Judgment of the General Court (Seventh Chamber) of 24 September 2019.Hubei Xinyegang Special Tube Co. Ltd v European Commission.Dumping — Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China — Definitive anti-dumping duty — Injury — Price undercutting — Causal link.Case T-500/17.

Judgment of the General Court (Seventh Chamber) of 24 September 2019 –Hubei Xinyegang Special Tube v Commission

(Case T‑500/17)

(Dumping — Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China — Definitive anti-dumping duty — Injury — Price undercutting — Causal link)

1. Common commercial policy — Protection against dumping — Imposition of an anti-dumping duty — Condition — Injury — Determination –Effect of imports on the prices of like products on the Union market — Calculation of the undercutting margin — Discretion of the Commission — Judicial review — Limits

(European Parliament and Council Regulation 2016/1036, Arts 1 (1) and (4) and 3 (2), (3), (6) and (8))

(see paras 30-36)

2. Common commercial policy — Protection against dumping — Injury — Establishing a causal link — Factors to be taken into consideration — Discretion of the Commission

(European Parliament and Council Regulation 2016/1036, Arts 1 (4) and 3 (2), (3), (6) and (8); Commission Regulation 2017/804, Recitals 22, 24 and 27)

(see paras 32, 56-58, 61-63, 71, 76, 86, 88)

3. Action for annulment — Natural or legal persons — Interest in bringing proceedings — Need for a vested and present interest — Assessment at the time when the action was brought — Action capable of securing a benefit for the applicant — Burden of proof

(Art. 263, fourth para. TFEU)

(see para. 43)

4. Common commercial policy — Protection against dumping — Investigation — Reference period to take into account — Discretion of the Commission

(European Parliament and Council Regulation 2016/1036, Art. 6(1))

(see paras 49-52)

5. International agreements — World Trade Organisation — Jurisdiction of the Court — Interpretation of EU acts in the light of the WHO agreements

(Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-Dumping Agreement’; European Parliament and Council Regulation 2016/1036, Art. 3(2) and (3))

(see paras 53, 54)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the People’s Republic of China (OJ 2017 L 121, p. 3), in so far as it concerns the applicant.

Operative part

The Court:

1. Annuls Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the People’s Republic of China in so far as it concerns the products produced by Hubei Xinyegang Special Tube Co. Ltd;

2. Orders the European Commission to bear its own costs and to pay those incurred by Hubei Xinyegang Special Tube;

3. Orders ArcelorMittal Tubular Products Roman SA, Válcovny trub Chomutov a.s. and Vallourec Deutschland GmbH to bear their own costs.