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Case C-592/17: 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 (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)
ECLI:EU:UNKNOWN:62017CA0592
62017CA0592
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Valentina R., lawyer
14.1.2019
Official Journal of the European Union
C 16/24
(Case C-592/17) (*)
((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
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.
(*) Language of the case: Danish.