Judgment — ECLI:EU:C:2010:68
Date: 2010-02-11
Language of the case: German
Court formation: Third Chamber
Subject matter: Dumping;External relations;Free movement of goods;Commercial policy;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Origin of goods – Determination – Substantial processing or working – Meaning (Council Regulation No 2913/92, Art. 24) 2. Common commercial policy – Protection against dumping – Validity of Regulation No 398/2004 – Expiry review procedure – Distinction as against initial investigation (Council Regulation No 384/96, Arts 5 and 11(2)) 3. Common commercial policy – Protection against dumping – Validity of Regulation No 398/2004 – Expiry review procedure under Article 11(2) of Regulation No 384/96 – Whether possible to maintain or repeal the anti-dumping measure – Prohibition of amending the measure (Council Regulation No 384/96, Art. 11(2) and (6)) 1. The separation, crushing and purification of silicon metal blocks and the subsequent sieving, sorting and packaging of the silicon grains resulting from the crushing do not constitute origin-conferring processing or working for the purposes of Article 24 of Regulation No 2913/92 establishing the Community Customs Code, since they do not alter the properties or composition of the product. (see para. 55, operative part 1) 2. There is an objective difference between the initial investigation to determine the existence of dumping and the review of an anti-dumping measure about to expire. Whereas imports subject to a review proceeding are those on which definitive anti-dumping duties have already been imposed and in respect of which sufficient evidence has generally been adduced to establish that the expiry of those measures would be likely to result in a continuation or recurrence of dumping and injury, on the other hand, where imports are subject to an initial investigation, the purpose of that investigation is precisely to determine the existence, degree and effect of any alleged dumping. (see paras 65-66) 3. For the purposes of a review of anti-dumping measures which are about to expire, carried out under Article 11(2) of Regulation No 384/96 on protection against dumped imports from countries not members of the European Community, as amended by Regulation No 461/2004, the Community authorities may only either maintain those measures if their expiry would be likely to lead to a continuation or recurrence of dumping and injury, or, if not, repeal them. By contrast, a review under that provision of measures about to expire cannot lead to their amendment. It follows that since the Community authorities concluded, as a result of that review, that the expiry of the anti-dumping measures would probably lead to the recurrence of injury, Regulation No 398/2004 imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China is valid in that it maintains the rate of anti-dumping duty. (see paras 76-78)