(Appeal– Dumping– Implementing Regulation (EU) 2017/804– Imports of certain seamless pipes and tubes originating in China– Definitive anti-dumping duty– Regulation (EU) 2016/1036
Tribunal de Justicia de la Unión Europea

(Appeal– Dumping– Implementing Regulation (EU) 2017/804– Imports of certain seamless pipes and tubes originating in China– Definitive anti-dumping duty– Regulation (EU) 2016/1036

Fecha: 20-Ene-2022

Background to the dispute

10The background to the dispute was set out in paragraphs1 to 7 of the judgment under appeal and may, for the purposes of the present judgment, be summarised as follows.

11On 13February 2016, following a complaint, the Commission initiated an anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron, other than cast iron, or steel, other than stainless steel, of circular cross-section, of an external diameter exceeding 406.4mm (‘the product under consideration’) originating in China.

12In the course of the investigation, Hubei, a company with registered offices in China that produces and exports to the European Union seamless pipes and tubes, was selected for inclusion in the sample of Chinese exporting producers pursuant to Article17 of the basic regulation.

13On 11November 2016, the Commission adopted Regulation (EU) 2016/1977 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4mm originating in the People’s Republic of China (OJ 2016 L305, p.1).

14On 11May 2017, the Commission adopted the regulation at issue, Article1 of which provides for the imposition of a definitive anti-dumping duty on all Chinese exporting producers of the product under consideration. In so far as concerns the products manufactured and exported by Hubei, the rate of anti-dumping duty was set at 54.9%.