Case C-595/11

Steinel Vertrieb GmbH

v

Hauptzollamt Bielefeld

(Request for a preliminary ruling from the Finanzgericht Düsseldorf)

‛Commercial policy — Regulation (EC) No 1470/2001 — Regulation (EC) No 1205/2007 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Definitive anti-dumping duties on imports of fluorescent compact lamps — Applicability of definitive anti-dumping duties to products classed in the tariff subheading referred to in the anti-dumping regulation — Product concerned — Scope’

Summary — Judgment of the Court (Second Chamber), 18 April 2013

Questions referred for a preliminary ruling — Jurisdiction of the national court — Assessment of the need for, and relevance of, the question referred (Art. 267 TFEU) Common commercial policy — Protection against dumping — Imposition of definitive anti-dumping duties — Regulations No 1470/200 and No 1205/2007 — Scope — Product concerned — Compact fluorescent lamps functioning on alternating current falling within subheading ex 8539 31 90 of the Combined Nomenclature — Addition of a twilight switch — Included — Determination by the national court (Council Regulations No 2658/87, as amended by Regulation No 254/2000, Annex I, subheading ex 8539 31 90, No 384/96, Art. 11(2), No 1470/2001, as amended by Regulations No 1322/2006, and No 1205/2007)

See the text of the decision. (see paras 28, 29) Regulation No 1470/2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China, as amended by Regulation No 1322/2006 and Regulation No 1205/2007 imposing anti-dumping duties on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Basic Anti-Dumping Regulation No 384/96 and extending to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines, cover all products bearing the same essential characteristics as those referred to in those regulations and which also fall within Combined Nomenclature code ex 8539 31 90 in Annex I to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Regulation No 254/2000. It is for the national court to assess whether that is the case for the compact fluorescent lamps at issue in spite of the addition of a twilight switch, or whether the compact fluorescent lamps at issue constitute different products on the ground that they bear additional characteristics which are not referred to in those regulations. (see para. 45, operative part)

Case C-595/11

Steinel Vertrieb GmbH

v

Hauptzollamt Bielefeld

(Request for a preliminary ruling from the Finanzgericht Düsseldorf)

‛Commercial policy — Regulation (EC) No 1470/2001 — Regulation (EC) No 1205/2007 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Definitive anti-dumping duties on imports of fluorescent compact lamps — Applicability of definitive anti-dumping duties to products classed in the tariff subheading referred to in the anti-dumping regulation — Product concerned — Scope’

Summary — Judgment of the Court (Second Chamber), 18 April 2013

Questions referred for a preliminary ruling — Jurisdiction of the national court — Assessment of the need for, and relevance of, the question referred (Art. 267 TFEU) Common commercial policy — Protection against dumping — Imposition of definitive anti-dumping duties — Regulations No 1470/200 and No 1205/2007 — Scope — Product concerned — Compact fluorescent lamps functioning on alternating current falling within subheading ex 8539 31 90 of the Combined Nomenclature — Addition of a twilight switch — Included — Determination by the national court (Council Regulations No 2658/87, as amended by Regulation No 254/2000, Annex I, subheading ex 8539 31 90, No 384/96, Art. 11(2), No 1470/2001, as amended by Regulations No 1322/2006, and No 1205/2007)