Legal provisions of COM(2005)688 - Definitive anti-dumping duty on imports of farmed salmon from Norway - Main contents
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| dossier | COM(2005)688 - Definitive anti-dumping duty on imports of farmed salmon from Norway. |
|---|---|
| document | COM(2005)688  |
| date | January 17, 2006 |
Article 1
2. Wild salmon shall not be subject to the definitive anti-dumping duty. For the purpose of this Regulation, wild salmon shall be that in respect of which the competent authorities of the Member State, where the customs declaration for free circulation is accepted, are satisfied, by means of all appropriate documents to be provided by interested parties, that it was caught at sea for Atlantic or Pacific salmon or in rivers for Danube salmon.
3. The amount of the definitive anti-dumping duty in respect of Nordlaks Oppdrett AS shall be:
| Company | Definitive duty | TARIC additional code |
| Nordlaks Oppdrett AS, Boks 224, N-8455 Stokmarknes | 0,0 % | A707 |
4. For all other companies (TARIC additional code A999), the amount of the definitive anti-dumping duty shall be the difference between the minimum import price fixed in paragraph 5 and the net free-at-Community-frontier price, before duty, if the latter is lower than the former. No duty shall be collected where the net free-at-Community-frontier price is equal to or higher than the corresponding minimum import price fixed in paragraph 5.
5. For the purpose of paragraph 4, the minimum import price set out in column 2 in the table below shall apply. Where it is found following post-importation verification that the net free-at-Community-frontier price actually paid by the first independent customer in the Community (post-importation price) is below the net free-at-Community-frontier price, before duty, as resulted from the customs declaration and the post-importation price is lower than the minimum import price, the fixed anti-dumping duty set out in column 3 of the table below shall apply, unless the application of the fixed duty set out in column 3 plus the post-importation price lead to an amount (price actually paid plus fixed duty) which remains below the minimum import price set out in column 2 in the table below. In such a case, an amount of duty equivalent to the difference between the minimum import price set out in column 2 in the table below and the post-importation price shall apply. Where such fixed anti-dumping duty is collected retrospectively, it shall be collected net of any anti-dumping duty previously paid, calculated on the basis of the minimum import price.
| Presentation of farmed salmon | Minimum import price EUR/kg net product weight | Fixed duty EUR/kg net product weight | TARIC code |
| Whole fish, fresh, chilled or frozen | 2,80 | 0,40 | 0302120012, 0302120033, 0302120093, 0303110093, 0303190093, 0303220012, 0303220083 |
| Gutted, head-on, fresh, chilled or frozen | 3,11 | 0,45 | 0302120013, 0302120034, 0302120094, 0303110094, 0303190094, 0303220013, 0303220084 |
| Other (including gutted, head-off), fresh, chilled or frozen | 3,49 | 0,50 | 0302120015, 0302120036, 0302120096, 0303110018, 0303110096, 0303190018, 0303190096, 0303220015, 0303220086 |
| Whole fish fillets and fillets cut in pieces, weighing more than 300 g per fillet, fresh, chilled or frozen, skin on | 5,01 | 0,73 | 0304101313, 0304101394, 0304201313, 0304201394 |
| Whole fish fillets and fillets cut in pieces, weighing more than 300 g per fillet, fresh, chilled or frozen, skin off | 6,40 | 0,93 | 0304101314, 0304101395, 0304201314, 0304201395 |
| Other whole fish fillets and fillets cut in pieces, weighing 300 g or less per fillet, fresh, chilled or frozen | 7,73 | 1,12 | 0304101315, 0304101396, 0304201315, 0304201396 |
6. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 (7), the amount of anti-dumping duty, calculated on the basis of paragraph 4 and 5 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
7. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 1010/2005 on imports of farmed salmon originating in Norway shall be definitively collected in accordance with the following rules:
| (a) | the amounts secured in excess of the definitive duties shall be released; |
| (b) | where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected. |
Article 3
This Regulation shall be binding in its entirety and directly applicable in all Member States.