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:

Operative part

The Court: