Judgment of the General Court (First Chamber) of 13 April 2011 – Far Eastern New Century v Council

(Case T-167/07)

Dumping – Imports of polyethylene terephthalate originating in Taiwan – Determination of the dumping margin – Asymmetrical method of calculation – Export pricing pattern differing according to purchasers and time periods – Full degree of dumping margin not capable of being reflected by symmetrical methods of calculation – Duty to state reasons

1. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Use of the asymmetrical method – Conditions – Existence of differences at the export price level – Differences according to purchasers, regions or periods – Whether existence of the difference sufficient (Council Regulation No 384/96, Art. 2(11)) (see paras 62, 94, 97)

2. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Use of the asymmetrical method – Conditions – Existence of differences at the export price level – Difference in pricing pattern between different periods – Criteria for assessment – Taking into account of internal prices – Not included (Council Regulation No 384/96, Art. 2 (11)) (see paras 62, 71-74, 94)

3. Common commercial policy – Protection against dumping – Dumping margin – Choice between various calculation methods – Use of the asymmetrical method – Discretion of the institutions – Judicial review – Limits (Council Regulation No 384/96, Art. 2(11)) (see para. 64)

4. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing anti-dumping duties – Decision to apply the asymmetrical method for calculation of the dumping margin (Art. 253 EC; Council Regulation No 384/96, Arts 2(11), 9(4) and 21) (see paras 103-106, 125-127)

5. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Use of the asymmetrical method – Conditions – Symmetrical methods not capable of reflecting the full extent of the dumping – Asymmetrical method obtaining a higher dumping margin than that obtained by the symmetrical method – Effect (Council Regulation No 384/96, Art. 2(11)) (see paras 108-111)

6. Common commercial policy – Protection against dumping – Dumping margin – Use of the asymmetrical method – Application of the reduction to zero mechanism – Lawfulness (Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Antidumping Code’, Art. 2.4.2; Council Regulation No 384/96, Art. 2(11)) (see paras 153-154, 156-158)

Re:

APPLICATION for annulment of Council Regulation (EC) No 192/2007 of 22 February 2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review pursuant to Article 11(2) and Article 11(3) of Regulation (EC) No 384/96 (OJ 2007 L 59, p. 1).

Operative part

The Court:

1. Dimisses the action;

2. Orders Far Eastern New Century Corp. to bear its own costs, together with those incurred by the Council of the European Union;