Case T-334/24: Action brought on 3 July 2024 – Lam Khang v Commission
Date: 2024-07-03
Institutions: General Court
Subjects: Indonesia, Taiwan, Türkiye, Viet Nam, countervailing charge, flat product, import (EU), originating product, steel








C_202404975EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4975


19.8.2024






Action brought on 3 July 2024 – Lam Khang v Commission


(Case T-334/24)

(C/2024/4975)
Language of the case: English

Parties


Applicant: Lam Khang Joint Stock Company (Hanoï, Viêt Nam) (represented by: V. Crochet and B. Servais, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Regulation (EU) 2024/1268 (1) of 6 May 2024 extending the definitive countervailing duties imposed by Implementing Regulation (EU) 2022/433on imports of stainless steel cold-rolled flat products originating in Indonesia to imports of stainless steel cold-rolled flat products consigned from Taiwan, Türkiye and Vietnam, whether declared as originating in Taiwan, Türkiye and Vietnam or not in its entirety insofar as it concerns the applicant; and










—


order the Commission and any intervener who may be allowed to support the Commission to bear the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that by not concluding for the applicant individually that there was sufficient due cause or economic justification other than the imposition of the duty for the operations undertaken by Lam Khang Joint Stock Company, the Commission committed a manifest error of assessment and acted in breach of Articles 23(3) and 23(6) of Regulation 2016/1037 (2) of the European Parliament and of the Council (‘Basic Anti-Subsidy Regulation’) as well as the principle of sound administration.










2.


Second plea in law, alleging that the Commission committed manifest errors of assessment, acted in breach of the principle of sound administration as well as Articles 23(3) and 23(6) of the Basic Anti-Subsidy Regulation by considering that the stainless-steel cold-rolled flat products produced by the applicant and imported into the EU still benefit from subsidies granted to Indonesian stainless-steel cold-rolled flat products.










3.


Third plea in law, alleging that the Commission committed manifest errors of assessment and acted in breach Article 23(3) of the Basic Anti-Subsidy Regulation by finding that the manufacturing process carried out in Vietnam by Lam Khang Joint Stock Company constitutes an ‘assembly’ or ‘completion’ of ‘parts’ within the sense of Article 13(2) of the Basic Anti-Dumping Regulation and constitutes circumvention within the meaning Article 23(3) of the Basic Anti-Subsidy Regulation.










4.


Fourth plea in law, alleging that the Commission committed manifest errors of assessment and acted in breach of Articles 23(3) and 23(6) of the Basic Anti-Subsidy Regulation by considering that the stainless-steel cold-rolled flat products exported by the applicant to the EU undermined the remedial effects of the initial countervailing duties in terms of quantities.






(1)  Commission Implementing Regulation (EU) 2024/1268 of 6 May 2024 extending the definitive countervailing duties imposed by Implementing Regulation (EU) 2022/433 on imports of stainless steel cold-rolled flat products originating in Indonesia to imports of stainless steel cold-rolled flat products consigned from Taiwan, Türkiye and Vietnam, whether declared as originating in Taiwan, Türkiye and Vietnam or not (OJ L, 2024/1268).

(2)  Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (codification) (OJ 2016 L 176, p. 55).


ELI: http://data.europa.eu/eli/C/2024/4975/oj
ISSN 1977-091X (electronic edition)