Case T-301/16: Judgment of the General Court of 10 April 2019 — Jindal Saw and Jindal Saw Italia v Commission (Dumping — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/388 — Regulation (EC) No 1255/2009 (replaced by Regulation (EU) 2016/1036) — Dumping margin — Determination of the export price — Association between an exporter and an importer — Reliable export price — Construction of the export price — Reasonable margin for selling, general and administrative costs — Reasonable margin for profit — Injury to the Union industry — Calculation of price undercutting and the injury margin — Causal link — Access to confidential data of the anti-dumping investigation — Rights of the defence)
Date: 2019-04-10
Institutions: General Court
Subjects: India, access to EU information, anti-dumping duty, cast-iron, export price, import (EU), originating product, piping, rights of the defence, tube








C_2019187EN.01006101.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/61






Judgment of the General Court of 10 April 2019 — Jindal Saw and Jindal Saw Italia v Commission
(Case T-301/16) (1)

(Dumping - Imports of tubes and pipes of ductile cast iron originating in India - Implementing Regulation (EU) 2016/388 - Regulation (EC) No 1255/2009 (replaced by Regulation (EU) 2016/1036) - Dumping margin - Determination of the export price - Association between an exporter and an importer - Reliable export price - Construction of the export price - Reasonable margin for selling, general and administrative costs - Reasonable margin for profit - Injury to the Union industry - Calculation of price undercutting and the injury margin - Causal link - Access to confidential data of the anti-dumping investigation - Rights of the defence)
(2019/C 187/65)
Language of the case: English

Parties


Applicants: Jindal Saw Ltd (New Delhi, India), Jindal Saw Italia SpA (Trieste, Italy) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: European Commission (represented by: J.-F. Brakeland and G. Luengo, acting as Agents)

Intervener in support of the defendant: Saint-Gobain Pam (Pont-à-Mousson, France) (represented by: O. Prost, A. Coelho Dias and C. Bouvarel, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2016/388 of 17 March 2016 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ 2016 L 73, p. 53), in so far as that regulation concerns the applicants.

Operative part of the judgment

The Court:






1.



Annuls Commission Implementing Regulation (EU) 2016/388 of 17 March 2016 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India, in so far as it concerns Jindal Saw Ltd;











2.



Orders the European Commission to bear its own costs and to pay the costs incurred by Jindal Saw and Jindal Saw Italia SpA;











3.



Orders Saint-Gobain Pam to bear its own costs.







(1)  OJ C 314, 29.8.2016.