Judgment — ECLI:EU:C:2010:596
Date: 2010-10-07
Language of the case: Latvian
Court formation: Fifth Chamber
Subject matter: Dumping;External relations;Free movement of goods;Commercial policy;Common customs tariff;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Latvia

Summary of the Judgment 1. Common Customs Tariff – Tariff headings (Council Regulation No 2658/87, Art. 2, Annex I; Commission Regulation No 1789/2003) 2. Common commercial policy – Protection against dumping (Council Regulation No 384/96, Art. 14(1)) 1. The Integrated Tariff of the European Communities established by Article 2 of Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version applying in 2004 and 2005, must be interpreted as meaning that ropes and cables of steel, other than stainless steel, not coated or only plated or coated with zinc, with a maximum cross‑sectional dimension exceeding 3 mm but not exceeding 48 mm, not consigned either from Moldova or from Morocco, fall within TARIC codes 7312 10 82 19, 7312 10 84 19 or 7312 10 86 19, depending on their cross-sectional dimension. (see para. 40, operative part 1) 2. Article 14(1) of Regulation No 384/96 on protection against dumped imports from countries not members of the European Community must be interpreted as not precluding legislation of a Member State which provides for the imposition, in the event of an error in the tariff classification of goods imported into the customs territory of the European Union, of a fine equal to the total amount of the anti-dumping duties applicable to those goods, provided that the conditions in accordance with which the amount of the fine is to be set are analogous to those applicable to infringements of national law of a similar nature and importance and which make the penalty effective, proportionate and dissuasive, a matter which it is for the referring court to determine. (see para. 48, operative part 2)