Case T-408/06: Action brought on 21 December 2006 — Wenzhou Taima Shoes v Council
Date: 2007-02-24
Institutions: Court of First Instance
Subjects: China, Council of the European Union, Viet Nam, action for annulment (EU), anti-dumping duty, footwear industry, import (EU), leather, originating product

24.2.2007

EN

Official Journal of the European Union

C 42/39

Pleas in law and main arguments

Form of order sought

The applicant, who is a Chinese producer and exporter of
leather footwear, seeks the annulment of Council Regulation
(EC) No 1472/2006 of 5 October 2006 imposing a definitive
anti-dumping duty and collecting definitely the provisional duty
imposed on imports of certain footwear with uppers of leather
originating in the People's Republic of China and Vietnam (1).

In support of its application, the applicant invokes nine pleas in
law of which the first five relate to the lack of competence,
infringement of essential procedural requirements laid down in
the Basic Regulation (2) and infringement of the principles of
legitimate expectations, rights of defence and equal treatment.

Furthermore, the applicant submits that there has been an erro-
neous and discriminatory calculation of the dumping margin
applied to the applicant and that the contested regulation is
vitiated by a manifest error of assessment in respect of the
extent and duration of the injury relied on to justify the imposi-
tion of duties on the applicant.

the applicant contends that

the Commission has
Moreover,
infringed Article 20 of the Basic Regulation in failing to give
proper disclosure to the applicant
the radical
change of the definitive measures proposed by the Commission
between 7 July and 28 July 2006.

in respect of

the applicant alleges

Finally,
the contested regulation
infringes Article 2(10) of the Basic Regulation in respect of the
need to make a ‘fair comparison’ between the export price and
the normal value when assessing the dumping margin.

that

(1) OJ 2006 L 275, p. 1.
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1).

Action brought on 21 December 2006 — Wenzhou Taima
Shoes v Council

(Case T-408/06)

(2007/C 42/68)

Language of the case: English

Parties

Applicant: Wenzhou Taima Shoes Co., Ltd (Yang Yi, China)
(represented by: I. MacVay, solicitor, R. Thompson, QC, and K.
Beal, barrister)

Defendant: Council of the European Union

— The contested regulation be annulled in so far as it applies

to the applicant;

— the defendant meet the applicant's costs of these proceed-

ings.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are identical
to those relied on in Case T-407/06 Zhejiang
Aokang Shoes v Council.

Action brought on 21 December 2006 — Sun Sang Kong
Yuen Shoes Factory v Council

(Case T-409/06)

(2007/C 42/69)

Language of the case: English

Parties

Applicant: Sun Sang Kong Yuen Shoes Factory (Hui Yang) Co.,
Ltd (Xin Xu, China)
I. MacVay, solicitor, R.
(represented by:
Thompson, QC, and K. Beal, barrister)

Defendant: Council of the European Union

Form of order sought

— The contested regulation be annulled in so far as it applies

to the applicant;

— the defendant meet the applicant's costs of these proceed-

ings.

Pleas in law and main arguments

The applicant, who is a Chinese producer and exporter of
leather footwear, seeks the annulment of Council Regulation
(EC) No 1472/2006 of 5 October 2006 imposing a definitive
anti-dumping duty and collecting definitely the provisional duty
imposed on imports of certain footwear with uppers of leather
originating in the People's Republic of China and Vietnam (1).

In support of its application, the applicant invokes six pleas in
law claming that:

— the contested regulation is vitiated by a manifest error of
assessment or infringes essential procedural requirements
and the principle of equal treatment in failing to conclude
that the applicant operated under market economy condi-
tions (2);