no longer necessary to effectively remove the injurious effects of dumping and subsidisation, an undertaking being adequate.

5. Procedure

Having determined that sufficient evidence exists for the initiation of a partial interim review for Gje-Vi AS, and having consulted the Advisory Committee, the Commission hereby initiates a review pursuant to Article 11(3) of the Basic Anti-dumping Regulation and Article 19(1) of the Basic Anti-subsidy Regulation.

This review is limited in scope to an examination of whether a new undertaking can be accepted from this company.

(a) Questionnaire

In order to obtain the information it deems necessary, the Commission will send a questionnaire to the Applicant.

The time limit for the receipt of the completed reply to this questionnaire is given in point 6.

(b) Collection of information and holding of hearings

All interested parties, provided they can show that they are likely to be affected by the results of such an examination, are hereby invited to make their views known and provide supporting evidence.

Furthermore, the Commission may hear interested parties, provided they make a request in writing and show why there are particular reasons why they should be heard.

Any submission or request for a hearing must be made in writing to the address mentioned below and should indicate the name, address, fax and/or telephone numbers of the interested parties.

6. Time limit

All interested parties, if their representations are to be taken into account in the review, must make themselves known, present their views in writing and submit information within 40 days from the date of publication of this notice in the Official Journal of the European Communities. Interested parties may also apply to be heard within the same time limit.

It is therefore in the interest of these parties to contact the Commission without delay at the following address: European Commission Directorate General for Trade

Directorate C

TERV 0/24

Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05.

7. Non-cooperation

In cases in which an 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 Anti-dumping Regulation, and Article 28 of the basic Anti-subsidy Regulation, on the basis of the facts available.

Where it is found that any party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 257, 11.10.2000, p. 2.

(3) OJ L 288, 21.10.1997, p. 1.

(4) OJ L 267, 30.9.1997, p. 1.

(5) OJ L 267, 30.9.1997, p. 19.

(6) OJ L 101, 16.4.1999, p. 1, as last amended by Regulation (EC) No 2606/2000 (OJ L 301, 30.11.2000, p. 61).

(7) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision 2000/744/EC (OJ L 301, 30.11.2000, p. 82).

(8) OJ L 88, 24.3.1998, p. 31.

(9) OJ L 111, 9.4.1998, p. 10.