Keywords
Summary

Keywords

1 . ANNULMENT OF MEASURES - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION IMPOSING ANTI-DUMPING DUTIES - MANUFACTURERS AND EXPORTERS IN NON-MEMBER COUNTRIES

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COUNCIL REGULATION NO 3017/79 AND NO 101/83 )

2 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - NORMAL VALUE OF PRODUCTS - CALCULATION - REFUSAL OF FIRM TO COOPERATE - USE OF AVAILABLE INFORMATION - DETERMINATION ON THE BASIS OF PRICE UNDERTAKINGS ENTERED INTO AND LATER REVOKED BY THE FIRM - PERMISSIBILITY

( COUNCIL REGULATION NO 3017/79 , ARTS 2 AND 7 ( 7 ) ( B ))

3 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - FIXING OF ANTI-DUMPING DUTIES - AMOUNT NECESSARY TO REMOVE THE INJURY

( COUNCIL REGULATION NO 3017/79 , ART . 13 ( 3 ))

Summary

1 . MEASURES IMPOSING ANTI-DUMPING DUTIES ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE CONCERNED BY THE PRELIMINARY INVESTIGATION .

2 . IF A FIRM DOES NOT COOPERATE IN AN ANTI-DUMPING INVESTIGATION CARRIED OUT BY THE COMMISSION , WHICH IS AN EVENT PROVIDED FOR BY ARTICLE 7 ( 7 ) ( B ) OF REGULATION NO 3017/79 , AND THE INFORMATION AVAILABLE DOES NOT ENABLE IT TO ESTABLISH THE NORMAL VALUE ON ONE OF THE BASES MENTIONED IN ARTICLE 2 OF THAT REGULATION , THE COMMISSION IS ENTITLED TO TAKE AS A BASIS THE PRICES LAID DOWN IN AN UNDERTAKING ENTERED INTO AND LATER REVOKED BY THE FIRM , WHICH MAY BE CONSIDERED TO BE CLOSEST TO ECONOMIC REALITY , UNLESS THE COMMISSION POSSESSES INFORMATION INDICATING THAT THOSE PRICES NO LONGER CORRESPOND TO ECONOMIC REALITY . IN RECALCULATING THE NORMAL VALUE IT MAY ALSO USE THE GENERAL PRICE INDEX REFERRED TO FOR ADJUSTING THE PRICES AGREED TO IN THE UNDERTAKING IF THERE IS A REASONABLE RELATION BETWEEN THE INDEX AND THE FIRM ' S COSTS .

3 . IT IS CLEAR FROM ARTICLE 13 ( 3 ) OF REGULATION NO 3017/79 , WHICH STATES THAT THE AMOUNT OF ANTI-DUMPING DUTIES MAY NOT EXCEED THE DUMPING MARGIN AND SHOULD BE LESS IF SUCH LESSER DUTY WOULD BE ADEQUATE TO REMOVE THE INJURY , THAT WHEN THE COUNCIL ADOPTS AN ANTI-DUMPING REGULATION IT IS REQUIRED TO ASCERTAIN WHETHER THE AMOUNT OF THE DUTIES IS NECESSARY IN ORDER TO REMOVE THE INJURY .