CELEX: C2006/310/47
Language: en
Date: 2006-12-16 00:00:00
Title: Case T-296/06: Action brought on 19 October 2006 — Dongguan Nanzha Leco Stationery v Council

16.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 310/25
            
         Action brought on 19 October 2006 — Dongguan Nanzha Leco Stationery v Council
   (Case T-296/06)
   (2006/C 310/47)
   Language of the case: English
   Parties
   
      Applicant: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd (Dongguan City, China) (represented by: A. P. Bentley, QC)
   
      Defendant: Council of the European Union
   Form of order sought
   
               —
            
            
               Annul Council Regulation (EC) No 1136/2006 in so far as it applies to the applicant; and
            
         
               —
            
            
               order the Council to bear the costs of the present proceedings.
            
         Pleas in law and main arguments
   The applicant, who is a Chinese producer of lever arch mechanisms, seeks the annulment of Council Regulation (EC) No 1136/2006 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 (1), in so far as the regulation affects the applicant.
   In support of its application, the applicant invokes an infringement of Article 2(10) of the Basic Regulation (2) in that the Community institutions determined the applicant's export price at a level ex factory in China which did not include sales, general and administrative expenses, whereas the normal value did include such expenses.
   The applicant further invokes an infringement of the principles of good administration and diligent investigation in that the Community institutions failed to verify data relating to the sales, general and administrative expenses of the sales company through which the applicant sells its products in order to determine whether the applicant's export price should be determined at the price level of this sales company instead of at the price level of the applicant's factory in China.
   Finally, the applicant invokes an infringement of Article 2(7) of the Basic Regulation and the principles of good administration and objectivity in that the Community institutions changed their methodology for determining the normal value without any apparent objective justification.
   
      (1)  OJ 2006 L 205, 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).