CELEX: 62007TJ0274
Language: en
Date: 2011-11-08
Title: Judgment of the General Court (Fourth Chamber) of 8 November 2011. # Zhejiang Harmonic Hardware Products Co. Ltd v Council of the European Union. # Dumping - Imports of ironing boards originating in the People’s Republic of China and Ukraine - Market economy treatment - Rights of the defence - Offer of price undertakings - Confidential treatment of the complainants’ identity. # Case T-274/07.

Judgment of the General Court (Fourth Chamber) of 8 November 2011 – Zhejiang Harmonic Hardware Products v Council 
      (Case T-274/07)
      Dumping – Imports of ironing boards originating in the People’s Republic of China and Ukraine – Market economy treatment – Rights of the defence – Offer of price undertakings – Confidential treatment of the complainants’ identity
      1.                     Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Investigation
            – Refusal to grant market economy treatment – Rectification of the Commission’s position in the final information document
            – Possibility of the Commission subsequently returning to its initial decision, in the absence of new factors – Lawfulness
            – Conditions (Council Regulation No 384/96, Arts 2(7)(c), second para., and 20) (see paras 37-41, 45, 48, 51-52)
      2.                     Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Communication by
            the Commission of final information to the undertakings – Legal nature (Council Regulation No 384/96, Art. 20(1), (2), (4)
            and (5)) (see paras 47-50)
      3.                     Common commercial policy – Protection against dumping – Anti-dumping proceeding – Access to the file – Confidential treatment
            of the matters in a complaint – Conditions (Council Regulation No 384/96, Art. 19(1) and (2)) (see paras 57-61)
      4.                     Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Communication by
            the Commission of final information to the undertakings – Transmission to the Council of the Commission’s proposal for definitive
            measures less than 10 days after that communication – Irregularity – Consequences for the validity of the regulation adopted
            by the Council (Council Regulation No 384/96, Art. 20(5)) (see paras 70-74, 76-90)
      5.                     Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Possibility of exporters
            offering undertakings within the time-limit laid down by Article 20(5) of Regulation No 384/96 submitting observations – Non-compliance
            with the time-limit by the Commission – Irregularity (Council Regulation No 384/96, Arts 8 and 20(5)) (see paras 94-96)
      Re:
      
         
               ACTION for annulment of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting
                  definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine
                  (OJ 2007 L 109, p. 12), in so far as it imposes an anti-dumping duty on imports of ironing boards manufactured by the applicant.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Articles 1 and 2 of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and
                     collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of
                     China and Ukraine, in so far as they impose a definitive anti-dumping duty and collect definitively the provisional duty on
                     ironing boards manufactured by Zhejiang Harmonic Hardware Products Co. Ltd;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Council of the European Union to bear its own costs and to pay those incurred by Zhejiang Harmonic Hardware Products;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission, Vale Mill (Rochdale) Ltd, Pirola SpA and Colombo New Scale SpA to bear their own costs.