CELEX: 62007TJ0167
Language: en
Date: 2011-04-13
Title: Judgment of the General Court (First Chamber) of 13 April 2011. # Far Eastern New Century Corp. v Council of the European Union. # Dumping - Imports of polyethylene terephthalate originating in Taiwan - Determination of the dumping margin - Asymmetrical method of calculation - Export pricing pattern differing according to purchasers and time periods - Full degree of dumping margin cannot be reflected by symmetrical methods of calculation - Duty to state reasons. # Case T-167/07.

Judgment of the General Court (First Chamber) of 13 April 2011 – Far Eastern New Century v Council
      (Case T-167/07)
      Dumping – Imports of polyethylene terephthalate originating in Taiwan – Determination of the dumping margin – Asymmetrical method of calculation – Export pricing pattern differing according to purchasers and time periods – Full degree of dumping margin not capable of being reflected by symmetrical methods of calculation – Duty to state reasons
      1.                     Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export
            price – Use of the asymmetrical method – Conditions – Existence of differences at the export price level – Differences according
            to purchasers, regions or periods – Whether existence of the difference sufficient (Council Regulation No 384/96, Art. 2(11))
            (see paras 62, 94, 97)
      2.                     Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export
            price – Use of the asymmetrical method – Conditions – Existence of differences at the export price level – Difference in pricing
            pattern between different periods – Criteria for assessment – Taking into account of internal prices – Not included (Council
            Regulation No 384/96, Art. 2 (11)) (see paras 62, 71-74, 94)
      3.                     Common commercial policy – Protection against dumping – Dumping margin – Choice between various calculation methods – Use
            of the asymmetrical method – Discretion of the institutions – Judicial review – Limits (Council Regulation No 384/96, Art.
            2(11)) (see para. 64)
      4.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing anti-dumping duties – Decision
            to apply the asymmetrical method for calculation of the dumping margin (Art. 253 EC; Council Regulation No 384/96, Arts 2(11),
            9(4) and 21) (see paras 103-106, 125-127)
      5.                     Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export
            price – Use of the asymmetrical method – Conditions – Symmetrical methods not capable of reflecting the full extent of the
            dumping – Asymmetrical method obtaining a higher dumping margin than that obtained by the symmetrical method – Effect (Council
            Regulation No 384/96, Art. 2(11)) (see paras 108-111)
      6.                     Common commercial policy – Protection against dumping – Dumping margin – Use of the asymmetrical method – Application of the
            reduction to zero mechanism – Lawfulness (Agreement on implementation of Article VI of the General Agreement on Tariffs and
            Trade, ‘1994 Antidumping Code’, Art. 2.4.2; Council Regulation No 384/96, Art. 2(11)) (see paras 153-154, 156-158)
      Re:
      
         
               APPLICATION for annulment of Council Regulation (EC) No 192/2007 of 22 February 2007 imposing a definitive anti-dumping duty
                  on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand
                  and Taiwan following an expiry review and a partial interim review pursuant to Article 11(2) and Article 11(3) of Regulation
                  (EC) No 384/96 (OJ 2007 L 59, p. 1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dimisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Far Eastern New Century Corp. to bear its own costs, together with those incurred by the Council of the European Union;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission to bear its own costs.