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Case T-356/22: Judgment of the General Court of 19 March 2025 – LG Chem v Commission (Dumping – Import of superabsorbent polymers originating in the Republic of Korea – Regulation (EU) 2022/547 – Definitive anti-dumping duty – Article 3(2), (3), (5), (6) and (7) of Regulation (EU) 2016/1036 – Article 9(4) of Regulation 2016/1036 – Determination of injury – Examination of the effect of the imports on prices for like products sold on the EU market – Analysis of price undercutting – Application of the product control number method – Causal link – Attribution and non-attribution analysis – Other known factors – Amount of anti-dumping duty – Rights of the defence – Principle of sound administration)

ECLI:EU:UNKNOWN:62022TA0356

62022TA0356

March 19, 2025
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Official Journal of the European Union

C series

C/2025/2524

12.5.2025

(Case T-356/22)

(Dumping - Import of superabsorbent polymers originating in the Republic of Korea - Regulation (EU) 2022/547 - Definitive anti-dumping duty - Article 3(2), (3), (5), (6) and (7) of Regulation (EU) 2016/1036 - Article 9(4) of Regulation 2016/1036 - Determination of injury - Examination of the effect of the imports on prices for like products sold on the EU market - Analysis of price undercutting - Application of the product control number method - Causal link - Attribution and non-attribution analysis - Other known factors - Amount of anti-dumping duty - Rights of the defence - Principle of sound administration)

(C/2025/2524)

Language of the case: English

Parties

Applicant: LG Chem, Ltd. (Seoul, South Korea) (represented by: P. Vander Schueren, E. Gergondet and A. Nosowicz, lawyers)

Defendant: European Commission (represented by: G. Luengo and J. Zieliński, acting as Agents)

Interveners in support of the defendant: BASF Antwerpen NV (Antwerp, Belgium) and Nippon Shokubai Europe NV (Antwerp) (represented by: M.-S. Dibling and J. Pauwelyn, lawyers), and Evonik Superabsorber GmbH (Essen, Germany) (represented by: T. Wessely, T. Oeyen, lawyers, and A. Çelebi, Solicitor)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Implementing Regulation (EU) 2022/547 of 5 April 2022 imposing a definitive anti-dumping duty on imports of superabsorbent polymers originating in the Republic of Korea (OJ 2022 L 107, p. 27), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

Dismisses the action;

Orders LG Chem, Ltd. to bear its own costs and to pay those incurred by the European Commission, BASF Antwerpen NV, Nippon Shokubai Europe NV and Evonik Superabsorber GmbH.

(1)

OJ C 294, 1.8.2022.

ELI: http://data.europa.eu/eli/C/2025/2524/oj

ISSN 1977-091X (electronic edition)

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