Judgment of the General Court of 21 February 2024 – Anhui Wanwei Updated High-Tech Material Industry and Inner Mongolia Mengwei Technology v Commission
(Case T-764/20) 1
(Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036)
Language of the case: English
Parties
Applicants: Anhui Wanwei Updated High-Tech Material Industry Co. Ltd (Chaohu, China), Inner Mongolia Mengwei Technology Co. Ltd (Bai Town, China) (represented by: J. Cornelis, F. Graafsma and E. Vermulst, lawyers)
Defendant: European Commission (represented by: G. Luengo, acting as Agent)
Intervener in support of the applicants: Wegochem Europe BV (Amsterdam, Netherlands) (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)
Interveners in support of the defendant: European Parliament (represented by: A. Neergaard, D. Moore and A. Pospíšilová Padowska, acting as Agents), Council of the European Union (represented by: H. Marcos Fraile and B. Driessen, acting as Agents, and by N. Tuominen, lawyer), Kuraray Europe GmbH (Hattersheim am Main, Germany) (represented by: R. MacLean and D. Sevilla Pascual, lawyers), Sekisui Specialty Chemicals Europe SL (La Canonja, Spain) (represented by: A. Borsos and J. Jousma, lawyers)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China (OJ 2020 L 315, p. 1), in so far as it concerns them.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Anhui Wanwei Updated High-Tech Material Industry Co. Ltd and Inner Mongolia Mengwei Technology Co. Ltd to bear their own costs and to pay the costs incurred by the European Commission, by Kuraray Europe GmbH and by Sekisui Specialty Chemicals Europe SL;
Orders the European Parliament, the Council of the European Union and Wegochem Europe BV to bear their own costs.
____________
1 OJ C 62, 22.2.2021.