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Case C-373/08: Judgment of the Court (Third Chamber) of 11 February 2010 (Reference for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Hoesch Metals and Alloys GmbH v Hauptzollamt Aachen (Community Customs Code — Article 24 — Non-preferential origin of goods — Origin-conferring processing or working — Silicon blocks originating in China — Separation, crushing and purification of the blocks and the sieving, sorting by size and packaging of the grains in India — Dumping — Validity of Regulation (EC) No 398/2004)
ECLI:EU:UNKNOWN:62008CA0373
62008CA0373
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27.3.2010
Official Journal of the European Union
C 80/2
(Case C-373/08) (<span class="super">1</span>)
(Community Customs Code - Article 24 - Non-preferential origin of goods - Origin-conferring processing or working - Silicon blocks originating in China - Separation, crushing and purification of the blocks and the sieving, sorting by size and packaging of the grains in India - Dumping - Validity of Regulation (EC) No 398/2004)
2010/C 80/03
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Hoesch Metals and Alloys GmbH
Defendant: Hauptzollamt Aachen
Re:
Reference for a preliminary ruling — Finanzgericht Düsseldorf (Germany) — Interpretation of Article 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Validity of Council Regulation (EC) No 398/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China (OJ 2004 L 66, p. 15) — Meaning of ‘substantial processing or working’ conferring origin on a product — Cleaning and crushing of silicon metal blocks originating in China and sorting, separating and packaging of the silicon grains thus obtained
Operative part of the judgment
1.The separation, crushing and purification of silicon metal blocks and the subsequent sieving, sorting and packaging of the silicon grains resulting from the crushing, as carried out in the main proceedings, do not constitute origin-conferring processing or working for the purposes of Article 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code.
2.The examination of the second question raised by the referring court has not revealed any factors of such a kind as to affect the validity of Council Regulation (EC) No 398/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China.
(<span class="super">1</span>) OJ C 272, 25.10.2008.