Keywords

Summary



Keywords

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1 . Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the normal value - Price charged in the ordinary course of trade - Taking account of the specific features of the commercial organization of the manufacturer concerned - Legality

( Council Regulation No 2176/84, Art . 2 ( 3 ) ( a ) )

2 . Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the export price - Taking account of a reasonable profit margin - Association between a manufacturer and an importer within the Community

( Council Regulation No 2176/84, Art . 2 ( 8 ) ( b ) )

3 . Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the normal value and the export price and their comparison - Distinct rules

( Council Regulation No 2176/84, Art . 2 )

4 . Common commercial policy - Protection against dumping practices - Injury - Factors to be taken into consideration - Impact of dumping on Community production - Consideration limited to the most relevant factors - Legality

( Council Regulation No 2176/84, Art . 4 ( 2 ) ( c ) )

5 . Common commercial policy - Protection against dumping practices - Injury - Determination on the basis of a comparison between import prices and the prices of Community products calculated irrespective of fall in the latter as a result of dumping - Legality - Condition

( Council Regulation No 2176/84, Art . 4 )

Summary

1 . Under the procedure for calculating anti-dumping duties, the Community institutions are entitled to take as the normal value of the product the resale price charged on the domestic market of the country of manufacture by the distribution company related to the manufacturer concerned where that company, which the manufacturer controls financially, is entrusted with tasks that are normally the responsibility of an internal sales department of the manufacturing organization .

The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which carries on in that way activities that are in other cases carried on by what is in legal terms as well a single entity .

2 . Where there is an association between a manufacturer and an importer in the Community, the Community institutions are authorized by Article 2 ( 8 ) ( b ) of Regulation No 2176/84, under a procedure for calculating the anti-dumping duty, to disregard, for the purposes of calculating the export price, the price paid for the product by one to the other and to rely upon the price at which the product is first resold to an independent Community buyer, and it is therefore appropriate that the calculation of a "reasonable margin of profit" should be based not on information from the associated importer, which may be influenced by that association, but on information from an independent importer of products of the same type as those dumped .

3 . Under the procedure for calculating anti-dumping duties, there are, for the purpose of establishing the dumping margin, three sets of distinct rules, each of which must be complied with separately, for the respective purposes of determining the normal value, establishing the export price and making the comparison between the two .

4 . Since, in connection with the appraisal of the injury caused by the dumping, the list of economic factors to be taken into consideration in assessing the impact of the dumping on the Community industry set out in Article 4 ( 2 ) ( c ) of Regulation No 2176/84 is merely indicative, the Community institutions are free to take the view that the most relevant factors contained therein are in themselves a sufficient basis for forming a judgment .

5 . Under the procedure for calculating anti-dumping duties, the Community institutions are entitled to determine the injury suffered by Community manufacturers on the basis of a comparison between the prices of imported products, on the one hand, and the prices of similar Community products not at their real level but at the level which they would have reached if there had been no dumping, on the other, where at the time of comparison the prices of the Community products have already been subject over a long period to downward pressure leading to their decline precisely on account of the dumping .