Judgment of the General Court (Second Chamber) of 23 April 2018 –

Shanxi Taigang Stainless Steel v Commission

(Case T‑675/15)

(Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Implementing Regulation (EU) 2015/1429 — Article 2(7)(a) of Regulation (EC) No 1225/2009 (now Article 2(7)(a) of Regulation (EU) 2016/1036) — Normal value — Selection of the appropriate third country — Adjustments — Article 2(10)(k) of Regulation No 1225/2009 (now Article 2(10)(k) of Regulation 2016/1036) — Calculation of the dumping margin — Adjustments — Article 3(2), (6) and (7) of Regulation No 1225/2009 (now Article 3(2), (6) and (7) of Regulation 2016/1036) — Injury — Causal link)

1. Common commercial policy—Protection against dumping—Dumping margin—Determination of the normal value—Imports from non-market economy countries—Reference to the price of a third country with a market economy—Choice of a similar country—Discretion of the institutions—Judicial review—Scope (Council Regulation No 1225/2009, Art. 2(7)(a)) (see paras 29-32)

2. Common commercial policy—Protection against dumping—Dumping margin—Determination of the normal value—Imports from non-market economy countries—Reference to the price of a third country with a market economy—Choice of a similar country—Determination in an appropriate and not unreasonable manner—Criteria to be used in the choice of a reference country (Council Regulation No 1225/2009, Art. 2(7)(a)) (see paras 30, 33-37, 42-49, 52-56)

3. Common commercial policy—Protection against dumping—Dumping margin—Determination of the normal value—Imports from non-market economy countries—Reference to the price of a third country with a market economy—Criteria to be used in constructing the normal value (Council Regulation No 1225/2009, Art. 2(7)(a)) (see paras 59-66)

4. Common commercial policy—Protection against dumping—Dumping margin—Comparison between the normal value and the export price—Adjustments—Burden of proof (Council Regulation No 1225/2009, Art. 2(10)) (see paras 70-75)

5. Common commercial policy—Protection against dumping—Injury—Factors to be taken into consideration—Impact of the dumping on EU production—Discretion of the institutions—Judicial review—Limits—Manifest error of assessment—Burden of proof (Council Regulation No 1225/2009, Art. 3(2) to (6)) (see paras 82-101)

6. Common commercial policy—Protection against dumping—Injury—Factors to be taken into consideration—Impact of the dumping on EU production—Existence of factors and indicators showing a positive tendency—Fact not excluding the conclusion that significant injury caused to the EU industry (Council Regulation No 1225/2009, Art. 3(5) and (6)) (see paras 93-95)

7. Common commercial policy—Protection against dumping—Injury—Establishing a causal link—Obligations of the institutions—Taking into account of matters extraneous to the dumping—Relevance of such factors for establishing the causal link—Judicial review—Manifest error of assessment—Burden of proof (Council Regulation No 1225/2009, Art. 3(7)) (see paras 107-130)

Re:

Application pursuant to Article 263 TFEU seeking the annulment in part of Commission Implementing Regulation (EU) 2015/1429 of 26 August 2015 imposing a definitive anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan (OJ 2015 L 224, p. 10).

Operative part

The Court:

1. Dismisses the action;