14.1.2019 |
EN |
Official Journal of the European Union |
C 16/24 |
Judgment of the Court (Ninth Chamber) of 15 November 2018 (request for a preliminary ruling from the Vestre Landsret — Denmark) — Skatteministeriet v Baby Dan A/S
(Case C-592/17) (1)
((Reference for a preliminary ruling - Common Customs Tariff - Combined Nomenclature - Tariff classification - Headings and subheadings 4421, 7326, 7318 15 90, 7318 19 00 and 9403 90 10 - Article specially designed to mount child safety gates - Dumping - Validity of Regulation (EC) No 91/2009 - Imports of certain iron or steel fasteners originating in China - World Trade Organisation (WTO) Anti-Dumping Agreement - Regulation (EC) No 384/96 - Article 3(2) and Article 4(1) - Definition of Community industry))
(2019/C 16/30)
Language of the case: Danish
Referring court
Vestre Landsret
Parties to the main proceedings
Applicant: Skatteministeriet
Defendant: Baby Dan A/S
Operative part of the judgment
1. |
The Combined Nomenclature listed in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the versions resulting, successively, from Commission Regulation (EC) No 1214/2007 of 20 September 2007, and from Commission Regulation (EC) No 1031/2008 of 19 September 2008, must be interpreted as meaning that an article, such as that at issue in the main proceedings, which allows a movable child safety gate to be mounted to a wall or a door frame, does not constitute part of those gates and must be classified under subheading 7318 15 90 of the Combined Nomenclature. |
2. |
Examination of the fourth question referred has not revealed any factors of such a kind as to affect the validity of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China. |