Judgment of the General Court (Third Chamber) of 18 November 2014 —
Photo USA Electronic Graphic v Council
(Case T‑394/13)
Dumping — Imports of ceramic tableware and kitchenware originating in the People’s Republic of China — Definitive anti-dumping duty — Definition of the product concerned
1. Common commercial policy — Protection against dumping — Investigation — Definition of the product concerned — Factors that may be taken into account — Determination of similar product having regard to the general definition of the product concerned — No need for the products under investigation to be identical and interchangeable — Discretion of the institutions — Judicial review — Scope (Council Regulations No 1225/2009, Art. 1(4), and No 412/2013) (see paras 28-32, 34, 37, 39, 41, 45, 48)
2. Common commercial policy — Protection against dumping — Injury — Establishing a causal link — Obligations of the institutions — Taking into account of matters extraneous to the dumping — Proper conduct of EU producers — Investigation in progress of a national competition authority concerning conduct of certain EU producers on the national market — Irrelevant (Council Regulations No 1225/2009, Art. 1(4), and No 412/2013) (see paras 65-69, 73, 74, 77, 78, 80, 81)
Re:
| APPLICATION for annulment of Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ 2013 L 131, p. 1) in so far as it imposes an anti-dumping duty on the applicant. |
Operative part
The Court:
2. | | Orders Photo USA Electronic Graphic, Inc. to bear its own costs and to pay those incurred by the Council of the European Union and by Ancàp SpA, Cerame-Unie AISBL, Confindustria Ceramica and Verband der Keramischen Industrie eV; |
3. | | Orders the European Commission to bear its own costs. |