CELEX: 62006TJ0296
Language: en
Date: 2009-09-23
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union. # Dumping - Imports of lever arch mechanisms originating in China - Determination of the dumping margin - Market economy treatment - Comparison between the normal value and the export price - Application of a different method to that used during the initial investigation - Article 2(7)(a) and (10) of Regulation (EC) No 384/96. # Case T-296/06.

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Dongguan Nanzha Leco Stationery v Council
      (Case T-296/06)
      Dumping – Imports of lever arch mechanisms originating in China – Determination of the dumping margin – Market economy treatment – Comparison between the normal value and the export price – Application of a different method to that used during the initial investigation – Article 2(7)(a) and (10) of Regulation (EC) No 384/96
      1.                     Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export
            price – Adjustments (Council Regulation No 384/96, Art. 2(10)) (see paras 42-45, 51)
      2.                     Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Imports from
            countries not having a market economy as referred to inArticle 2(7)(b) of Regulation No 384/96 – Application of the rules for countries with a market economy – Application reserved
            for producers satisfying the conditions set out in Article 2(7)(b) of Regulation No 384/96 (Council Regulations Nos 384/96,
            Arts 2(1) to (6), and 7(b) and (c), and 1136/06) (see paras 47-50)
      3.                     Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Recourse to the
            constructed value – Discretion of the institutions – Limits (Council Regulation No 384/96, Arts 2(3), 6(8) and 16) (see paras
            58-63)
      4.                     Common commercial policy – Protection against dumping – Normal value of products – Calculation – Difference between the provisional
            and final conclusions as to the choice of the calculation method – Lawfulness – Limits (Council Regulation No 384/96, Arts
            2(7)(a) and 9(4)) (see paras 71-75)
      Re:
      
         
               APPLICATION for partial annulment of Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping
                  duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People’s
                  Republic of China (OJ 2006 L 205, p. 1), in so far as it applies to the applicant.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Dongguan Nanzha Leco Stationery Mfg. Co., Ltd, to bear its own costs and to pay those incurred by the Council of the
                     European Union, IML Industria Meccanica Lombarda Srl, Interkov spol. s r.o., MI.ME.CA. Srl and NIKO – kovinarsko podjetje,
                     d.d. Železniki;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Commission of the European Communities to bear its own costs.