22.2.2021

Official Journal of the European Union

C 62/39

(Case T-764/20)

(2021/C 62/50)

Language of the case: English

Parties

Applicants: Anhui Wanwei Updated High-Tech Material Industry Co. Ltd (Chaohu City, China), Inner Mongolia Mengwei Technology Co. Ltd (Bai Town, China) (represented by: J. Cornelis, F. Graafsma and E. Vermulst, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul 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 (1);

—orders the European Commission to pay the applicant’s costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging that Article 2(6a) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (‘Basic Regulation’) mandates an approach and creates an exception that is not provided for in the WTO Anti-Dumping Agreement (‘ADA’), and therefore cannot be applied.

2.Second plea in law, alleging a violation of Article 2(6a)(a) Basic Regulation by the defendant in considering that Mexican financial statements were not readily available, in breaching its duty of care by failing to consider meaningful data that would discard Turkey as the appropriate representative country, and in not selecting Mexico as the most appropriate representative country.

3.Third plea in law, alleging a violation of article 2(10) Basic Regulation, by making an adjustment for a notional commission and a manifest error of assessment in finding that Wanwei acts as an agent working on a commission basis, by not observing the fair comparison requirement, and by making an upward adjustment to the normal value for non-recoverable VAT.

4.Fourth plea in law, alleging a violation of Articles 3(2) and 3(3) Basic Regulation and manifest error of assessment when establishing price undercutting and a consequent violation of Article 3(6) Basic Regulation by failing to conduct a segmented price undercutting analyses, by failing to make the necessary adjustments for quality differences and by failing to establish price undercutting for the product as a whole.

5.Fifth plea in law, alleging a violation of the applicants’ rights of defence by refusing to disclose certain information necessary to be able to comment on the undercutting analysis.

*

(1) OJ 2020, L 315, p. 1.