Authors
- CELEX
- 62022TJ0263
- Citation
- Judgment of the General Court of 02 October 2024, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) and Others v European Commission , T-263/22 (ECLI:EU:T:2024:663, https://e-justice.europa.eu/ecli/ECLI:EU:T:2024:663 )
- ECLI
- ECLI:EU:T:2024:663
- Pages
- 70
- Published in
- Belgium
Table of Contents
- Judgment of the General Court (Third Chamber) 2 October 2024 1
- Judgment 2
- I. Background to the dispute 2
- II. Forms of order sought 3
- III. Law 4
- A. Admissibility 4
- B. Substance 7
- 1. The first plea, alleging infringement of Article 2(6a)(a) of the basic regulation and of the principle of good administration 8
- (a) The first part, relating to the choice of Thailand as the appropriate representative country within the meaning of Article 2(6a) of the basic regulation for the purposes of constructing the normal value of the product concerned 9
- (1) The prices of the raw materials needed to manufacture the product concerned in Thailand 9
- (i) The admissibility of the complaint concerning infringement of the principle of good administration 9
- (ii) The merits of the choice of Thailand as the appropriate representative country for the construction of the normal value of the product concerned 10
- (2) The representativeness of the calculation of SG&A costs and profits 15
- (3) The requirement to make amendments and adjustments 19
- (b) The second part, alleging that Malaysia was the most appropriate representative country 21
- (c) The calculation of inland freight, consumables and overheads for the purpose of determining the normal value 23
- (d) Calculation of the hourly labour cost 26
- (e) The imposition of import duties relating to raw materials 27
- 2. The second plea, alleging infringement of Article 2(10)(e) of the basic regulation 29
- 3. The third plea, alleging infringement of Article 18 of the basic regulation in the calculation of the labour costs necessary to manufacture the product concerned 32
- 4. The fourth plea, alleging infringement of Article 9(6) of the basic regulation 38
- 5. The fifth plea, alleging infringement of Article 3(2), (3), (5) and (6) of the basic regulation, read in conjunction with Article 4(1) of that regulation 43
- 6. The sixth plea, alleging infringement of Article 3(2) and (3) and Article 9(4) of the basic regulation 54
- 7. Seventh plea, alleging infringement of Article 3(2), (3) and (6) and Article 9(4) of the basic regulation 55
- 8. The eighth plea, alleging infringement of Article 3(2) and (5) of the basic regulation 58
- 9. The ninth plea, alleging infringement of the applicants’ procedural rights 61
- (a) Admissibility of the ninth plea 64
- (b) Exercise of the applicants’ procedural rights 68
- (1) The first part 68
- (2) The second part 68
- (3) The third part 69
- IV. Costs 70