Champion Stationery Mfg Co. Ltd, Sun Kwong Metal Manufacturer Co. Ltd and US Ring Binder Corporation v Council of the European Union (T-147/97)

Judgment of 19 Nov 1998

law://eu/cjeu/1997/t-147-97/para_42@2026-11-14

42Next, the applicants claim that the disclosure document did not indicate that the granting of individual treatment to WWS would result in that company's sales being excluded for the calculation of the average injury caused by the other Chinese exports. In any event, the granting of individual treatment to WWS need not necessarily have resulted in the imposition of a rate of duty different from that provided for in the provisional duty regulation for the applicants. The granting of individual treatment to a given exporter does not necessarily affect the injury elimination level of the other exporters. The applicants refer to the Japanese plain paper photocopiers case (Council Regulation (EEC) No 535/87 of 23 February 1987 imposing a definitive antidumping duty on imports of plain paper photocopiers originating in Japan (OJ 1987 L 54, p. 12)) and to that of ‘DRAM’ electronic microcircuits originating in the Republic of Korea (Council Regulation (EEC) No 611/93 of 15 March 1993 imposing a definitive antidumping duty on imports into the Community of certain electronic mirocircuits known as DRAMs originating in the Republic of Korea and exported by companies not exempted from this duty, and collecting definitively the provisional antidumping duty (OJ 1993 L 66, p. 1)). Even if the applicants must have been aware of the fact that the level of duty applicable to them would increase as a result of the individual treatment granted to WWS, it was totally impossible for them to calculate the precise rate of the definitive duty.

Champion Stationery Mfg Co. Ltd, Sun Kwong Metal Manufacturer Co. Ltd and US Ring Binder Corporation v Council of the European Union (T-147/97)

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