Case T-409/06: Action brought on 21 December 2006 — Sun Sang Kong Yuen Shoes Factory 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);

C 42/40

EN

Official Journal of the European Union

24.2.2007

— by refusing the applicant market economy treatment, the
Commission breached Article 3 of the Basic Regulation and
made a manifest error of assessment
in failing to take
account of relevant information concerning the structure of
the market and in particular the important role played by
independent intermediaries in the supply of products manu-
factured by the applicant;

— the Commission acted outside the scope of Article 18(1) of
the Basic Regulation and breached the applicant's rights of
defence;

— the Commission infringed Article 20 of the Basic Regulation
in failing to give proper disclosure to the applicant
in
the definitive measures
respect of
proposed by the Commission between 7 July and 28 July
2006;

the radical change of

— 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 imposition of duties on the
applicant; and

— 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 asses-
sing the dumping margin.

(1) OJ 2006 L 275, p. 1.
(2) See Article 2(7)(b) and (c) of 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 — Foshan City
Nanhai Golden Step Industrial v Council

(Case T-410/06)

(2007/C 42/70)

Language of the case: English

— order the Council to meet the applicant's costs of these

proceedings.

Pleas in law and main arguments

By the present application,
the applicant seeks annulment,
pursuant to Article 230 EC, of the contested regulation to the
imposes definitive anti-dumping duties on its
extent
exports to the European Union.

that

it

The applicant advances four pleas in law in support of
claims:

its

— The applicant submits that the Commission's calculation of
the profit margin to be used for the constructed value of the
applicant's normal value is vitiated by a manifest error and/
or infringes its rights of defence.

— Furthermore,

the applicant claims that

the Commission
allegedly breached the requirements of Article 3 of the Basic
Regulation and/or made a manifest error of assessment in
failing to take account of relevant information concerning
the structure of the market, and in particular the important
role played by independent intermediaries in the supply of
products manufactured by the applicant.

— According to the applicant, the Commission has further
infringed Article 20 of the Basic Regulation and/or essential
procedural requirements and/or
its rights of defence in
failing to give proper disclosure in respect of the radical
amendment of
the definitive measures proposed by the
Commission between 7 July and 28 July 2006.

— Finally, the applicant contends that the contested regulation
is further vitiated by a manifest error of assessment
in
respect of the extent and duration of the injury relied on to
justify a determination of material injury and the imposition
of duties on the applicant.

Action brought on 22 December 2006 — SO.GE.L.M.A. v
EAR

Parties

Applicant: Foshan City Nanhai Golden Step Industrial Co. Ltd
I. MacVay, solicitor, R.
(Hong Kong, China)
Thompson, QC and K. Beal, barrister)

(represented by:

Defendant: Council of the European Union

Parties

(Case T-411/06)

(2007/C 42/71)

Language of the case: Italian

Form of order sought

Applicant: SO.GE.L.M.A.
Cappelli, P. De Caterini, A. Bandini and A. Gironi, avvocati)

(Scandicci,

(represented by: E.

Italy)

— Annul Council Regulation (EC) No 1472/2006 insofar as it

applies to the applicant;

Defendant: European Agency for Reconstruction