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Common commercial policy ° Protection against dumping ° Interpretation of Community rules ° Anti-dumping duty ° Application of rates of anti-dumping duty individually assigned to exporters ° Export effected by an intermediary undertaking ° No effect
(Council Regulation No 374/87, Art. 1(3))
Article 1(3) of Regulation No 374/87 definitively collecting the provisional anti-dumping duty and imposing a definitive anti-dumping duty on imports of housed bearing units originating in Japan, which provides for the application of the individual rates of anti-dumping duty assigned to seven exporters listed by name and of a higher residual rate for other exporters, must be interpreted having regard not only to its wording but also to the context in which it occurs and the objects of the rules of which it is part. It may be seen from the basic regulation on protection against dumped or subsidized imports from countries not members of the European Economic Community that the amount of anti-dumping duties must not exceed the dumping margin and should be less if such lesser duty would be adequate to remove the injury. That principle, which is also embodied in Article 8 of the GATT Anti-Dumping Code, would be infringed if a higher anti-dumping duty were to be imposed on a product when it is exported by an intermediary undertaking than that applicable when the same product is exported to the Community market by the undertaking which has sold it to the intermediary undertaking. If in the latter case the duty prescribed was regarded as adequate to remove the injury, the application in the other case of a higher duty would be disproportionate to the objective sought.
Consequently Article 1(3) of Regulation No 374/87 must be interpreted as meaning that it is sufficient, for applying the individual rate of duty assigned to an exporter listed by name, that it should be proved that the housed bearing units presented for importation have been manufactured by or for that exporter.