# C_2023223EN.01003201.xml

| 26.6.2023 | EN | Official Journal of the European Union | C 223/32 |
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26.6.2023

EN

Official Journal of the European Union

C 223/32

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Action brought on 14 April 2023 — Hansol Paper v Commission

(Case T-199/23)

(2023/C 223/44)

Language of the case: French

Parties

Applicant: Hansol Paper Co. Ltd (Seoul, South Korea) (represented by: J.-F. Bellis and B. Servais, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the anti-dumping duty imposed by Commission Implementing Regulation (EU) 2023/593 of 16 March 2023 re-imposing a definitive anti-dumping duty on imports of certain lightweight thermal paper originating in the Republic of Korea as regards the Hansol Group and amending the residual duty (OJ 2023 L 79, p. 54), in so far as it concerns the applicant; |
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annul the anti-dumping duty imposed by Commission Implementing Regulation (EU) 2023/593 of 16 March 2023 re-imposing a definitive anti-dumping duty on imports of certain lightweight thermal paper originating in the Republic of Korea as regards the Hansol Group and amending the residual duty (OJ 2023 L 79, p. 54), in so far as it concerns the applicant;

| — | order the European Commission to pay the costs. |
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order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging infringement of Article 2(11) and of the second subparagraph of Article 9(4) of the basic regulation.






  — | According to the applicant, the calculations made by the Commission to calculate, in the contested regulation, the revised anti-dumping duty of EUR 103,16 per tonne net do not correct the weighting error established by the General Court in paragraphs 85 and 86 of its judgment in Case T-383/17 and confirmed by the Court of Justice in paragraphs 62 to 64 of its judgment in Case C-260/20 P, and therefore infringe Article 2(11) and the second subparagraph of Article 9(4) of the basic regulation. |
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1.

First plea in law, alleging infringement of Article 2(11) and of the second subparagraph of Article 9(4) of the basic regulation.

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According to the applicant, the calculations made by the Commission to calculate, in the contested regulation, the revised anti-dumping duty of EUR 103,16 per tonne net do not correct the weighting error established by the General Court in paragraphs 85 and 86 of its judgment in Case T-383/17 and confirmed by the Court of Justice in paragraphs 62 to 64 of its judgment in Case C-260/20 P, and therefore infringe Article 2(11) and the second subparagraph of Article 9(4) of the basic regulation.

| 2. | Second plea in law, alleging infringement of the second subparagraph of Article 2(1) of the basic regulation.






  — | The applicant claims, in this connection, that the method used to calculate the normal value of Artone for a certain product type concerned infringes the second subparagraph of Article 2(1) of the basic regulation in that the Commission constructed the normal value of Artone for that product type, instead of basing the normal value on the prices of the applicant’s domestic sales in the ordinary course of trade for that product type within the meaning of the second subparagraph of Article 2(1) of the basic regulation. |
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2.

Second plea in law, alleging infringement of the second subparagraph of Article 2(1) of the basic regulation.

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The applicant claims, in this connection, that the method used to calculate the normal value of Artone for a certain product type concerned infringes the second subparagraph of Article 2(1) of the basic regulation in that the Commission constructed the normal value of Artone for that product type, instead of basing the normal value on the prices of the applicant’s domestic sales in the ordinary course of trade for that product type within the meaning of the second subparagraph of Article 2(1) of the basic regulation.

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