Judgment of the General Court (Sixth Chamber) of 15 October 2020.Zhejiang Jiuli Hi-Tech Metals Co. Ltd v European Commission.Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in China – Imposition of a definitive anti-dumping duty – Rights of the defence – Calculation of the dumping margin – Analogue country – Injury – Causal link.Case T-307/18.

Judgment // 15/10/2020 // 4 min read
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Judgment of the General Court (Sixth Chamber) of 15 October 2020 –Zhejiang Jiuli Hi-Tech Metals v Commission

(Case T‑307/18)

(Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in China – Imposition of a definitive anti-dumping duty – Rights of the defence – Calculation of the dumping margin – Analogue country – Injury – Causal link)

  1. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Obligation of the institutions to provide information – Scope – Final disclosure to the undertakings – Presentation of the essential facts and considerations justifying the adoption of definitive measures – Possibility for the undertakings concerned effectively to make their views known

(European Parliament and Council Regulation 2016/1036, Arts 19 and 20)

(see paras 80-86, 110, 116, 124)

  1. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Obligation of the institutions to provide information – Scope – Lack of specific information – Obligation of the parties concerned to make a specific request in that regard during the investigation procedure

(European Parliament and Council Regulation 2016/1036, Art. 20)

(see para. 130)

  1. Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Imports from non-market economy countries – Reference to the price of a third country with a market economy – Commission’s obligation to carry out verification visits in the third country – Limits – Investigations in third countries subject to the agreement of the undertakings concerned

(European Parliament and Council Regulation 2016/1036, Art. 16(1) and (2))

(see paras 133-135)

  1. International agreements – Agreement establishing the World Trade Organisation – GATT 1994 – Not possible to invoke WTO agreements to challenge the legality of an EU measure – Exceptions – No EU measure intended to ensure its implementation or referring thereto expressly and precisely

(Protocol on the Accession of China to the WTO, Section 15; Regulation of the European Parliament and of the Council 2016/1036, Arts 2(7) and 22(a))

(see paras 156-161)

  1. Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Imports from non-market economy countries – Reference to the price of a third country with a market economy – Choice of a similar country – Discretion of the institutions – Judicial review – Scope

(European Parliament and Council Regulation 2016/1036, Art. 2(7)(a))

(see paras 163-178)

  1. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Discretion of the institutions – Judicial review – Scope

(European Parliament and Council Regulation 2016/1036, Art. 2(10))

(see paras 188-211)

  1. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Obligation to take into account all export transactions relating to the product under consideration – No comparable prices for certain types of the product under consideration – Adjustments

(European Parliament and Council Regulation 2016/1036, Art. 2(10) and (11))

(see paras 225-229, 258)

  1. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Adjustments – Differences in the physical characteristics of the products – Discretion of the institutions – Limits

(European Parliament and Council Regulation 2016/1036, Art. 2(10) and (11))

(see paras 246-252)

  1. Common commercial policy – Protection against dumping – Expiry review procedure – Retaining an anti-dumping measure – Conditions – Continuation or reappearance of the dumping

(European Parliament and Council Regulation 2016/1036, Art. 11(1) to (3))

(see paras 262-269)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2018/330 of 5 March 2018 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China following an expiry review pursuant to Article 11 (2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ 2018 L 63, p. 15), in so far as it concerns the applicant.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Zhejiang Jiuli Hi-Tech Metals Co. Ltd to pay the costs.

Commercial policy , Dumping