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Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union. # Dumping - Imports of lever arch mechanisms originating in China - Determination of the dumping margin - Market economy treatment - Comparison between the normal value and the export price - Application of a different method to that used during the initial investigation - Article 2(7)(a) and (10) of Regulation (EC) No 384/96. # Case T-296/06.
ECLI:EU:T:2009:347
62006TJ0296
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(Case T-296/06)
Dumping – Imports of lever arch mechanisms originating in China – Determination of the dumping margin – Market economy treatment – Comparison between the normal value and the export price – Application of a different method to that used during the initial investigation – Article 2(7)(a) and (10) of Regulation (EC) No 384/96
Re:
APPLICATION for partial annulment of Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People’s Republic of China (OJ 2006 L 205, p. 1), in so far as it applies to the applicant.
Operative part
The Court:
1.Dismisses the action;
2.Orders Dongguan Nanzha Leco Stationery Mfg. Co., Ltd, to bear its own costs and to pay those incurred by the Council of the European Union, IML Industria Meccanica Lombarda Srl, Interkov spol. s r.o., MI.ME.CA. Srl and NIKO – kovinarsko podjetje, d.d. Železniki;
3.Orders the Commission of the European Communities to bear its own costs.