**Judgment of the General Court (Fourth Chamber) of 8 November 2011 – Zhejiang Harmonic Hardware Products v Council**

**(Case T-274/07)**

Dumping – Imports of ironing boards originating in the People’s Republic of China and Ukraine – Market economy treatment – Rights of the defence – Offer of price undertakings – Confidential treatment of the complainants’ identity

1.                     *Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Investigation
– Refusal to grant market economy treatment – Rectification of the Commission’s position in the final information document
– Possibility of the Commission subsequently returning to its initial decision, in the absence of new factors – Lawfulness
– Conditions (Council Regulation No 384/96, Arts 2(7)(c), second para., and 20) (see paras 37-41, 45, 48, 51-52)*

2.                     *Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Communication by
the Commission of final information to the undertakings – Legal nature (Council Regulation No 384/96, Art. 20(1), (2), (4)
and (5)) (see paras 47-50)*

3.                     *Common commercial policy – Protection against dumping – Anti-dumping proceeding – Access to the file – Confidential treatment
of the matters in a complaint – Conditions (Council Regulation No 384/96, Art. 19(1) and (2)) (see paras 57-61)*

4.                     *Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Communication by
the Commission of final information to the undertakings – Transmission to the Council of the Commission’s proposal for definitive
measures less than 10 days after that communication – Irregularity – Consequences for the validity of the regulation adopted
by the Council (Council Regulation No 384/96, Art. 20(5)) (see paras 70-74, 76-90)*

5.                     *Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Possibility of exporters
offering undertakings within the time-limit laid down by Article 20(5) of Regulation No 384/96 submitting observations – Non-compliance
with the time-limit by the Commission – Irregularity (Council Regulation No 384/96, Arts 8 and 20(5)) (see paras 94-96)*

**Re:**

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| | ACTION for annulment of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine (OJ 2007 L 109, p. 12), in so far as it imposes an anti-dumping duty on imports of ironing boards manufactured by the applicant. |

**Operative part**

The Court:

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| 1. | | Annuls Articles 1 and 2 of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine, in so far as they impose a definitive anti-dumping duty and collect definitively the provisional duty on ironing boards manufactured by Zhejiang Harmonic Hardware Products Co. Ltd; |

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| --- | --- | --- |
| 2. | | Orders the Council of the European Union to bear its own costs and to pay those incurred by Zhejiang Harmonic Hardware Products; |

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| 3. | | Orders the European Commission, Vale Mill (Rochdale) Ltd, Pirola SpA and Colombo New Scale SpA to bear their own costs. |