Judgment of the General Court of 4 May 2022 — CRIA and CCCMC v Commission

(Cases T-30/19 and T-72/19) (1)

(Dumping - Subsidies - Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China - Definitive anti-dumping duty - Definitive countervailing duty - Action for annulment - Locus standi - Direct concern - Individual concern - Regulatory act which does not entail implementing measures - Interest in bringing proceedings - Injury to the Union industry - Objective examination - Causal link - Calculation of the price undercutting and the injury margin - Fair comparison of prices - Constructed import prices - Prices charged to first independent buyers - Difference in the level of trade - Complex economic assessments - Intensity of judicial review - Injury indicators - Weighting of the data - Access to non-confidential investigation data - Rights of the defence)

(2022/C 266/23)

Language of the case: English

Parties

Applicants: China Rubber Industry Association (CRIA) (Beijing, China), China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) (Beijing) (represented by: R. Antonini, B. Maniatis and E. Monard, lawyers)

Defendant: European Commission (represented by: M. Gustafsson and G. Luengo, acting as Agents)

Intervener in support of the defendant: Marangoni SpA (Rovereto, Italy) (represented by: C. Bouvarel, A. Coelho Dias and O. Prost, lawyers)

Re:

Application, in Case T-30/19, based on Article 263 TFEU, seeking the partial annulment of Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163 (OJ 2018 L 263, p. 3) and, in Case T-72/19, based on Article 263 TFEU seeking the partial annulment of Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579 (OJ 2018 L 283, p. 1).

Operative part of the judgment

The Court:

1. Joins Cases T-30/19 and T-72/19 for the purposes of judgment;

2. Annuls Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163, in so far as it imposes definitive anti-dumping duties on imports of products manufactured by the following exporting producers: — Chaoyang Long March Tyre Co. Ltd; — Triangle Tyre Co. Ltd; — Shandong Wanda Boto Tyre Co. Ltd; — Qingdao Doublestar Tire Industrial Co. Ltd; — Ningxia Shenzhou Tire Co. Ltd; — Guizhou Tyre Co. Ltd; — Aeolus Tyre Co. Ltd; — Shandong Huasheng Rubber Co. Ltd; — Chongqing Hankook Tire Co. Ltd; — Prinx Chengshan (Shandong) Tire Co. Ltd; — Jiangsu Hankook Tire Co. Ltd; — Shandong Linglong Tire Co. Ltd; — Shandong Jinyu Tire Co., Ltd; — Sailun Jinyu Group Co. Ltd; — Shandong Kaixuan Rubber Co. Ltd; — Weifang Yuelong Rubber Co. Ltd; — Weifang Shunfuchang Rubber And Plastic Products Co. Ltd; — Shandong Hengyu Science & Technology Co. Ltd; — Jiangsu General Science Technology Co. Ltd; — Double Coin Group (Jiang Su) Tyre Co. Ltd; — Hefei Wanli Tire Co. Ltd; — Giti Tire (Anhui) Company Ltd; — Giti Tire (Fujian) Company Ltd; — Giti Tire (Hualin) Company Ltd; — Giti Tire (Yinchuan) Company Ltd; — Qingdao GRT Rubber Co. Ltd;

3. Annuls Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579, in so far as it imposes definitive countervailing duties on imports of products manufactured by the exporting producers listed in paragraph 2 of the operative part of the present judgment, on the one hand, and by Zhongce Rubber Group Co., Ltd, on the other;

4. Rejects the remainder of the heads of claim in the actions;

5. Orders the European Commission to bear its own costs and to pay those incurred by China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC), with the exception of those relating to the interventions;

6. Orders Marangoni SpA to bear its own costs and to pay those incurred by CRIA and CCCMC as a result of the interventions.

(1) OJ C 82, 4.3.2019.